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present. If none of the above conditions are satisfied, the donee shall be notified before
the licitation to raise his objection within 10 days.
(4) Irrespective of any application referred to in this section, the donee may apply for a
second valuation of some or all the gifted assets, within 30 days from date of notice of the
first valuation, it is found that the gift is inofficious.
428. Licitation of bequeathed assets.— (1) Where any party applies that the bequeathed
assets be put to licitation, the legatee shall be notified to give his say, if any, within three
days.
(2) If the latter objects, no licitation shall be held, but it is lawful to the heirs to apply for
second valuation of the assets, when the undervaluation of the assets may affect them
adversely, within 30 days from the date of objection.
(3) Where the legatee does not object, the licitation shall be held and the legatee shall
have a right to the respective value.
429. When licitation is to be held.— (1) The licitation shall be held within 30 days from the
date the conference is held, if possible.
(2) Every licitation shall be conducted by an officer appointed for the purpose by the
court. However, such officer shall not declare the highest bidder without the leave of the
court.
(3) It is lawful to withdraw the request to have licitation till such time the respective item is
put to bid; in such an event, however, any other party shall be allowed to apply for
licitation on the same item.
430. Licitation defined.—(1) Licitation is a family auction in which only heirs and
the moiety holder spouse of the estate leaver, or of the deceased heir are allowed to
participate, except in cases where, in terms of the preceding section, the donee or the
legatee should also be allowed to make a bid. Such of the properties of the inheritance
which are not necessarily to be allotted to any particular party, only may be put to
licitation.
(2) The constituted attorney of a person entitled to participate in the licitation may bid on
his behalf provided specific powers for such purpose have been conferred on him by the
power of attorney. The power of attorney or a true copy thereof duly certified by a notary
public shall be placed on record.
(3) Each item as described in the final list shall be put to bid individually, unless all parties
agree to form lots for that purpose, or where there are some properties which cannot be
separated without inconvenience. Different parties,may, by agreement, offer a bid over the
same item or lot so that may be allotted to them in common. Such a bid shall be deemed to
be one indivisible bid and the parties shall be jointly and severally liable to pay or deposit
the entire bid amount.