bill as introduced - Goavidhansabha.gov.in - Welcome to Goa ...

434. Procedure for second valuation.— (1) The second valuation shall be done by three
valuers appointed by the consent of the parties. In the absence of such agreement, each
side shall appoint one valuer and the Court shall appoint third valuer. The co-heir, donee,
or legatee, referred to in sections 426, 427 and 428 shall form one side and the other
parties, competent or under disability, shall form the other side. The minors and other
persons under disability shall be represented at the time of the valuation by their parents, or
by the guardians and curators.
(2) Where there are more than one co-heir, donee or legatee in the circumstances
mention in sections 426 to 428, all of them who have common interest shall constitute one
block against the other parties.
435. Scheme of partition.— (1) Upon completion of valuation of assets and licitation, if
any, the heirs, head of the family, and the moiety holders shall submit to the court a scheme
of partition within 30 days and the court shall thereafter make an order thereon showing
the mode of partition. In the said order, the court shall decide all questions including
questions which have not been decided till then and which have to be necessarily decided
for drawing the chart of partition.
(2) The court may, in exceptional cases, direct the parties to lead such evidence as may
be necessary to effect the partition but, if there are questions which require a detailed
inquiry, the court shall direct the parties to file a Civil Suit, if they so desire. Questions which
are required to be decided in the normal course of the inventory proceeding shall not be
left to be decided at the time of passing the order on how the partition should be effected.
(3) No appeal shall lie from the order deciding on the mode of partition. However, such
order may be challenged in the appeal, if any, preferred against the final order confirming
the partition.
436. Procedure for filling up the shares of the parties.— The procedure hereunder
shall be followed for the purpose of filling up of the shares of the parties in the inheritance:-
(a) Gifted assets or assets struck down in the licitation shall be allotted to the
respective donee or bidder.
(b) Assets of the same kind and nature as the properties gifted or struck down in the
licitation shall be allotted to the parties who do not collate or to the parties who are not
the highest bidders.
(c) When it is not possible to satisfy the co-heirs with assets of the same kind and
nature, where the gifted assets are immovable, the said co-heirs shall be entitled to be
identified in money and, if there are no fund in the inheritance, as many assets as may be
necessary to secure the sum due, shall be sold in public auction.
(d) However, if the gifted assets are movables, the co-heirs shall be entitled to be
satisfied with other movables of the inheritance according to their value.