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

More documents

Recommendations

Info

(3) As regards questions of fact which have to be proved by adducing other evidence, the court may decide the question provisionally reserving the right to file a suit when a finding on merits can be given without holding a detailed inquiry. CHAPTER XLVI APPEALS 451. Appeals.— (1) An appeal from the final order made in the inventory proceeding shall lie to the competent Court depending upon the value of the assets and such appeal shall be deemed to be an appeal under section 96 of the Code of Civil Procedure, 1908 ( 5 of 1908). (2) An appeal from order shall lie from every order, other than a merely administrative order, made in inventory proceeding to the competent court depending upon the value given to the assets at the time the order is made and appeal shall be deemed to be an appeal under section 104 of the Code of Civil Procedure, 1908 (5 of 1908). CHAPTER XLVII PREVENTIVE MEASURES 452. Appointment of Receiver.— (1) After the filing of the inventory proceeding, pending appointment of the head of the family, where there is a just apprehension that the assets of the estate are in danger of being wasted, damaged or dissipated or alienated, the court may, upon an application of any party interested in the preservation of the assets, and, or of its own motion, order that a list of the assets with their description and estimated value, be prepared. The court shall place the assets in the custody of a Receiver who may be either the applicants the person in possession or any other interested party. The Receiver shall manage the assets and render accounts. The list of assets prepared under this clause shall form part of the list of assets in the inventory proceeding. (2) When the court is satisfied that the delay will defeat the very object of the relief sought, it may pass such order, ex- parte. (3) Upon hearing the person dispossessed by the ex parte order, the court may either confirm or vacate the ex parte order passed. In case it is confirmed, such assets shall be handed over to the head of the family appointed in the inventory proceeding. 453. Temporary Injunction.— When an interested party has reasonable apprehension that another interested party may cause damage to the assets of the inheritance, or commit acts which may cause grave and irreparable injury to his right, he may apply for a temporary injunction or such other order as may be just and proper to avoid such injury or damage. The court may pass an interim ex parte order, when it is satisfied that the delay will defeat the very object of the relief sought. CHAPTER XLVIII MISCELLANEOUS
454. Cause Title.— (1) The cause title in the initial petition instituting inventory proceeding shall set out the name and full address of the petitioner and the name and the permanent residence of the estate leaver. (2) It shall be the duty of the head of the family to submit a fresh cause title in inventory proceeding setting out the names of the estate leaver, the petitioner, head of the family, and also the names of all the impleaded interested parties. (3) It shall be the duty of the head of the family to submit to the court an amended cause title whenever a party is added or deleted. (4) The causes title in the inventory proceeding shall be in the form as specified below subject to such modifications as may be require. In the Court of …… Inventory Proceeding No……………........ of …… IN THE MATTER OF INHERITANCE OF THE LATE XYZ 1. ABC…………….. ………….. Petitioner 2. LMN……………. …………. Head of the family And 3. PQN 4. RST etc…………... …………... Interested Parties 455. Stamp duty payable.— (1) The inheritance shall be liable to pay stamp duty of one percent of the net value of the assets as shown in the chart of partition. (2) The interested parties shall be liable to share the duty payable in proportion to their share in the inheritance. (3) Where any of the interested parties does not pay his share of the duty payable, any other interested party may pay such share of duty and recover the amount in the same proceedings with interest at the rate of 10% per annum Where the defaulting party is entitled to owelty, such amount shall be adjusted against the owelty, and for the balance, there shall be a charge on the assets allotted to him and he shall not be entitled to the possession of those assets. 456. Fixation of the amount of costs.— (1) The costs of inventory proceeding shall be at the discretion of the court. (2) Where a party is guilty of causing unjustified delay, the court may, for reasons to be recorded, make an order requiring such party to pay to the other party or parties such costs as it deems fit.
Page 1 and 2:
LEGISLATIVE ASSEMBLY OF THE STATE O
Page 3 and 4:
ACCEPTANCE AND RENUNCIATION OF THE
Page 5 and 6:
CHAPTER IX PREFERENTIAL RIGHT OF TH
Page 7 and 8:
Section 161. Manner and place of de
Page 9 and 10:
Section 239. Failure to present the
Page 11 and 12:
BOOKS, INDICES AND FIRE PROOF BOXES
Page 13 and 14:
CIVIL LIABILITY OF THE SPECIAL NOTA
Page 15 and 16:
Section 401. When co-heirs are call
Page 17 and 18:
Section 456. Fixation of the amount
Page 19 and 20:
(f) “estate leaver” means the p
Page 21 and 22:
5. Types of successors: Heirs and l
Page 23 and 24:
(3) Upon conviction as provided in
Page 25 and 26:
26. Acceptance or renunciation by o
Page 27 and 28:
(c) more than half of the inheritan
Page 29 and 30:
(2) Where the usufruct is in respec
Page 31 and 32:
63. Right of representation.—The
Page 33 and 34:
spouse irrespective of their matrim
Page 35 and 36:
(2) The value of the gifted assets
Page 37 and 38:
inheritance, the excess shall be re
Page 39 and 40:
legatees, unless the testator has i
Page 41 and 42:
128. Brothers or sisters generally
Page 43 and 44:
(2) If a debt is to fall due only a
Page 45 and 46:
159. Legacy of periodic sums.— Wh
Page 47 and 48:
174. Right to legacy.— The legate
Page 49 and 50:
189. Disinheritance. —The forced
Page 51 and 52:
(2) The intestate heir forfeits his
Page 53 and 54:
219. Restrictions on disposition of
Page 55 and 56:
has agreed with the person who is i
Page 57 and 58:
(c) the other heirs, who are not -u
Page 59 and 60:
262. Where the executor declines to
Page 61 and 62:
(2) However, it shall always be law
Page 63 and 64:
286. Sham sale.— (1) A sale, whet
Page 65 and 66: SPECIAL NOTARIES CHAPTER XVI ESTABL
Page 67 and 68: 308. Obligation of the State to pro
Page 69 and 70: (2) All copies given under this sec
Page 71 and 72: 323. Who may be witnesses identifie
Page 73 and 74: affixed and in the absence of the r
Page 75 and 76: (3) The record to be made by the Sp
Page 77 and 78: 337. Delivery of the closed will.
Page 79 and 80: interested party shall also declare
Page 81 and 82: of the testator can be gathered fro
Page 83 and 84: CHAPTER XXX CERTIFIED COPIES 352. W
Page 85 and 86: shall be punishable with imprisonme
Page 87 and 88: (3) Where, after allotment or after
Page 89 and 90: epresentative of the person under d
Page 91 and 92: (c) The head of the family shall be
Page 93 and 94: (2)Copies of the list of assets and
Page 95 and 96: (2) The court shall, after recordin
Page 97 and 98: 397. Sale of share in the undivided
Page 99 and 100: (3) Where an objection has been rai
Page 101 and 102: (3) Where the respective creditor w
Page 103 and 104: (2) The members of the family counc
Page 105 and 106: (4) Where the debts have been appro
Page 107 and 108: present. If none of the above condi
Page 109 and 110: 434. Procedure for second valuation
Page 111 and 112: 438. Preliminary chart.— (1) Wher
Page 113 and 114: duty is produced. The order confirm
Page 115: (b) When a new document is produced
Page 119 and 120: Statement of Objects and Reasons Th
show all

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

Create successful ePaper yourself

Delete template?

Save as template?