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

MANDATORY SUCCESSION,
COLLATION AND REDUCTION
83. Disposable portion.— The portion which the testator may freely dispose off shall be
called the disposable portion and it shall consist of half of the estate of the estate leaver,
except as provided hereunder:—
(a) Legitime of the parents: Where the estate leaver has no children or descendants at
the time of his death but either his mother or father is alive, the legitime of the surviving
parents shall consist of half of the inheritance.
(b) Legitime of other ascendants: Where the estate leaver has at the time of his death
ascendants other than the father or mother, their legitime shall consist of one third of the
inheritance.
84. Restrictions on transfer by parents, or grandparents.— Parents or grandparents shall
have no right to sell or mortgage their assets to their children or grand children unless the
remaining children or grand children and their spouses give their consent thereto in writing.
85. Disposition of specific usufruct or lifetime annuity.— Where the testator bequeaths a
specific usufruct or a lifetime annuity and the value of such usufruct or lifetime pension
annuity exceeds in value his disposable portion, the forced heirs may give effect to the
legacy or deliver to the legatee the disposable portion only.
86. Inofficious dispositions.— Dispositions by the estate leaver by gift or will which
exhaust the disposable portion and impair the mandatory share of the forced heirs shall be
called inofficious dispositions.
87. Right of forced heir to claim reduction.— Where the estate leaver has gifted or
disposed off by will assets in excess of his disposable portion, the forced heirs may apply
that the gift or the testamentary disposition be reduced.
88. Renunciation of right to claim reduction.—No person shall during the lifetime of the
estate leaver renounce his right to have the gift or will reduced.
89. Computation of disposable portion.— (1) For the purposes of reduction of inofficious
gifts or wills, the computation of the disposable portion shall be made as follows:—
(a) the values of all the assets left by the estate leaver on the date of his death, shall be
added;
(b) thereupon, the value of the assets gifted by the estate leaver during his lifetime
shall be added;
(c) and thereafter, the debts of the estate leaver shall be deducted.
The disposable portion shall be calculated taking into account the total sum.