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

PARTITION
279. Effects of partition. —The partition of the inheritance in the inventory proceeding
and made in respect of which there has been no objection, confers on the parties exclusive
ownership of the properties respectively allotted to them, as against other parties to the
proceeding.
280. Consequences of co-heir and moiety holder being deprived of possession.— (1) The
co-heirs and moiety holder shall be mutually liable to indemnify the co-heir or moiety
holder, who is deprived of possession of the property allotted to him, by a person having
better title thereto.
(2) Such liability ceases when there is agreement to the contrary or if the dispossession
takes place due to the fault of the person dispossessed or due to a cause which has arisen
subsequent to the partition.
(3) The dispossessed person shall be indemnified by the co-heirs and moiety holder in
proportion to their shares but where any of them has become insolvent, the remaining
parties shall be liable for his share in the said proportion, after deducting the share of the
dispossessed party.
281. Limitation for suit for damages.— A suit for recovery of the compensation set out in
the foregoing section shall be filed within a period of three years, and other provisions of
the Limitation Act, 1963 (Central Act 36 of 1963) shall be applicable.
282. Partition done out of court.— (1) An inheritance can be partitioned by a deed out of
court where the mandatory inventory is not required under the provisions of this Act.
(2) No partition of an inheritance shall be done out of court unless it is preceded by a
deed of declaration of heirship.
283. Rescission in case of out of court partition.— Partitions of inheritance made out of
court may be rescinded only on the grounds on which contracts may be rescinded.
CHAPTER XV
SUPPLEMENTAL PROVISIONS
284. Sale of share in undivided inheritance: right of pre-emption. —The moiety holder
and the co-heir shall have the right of pre-emption when any share in an undivided
inheritance is sold to a stranger, without prior notice to him.
285. Notice to moiety holder or co-heirs.— A co-heir or a moiety holder who intends to
sell his respective share or moiety in an undivided inheritance to strangers may, however,
give notice of the intended sale by instituting inventory proceeding to enable the parties
entitled to pre-empt to exercise their right in accordance with section 396.