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319. When the Special Notary shall refuse to perform the act.— The Special Notary shall refuse to perform the act:- (a) If such act is forbidden by law; (b) If the Special Notary doubts the mental faculties of any party, unless one of the witnesses be a doctor and the Special Notary records that such doctor has certified that such party is in his full senses. 320. Refusal to perform an act.— (1) Order of refusal to record reasons.— When the Special Notary refuses in writing to perform an act, which he is empowered to do, he shall make an order of refusal expeditiously and record his reasons for such order in his Book No. IX and endorse the words “refused to draw” on the draft document, if any, is presented, and, on an application made by any person who has an interest in causing it to be drawn, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) Application for reconsideration.— The aggrieved party may call upon such Notary to reconsider his refusal. (3) Duty to forward to the District Special Notary the application for re-consideration.— In the event the Special Notary does not reconsider the refusal within forty-eight hours, then he is bound to send the application for reconsideration to the District Special Notary as Appellate Authority, along with the respective documents and his report wherein he shall record reason for his refusal to perform the act. The District Special Notary shall give his decision affirming, reversing or altering such order. within 3 days. 321. Order of the District Special Notary.— (1) If the order of the District Special Notary direct the special notary to draw the document and the party appears before the Special Notary within 30 days from the date of the making of such order, the Special Notary shall comply with it. (2) Every District Special Notary rejecting the appeal shall make an order and record his reasons for such order in his Register of orders passed in appeal; and, on an application made by any person who has an interested in causing it to be drawn, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (3) No appeal shall lie from an order of the District Special Notary. 322. Suit in case of party being aggrieved by order of the District Special Notary.— Any person aggrieved by an order of the District Special Notary may file a suit in the civil court having jurisdiction over the area where the office of the District Special Notary is situate for a decree directing the Special Notary to draw the document. CHAPTER XX AUTHENTIC INSTRUMENT IN GENERAL
323. Who may be witnesses identifiers and certifiers.— (1) The following persons cannot be witnesses or identifiers or certifiers:- (a) persons who are not in their full senses; (b) minors; (c) deaf, dumb and blind; (d) the Special Notary and his spouse or their ascendants, descendants, brothers and sisters, brother in law sister in law and his staff; (e) persons directly interested in the deed; (f) ascendants in the acts of the descendants and vice versa; (g) father–in-law or mother–in–law in the acts of the son-in-law or daughter-in –law and vice versa; (h) husband in the acts of the wife and vice versa; (i) husband and wife together. (2) A Special Notary may accept persons as witnesses or identifiers who are either known to him or who prove their identity by means of any official document such as voters identity card, PAN card, multi- purpose National Identity card. 324. Requisites of authentic documents.— (1) The requisites of the authentic documents are as follows:- (i) the hour, date, month, year and the place where the document was drawn or signed when drawn outside the office and the statement that the Special Notary went there at the express request of the party, (ii) full name of the Special Notary, his designation as such Special Notary, and the address of his office (iii) full names, age, marital status, professions and addresses of the parties, and of their attorney or representatives, if the latter intervened directly in the deed; (iv) a reference to the powers of attorney and other documents which prove they are attorneys or representatives, so also other documents relating to the acts or which are part and parcel of the latter, with the dates and other details which identify them. The power of attorney executed abroad shall be counter-signed by the Indian Diplomatic Agent or the Consular services and shall be duly stamped by the competent Collector in Goa; (v) the acknowledgement of the identity of the parties from his personal knowledge or from the statement of the identifiers who know them; (vi) reference of the oath taken by the interpreters and the reasons which required their intervention and the manner in which the interpreters ascertained the wishes of the parties and explained to them the contents of the documents;
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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: (2) All copies given under this sec
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 and 116: (b) When a new document is produced
Page 117 and 118: 454. Cause Title.— (1) The cause
Page 119 and 120: Statement of Objects and Reasons Th
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