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

367. Optional Inventory.— Where the interested parties do not fall in any of the
categories mentioned in section 366, the parties may institute inventory proceeding to
partition the inheritance, which shall be called as optional inventory proceeding.
368. Inventory upon divorce, or separation or annulment of marriage.— (1) After
the divorce or separation of persons or annulment of marriage is decreed, the spouses may
partition their assets by instituting inventory proceeding which shall be miscellaneous
proceeding appended to the suit for divorce, separation of persons or annulment.
(2) Separation of assets in special cases – debts of spouse, insolvency and bankruptcy;
(a) Wherever any spouse seeks separation of common assets or where either spouse is
declared as insolvent or bankrupt, the procedure specified in sub-section (1) shall be
followed with the following modification:-
(i) the creditor of the indebted spouse or any creditor in case of insolvency or
bankruptcy shall have the right to prosecute the inventory;
(ii) debts which are not proved by documentary evidence shall not be approved;
(iii) the other spouse has the right to choose the assets which shall constitute his or
her moiety. If such right is exercised, notice thereof shall be given to the creditors who
may object to the choice giving the grounds on which such objections are based.
(b) Where the court upholds the objection of the creditors, the court shall order that a
second valuation of such assets as have not been properly valued be done by three
valuers appointed by the aggrieved spouse, the creditor and the court.
(c) When the second valuation modifies the value of the assets chosen by the
aggrieved spouse, he/she may within 10 days from the conclusion of the appraisal,
withdraw from the choice exercised. Thereupon, the moieties shall be allotted by draw
of lots.
369. Inventory where a party dies after allotment in Inventory proceeding which were
finally disposed of.— Where, after the partition is effected in any inventory, any interested
party dies leaving no assets other than those that have been allotted in the inventory, such
inheritance shall be partitioned in the same inventory proceeding that was finally disposed.
The person to whom the office of head of family belongs shall take oath of office and the
procedure set out hereafter shall be applicable.
370. Inventory upon death of the surviving spouse.— (1) Where the inventory of a
predeceased spouse is concluded, the inventory on the death of the surviving spouse shall
be continued in the former inventory proceeding.
(2) In the event there are additional assets in the proceeding referred to in sub-section (1),
their serial number shall be in continuation of the last item in the former inventory
proceeding.