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

situated at different places in Goa, the succession opens where the major part of these
properties are situated. Such major part is calculated on the basis of the value of the
properties.
(iii) If the immovable properties of the deceased who was governed by this Act are
situated partly in Goa and partly outside Goa, the succession opens in Goa irrespective
of the value of the properties;
(iv) The succession of a person, who died outside the State of Goa, and he did not
have a permanent residence in Goa, nor did he own any immovable properties in Goa
but has movables in Goa, opens at the place where major part of the movable assets
are located;
(v) If the deceased did not have a permanent residence nor immovable properties in
Goa, the succession opens at the place where he died in the State of Goa.
(3) The rule that the Court competent to entertain the inventory proceeding is the Court
where the inheritance opens is subject to the exceptions that the court in which the inventory
was instituted upon the death of one of the spouses shall have jurisdiction to entertain the
petition for inventory which may have to be initiated upon the death of the surviving spouse,
unless the marriage is contracted under the regime of absolute separation of assets.
374. Consolidation of inventories.— (1) It shall be lawful to consolidate
inventories in order to partition assets comprised in different inheritances:-
(a) when the persons among whom the properties are to be partitioned are the same;
(b) when the inheritances left by both the spouses are to be partitioned.
(2) Where the partition is dependent upon one or more other partitions:-
(i) If the dependence is total because in one of the partitions there are no assets other
than those, which are to be allotted to the deceased in the other, the application for
consolidation shall not be refused.
(ii) If the dependence is partial because there are other assets, the application for
consolidation shall be decided, taking into consideration the interests of the parties and
the smooth course of the proceeding;
(3) Lack of pecuniary or territorial jurisdiction to entertain one of the inventories shall not
be a bar to the grant of an application for consolidation even if, in one of the inventories,
there are heirs under disability.
CHAPTER XXXVI
Head of the family
375. Petition.— (1) Inventory proceeding shall be instituted by presenting a petition. Such
petition may be presented by the interested party in person or through a duly constituted
attorney. Any party or, where a party is subject to orphan’s jurisdiction, the personal