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

(3) Where the head of the family makes a reference to any document in his declaration,
he shall, whenever possible, give particulars in respect of date of the original document,
place where drawn or registered and the number of registration with book number and
page.
(4) The declaration of the head of the family may be made by affidavit, copies of which
shall be supplied to all the interested parties and may be accompanied by a list of assets
and by documents.
377. Inquiry for appointment of head of the family.— Where the court is satisfied
upon a perusal of the declaration the person appointed as head of the family that the office
belongs to another person, the court shall, upon inquiry, if necessary, appoint such other
person as the head of the family.
378. Evidentiary value of the declaration of the head of the family.— (1) The
declarations of the head of the family, given both initially and subsequently, are presumed
to be true until the contrary is proved, unless they are made in his own interest or they are in
respect of facts which are required by the law to be proved in a particular manner or which
require the agreement of all or of the majority of the parties.
(2) The function of the head of the family shall not be performed through a constituted
attorney, unless there is no other interested party available in the country for such
appointment, or if all the parties or their representatives consent to such appointment.
(3) Where the functions of head of the family are performed by a constituted attorney,
such functions, including statement made, shall bind the principal and he shall be held
liable for all legal consequences as if such acts of commission or omission were performed
by him.
379. Rights and Duties of the Head of the family.— (a) The head of the family, as
manager of the estate, shall receive all income and profits of the assets in his possession
and shall meet the normal liabilities of the inheritance and shall every year render accounts
to the court, in the miscellaneous proceeding., in case the usufruct of the assets does not
belong to him.
The head of the family is bound to render accounts from the date he takes charge of the
assets of the inheritance and to deposit the balance amount in a Nationalized Bank, after
the amount required to meet the expenses for management of the assets is deducted. Any
sum handed over to the heirs under section 252 shall be included in the expenses.
(b) The head of the family shall not alienate any of the assets of the inheritance except
fruits and other perishable articles. However, the head of the family may create a lease
of a temporary nature which shall come to an end upon the conclusion of the inventory
proceeding.