bill as introduced - Goavidhansabha.gov.in - Welcome to Goa ...
bill as introduced - Goavidhansabha.gov.in - Welcome to Goa ...
bill as introduced - Goavidhansabha.gov.in - Welcome to Goa ...
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
(2) A space of about 5 cms. shall be kept between the items.<br />
(3) Separate lists shall be prepared of the <strong>as</strong>sets, which are <strong>to</strong> be valued by different<br />
persons and by different methods.<br />
(4) Every page of the list shall be <strong>in</strong>itialed and the l<strong>as</strong>t page shall be signed by the head<br />
of the family or when he does not know or cannot write, he shall affix his thumb impressions<br />
on all pages.<br />
(5) The <strong>as</strong>sets shall be listed by giv<strong>in</strong>g all the necessary particulars for their proper<br />
identification. Immovable properties shall be identified by their land registration details,<br />
description and <strong>in</strong>scription details of source of title there<strong>to</strong>, land revenue (Matriz) number,<br />
survey number, their location and area. All the shares and securities of the same type with<br />
their respective numbers shall be clubbed <strong>to</strong>gether <strong>in</strong> one item except those which have<br />
been issued by different entities.<br />
(6) Movables of the same type for which the same value ought <strong>to</strong> be given, tak<strong>in</strong>g <strong>in</strong><strong>to</strong><br />
account their material utility and condition, shall also be <strong>in</strong>cluded <strong>in</strong> one item.<br />
(7) Improvements made by the <strong>in</strong>heritance <strong>in</strong> properties belong<strong>in</strong>g <strong>to</strong> a third party shall<br />
be described <strong>in</strong> k<strong>in</strong>d when they can be separated from the properties <strong>in</strong> which they were<br />
made and if they cannot be so separated, they shall be listed <strong>as</strong> debts due <strong>to</strong> the<br />
<strong>in</strong>heritance.<br />
(8) Improvements made by third parties <strong>in</strong> the property of the <strong>in</strong>heritance shall be<br />
described <strong>as</strong> debts due by the <strong>in</strong>heritance, when they cannot be removed by the person<br />
who made such improvement.<br />
(9) The Head of the family besides list<strong>in</strong>g the <strong>as</strong>sets referred <strong>to</strong> <strong>in</strong> proceed<strong>in</strong>g subsections,<br />
shall also state their estimated value.<br />
400. Objections <strong>to</strong> the list of <strong>as</strong>sets and other objections.— (1) With<strong>in</strong> 30 days<br />
from the date the head of the family submits the list of <strong>as</strong>sets, the parties may raise the<br />
follow<strong>in</strong>g objections:-<br />
(a) that all <strong>as</strong>sets have not been listed;<br />
(b) that the head of the family or the donee denies the existence of the <strong>as</strong>sets <strong>in</strong> his<br />
possession;<br />
(c) that the head of the family or the donee denies his duties or obligation <strong>to</strong> collate;<br />
(d) that the head of the family or the donee disputes that he h<strong>as</strong> received <strong>as</strong>sets which<br />
are attributed <strong>to</strong> have been received by him.<br />
(2) Any party may, at any time after the expiry of 30 days, raise objection that all the<br />
<strong>as</strong>sets have not been listed, provided such party satisfies the Court that he acquired<br />
knowledge of the existence of the properties only with<strong>in</strong> the l<strong>as</strong>t 30 days before the<br />
presentation of the objection. But failure <strong>to</strong> raise such objection shall not deprive the party<br />
from seek<strong>in</strong>g additional partition <strong>as</strong> provided <strong>in</strong> section 371.