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Section 1: Short title, extent, commencement and application

The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012State Act of Goa · Act 23 of 2016

(1) This Act may be called the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

(2) It shall extend to the whole of the State of Goa.

(3) It shall come into force on the 90th day from the date of its publication in the Official Gazette.

(4) It shall be applicable to,—

(a) all persons who, prior to the 20th day of December, 1961, were governed by the provisions of the Civil Code of 1867 as in force in erstwhile Portuguese regime over Goa and which continued in force by virtue of sub-section (1) of section 5 of the Goa, Daman and Diu (Administration) Act, 1962 (1 of 1962), as adapted by the Military Governor of Goa, Daman and Diu vide Order No. 175/2/MG dated 31st May, 1962;

(b) any person born in Goa of parents who are governed by the provisions of the Civil Code of 1867 which is at present in force in Goa and which was in force prior to the 20th day of December, 1961;

(c) any person born outside the State of Goa of parents who were or are governed by the provisions of the said Civil Code of 1867, unless such person declares that he does not desire to be governed by the provisions of this Act at any time before the expiry of three years from the date he attains majority or before the expiry of three years from the date he comes from outside the State of Goa, before the Special Notary having office in the sub-district where such person resides;

(d) any person born in Goa of parents who are governed by the provisions of the corresponding laws in force in the rest of India provided that he chooses permanent residence in the State of Goa and he declares before the expiry of three years from the date he attains majority that he desires to be governed by this Act before the Special Notary having office in the sub-district where such person resides;

(e) any person born in Goa of parents who are foreign citizens provided such person satisfies the requirements of sections 3 and 4 of the Citizenship Act, 1955 (Central Act 57 of 1955);

(f) any person born in Goa of unknown parents or of unknown nationality;

(g) any person adopted by parents who are governed by the provisions of the Civil Code of 1867 as in force in Goa or by parents to whom this Act is applicable:

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Provided that such a person shall not be deemed to have taken up permanent residence in Goa,—

(i) merely by reason his residing there on account of his being appointed in the Civil, Military, Naval, Air Force service of the Government of India;

(ii) merely on account of he being appointed by the Government of a foreign country as its representative and residing as such in Goa in pursuance of such appointment nor shall any other person residing with such representative as part of his family or as servant.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section1
Marginal noteShort title, extent, commencement and application
JurisdictionState of Goa
StatusIn force as published by the source

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