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Section 185: Deemed fidei-commissum

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

(1) (a) Dispositions made subject to a condition prohibiting alienation inter vivos and (b) dispositions which appoint a third person to take what is left from the inheritance or the legacy, on the death of the heir or of the legatee, are deemed to be fidei-commissum and as such valid upto one degree.

(2) In cases covered by clause (b) of sub-section (1), the fiduciary shall be entitled to alienate only when he does not have any properties of his own, apart from his residential house, and upon obtaining written consent of the fidei-commissarius for the purpose or upon his consent being dispensed with by an order of the court.

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Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section185
Marginal noteDeemed fidei-commissum
JurisdictionState of Goa
StatusIn force as published by the source

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