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Section 373: Jurisdiction

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

(1)The court having jurisdiction over the place where the succession opens is competent to entertain inventory proceeding for—

(a) partition;

(b) declaration of a person as heir or representative of the deceased.

(2) The place of the opening of the succession shall be determined as follows:—

(i) If the deceased had a permanent residence in the State of Goa, the succession opens at the place of his permanent residence;

(ii) If the deceased did not have a permanent residence in Goa, the succession opens where his immovable properties are situated in Goa. If his immovable properties are 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.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section373
Marginal noteJurisdiction
JurisdictionState of Goa
StatusIn force as published by the source

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