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Section 379: Rights and Duties of the Head of the family

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

(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.

(c) The head of the family shall be bound to defend and protect the estate.

(d) The head of the family shall take such legal steps as may be necessary to recover debts payable to the inheritance when they are likely to become time barred, and in case the head of the family files a suit for recovery of a debt, any of the co-heirs may apply to the court that he be made a party to the proceeding.

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(e) The creditors of the inheritance may sue the head of the family to secure a preventive relief. But, in a matter relating to title to the properties or to recovery of debts, he shall not be so sued without impleading all the co-heirs.

(f) The head of the family is entitled to be reimbursed for the expenses incurred by him on account of the estate, with interest thereon; but he shall not be liable to pay interest in respect of the amount received by him on account of the estate, except from the time he is in default.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section379
Marginal noteRights and Duties of the Head of the family
JurisdictionState of Goa
StatusIn force as published by the source

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