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Section 387: Prosecution of inventory

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

(1) Where the court is satisfied upon perusal of the declaration of the head of the family that there is no ground for the inventory to proceed, the court shall drop the proceedings after hearing the head of the family.

(2) Where the court is satisfied that the inventory is maintainable, it shall fix a date for the submission of the list of assets and for production of such documents, which the head of the family was unable to produce earlier notice of which shall be given to the head of the family.

(3) The court shall order that first summon or original process be served on the moiety holder of the estate leaver, on the heirs, on their spouses, unless they are married under the regime of absolute separation of assets, on the legatees and the creditors. Summon is not required to be served on the head of the family, notwithstanding that he is an heir or representative of an heir.

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(4) Notice shall be issued to the donee, whether he is bound to collate or not, to appear on the date fixed for taking oath that he will discharge his duties as special head of the family in respect of the assets which have been gifted to him.

(5) Failure to serve the first summon on the heirs, or on their spouses, or the moiety holder shall render all proceeding subsequent to the initial petition null and void. The application for annulling the proceeding may be filed in the inventory court at any stage of the nullity is discovered.

(6) Where a mandatory inventory has been instituted on the ground that a party is absent, if the court is satisfied, upon perusal of the declaration of the head of the family and after hearing the applicant, or on the basis of official information, that the party is at a specific place within the country, or in a foreign country, such proceeding shall be dropped.

(7) Where the head of the family declares, or record discloses, that there are unknown legatees and creditors, they shall be served by substituted service by affixing the summon in some conspicuous place in the court house.

(8) The first summon shall bring to the notice of the parties the next date of hearing, on or before which, they may file objections, if any, and such summon shall be accompanied by a copy of the declaration of head of the family of list of assets, if any, submitted by the head of the family.

(9) When any of the interested parties is under disability, the court shall appoint a personal representative for him before ordering the issuance of first summon.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section387
Marginal noteProsecution of inventory
JurisdictionState of Goa
StatusIn force as published by the source

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