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Section 394: Challenge to the maintainability of the proceeding and other objections

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

(1) Any of the parties may on the date of hearing but within 30 days from the receipt of the summon,–

(i) challenge the maintainability of the inventory proceeding;

(ii) contend that any of the parties to the inventory is under disability;

(iii) dispute their own locus standi or the locus standi of any other party who has been served with summon, unless they have been served with the summon as creditors;

(iv) challenge the competence of the head of family to hold such office;

(v) apply that the partition should be restricted to certain assets on the ground that the remaining assets have been legally partitioned only.

(2) The application and the objections shall also state what evidence is proposed to be led.

The Court shall, after such evidence is led and upon hearing the parties, decide the dispute.

(3) Where the challenge or dispute is raised before the service of summons on all the heirs, no order shall be passed thereon without completion of the said service.

(4) When the competence of the head of the family appointed during the proceeding, is challenged, the provisions of this section shall be applicable.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section394
Marginal noteChallenge to the maintainability of the proceeding and other objections
JurisdictionState of Goa
StatusIn force as published by the source

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