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Section 400: Objections to the list of assets and other objections

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

(1) Within 30 days from the date the head of the family submits the list of assets, the parties may raise the following objections:—

(a) that all assets have not been listed;

(b) that the head of the family or the donee denies the existence of the assets in his possession;

(c) that the head of the family or the donee denies his duties or obligation to collate;

(d) that the head of the family or the donee disputes that he has received assets which are attributed to have been received by him.

(2) Any party may, at any time after the expiry of 30 days, raise objection that all the assets have not been listed, provided such party satisfies the Court that he acquired knowledge of the existence of the properties only within the last 30 days before the presentation of the objection. But failure to raise such objection shall not deprive the party from seeking additional partition as provided in section

(3) Where an objection has been raised that all assets and liabilities have not been listed, notice of the objection shall be given to the head of the family or the donee and they shall be called upon to list out the assets or liabilities left out or to give their say.

(4) Where the head of the family or donee who has been served with notice of the objections admits the existence of the assets or liabilities and acknowledges that they belong to the inheritance but requires time to list them, he may apply for time for the said purpose.

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(5) Where the head of the family or the donee denies the existence of the assets or liabilities or declares that they do not belong to the inheritance, the court shall hold a summary inquiry as deemed necessary and decide whether the assets or liabilities should be listed.

(6) Where the dispute cannot be decided summarily and it is necessary to hold a detailed inquiry, the parties shall be directed to file a suit, if they so desire, in respect of the disputed asset or liability and the inventory shall proceed in the respect of the remaining assets and liabilities.

(7) Where the head of the family or the donee fails to give his reply on the date fixed therefor, it shall be presumed that he admits the existence of the assets or liabilities and the duty to list them.

(8) (a) Where the head of the family or the conferee denies the existence of the assets in his possession or the duty to describe them or to collate or he dispute as to the assets which have been received by him, the disputes shall be decided summarily by the court.

(b) The provisions of sub-section (6) shall be applicable to this sub-section.

(c) Where the dispute cannot be decided in the inventory proceeding, the head of the family or the corresponding to the value of the disputed assets.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section400
Marginal noteObjections to the list of assets and other objections
JurisdictionState of Goa
StatusIn force as published by the source

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