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Section 421: Resolution on mode of payment of debts

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

(1) Notwithstanding that the creditors do not demand the payment of the debts which have fallen due and are approved, the parties may resolve on the mode of payment, either by setting apart money or properties for the said purpose entrusting the payment to one or some of them, or deciding that the debt shall be shared by them in proportion to the assets allotted to them.

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(2) The parties may also resolve on the mode of payment of the debts which have been approved but have not yet fallen due.

(3) The resolution, which entrusts the payment to one or some of the parties, binds the creditors but where the creditors do not get fully paid with the properties handed over to the party or parties entrusted with the payment, the creditors may attach the properties adjudicated to the other interested parties.

(4) Where the debts have been approved by some of the parties only acting for themselves, by the family council or by the parents of the minors, only they can resolve on the mode of payment.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section421
Marginal noteResolution on mode of payment of debts
JurisdictionState of Goa
StatusIn force as published by the source

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