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Section 435: Scheme of partition

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

(1) Upon completion of valuation of assets and licitation, if any, the heirs, head of the family, and the moiety holders shall submit to the court a scheme of ---86--- partition within 30 days and the court shall thereafter make an order thereon showing the mode of partition. In the said order, the court shall decide all questions including questions which have not been decided till then and which have to be necessarily decided for drawing the chart of partition.

(2) The court may, in exceptional cases, direct the parties to lead such evidence as may be necessary to effect the partition but, if there are questions which require a detailed inquiry, the court shall direct the parties to file a Civil Suit, if they so desire. Questions which are required to be decided in the normal course of the inventory proceeding shall not be left to be decided at the time of passing the order on how the partition should be effected.

(3) No appeal shall lie from the order deciding on the mode of partition. However, such order may be challenged in the appeal, if any, preferred against the final order confirming the partition.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section435
Marginal noteScheme of partition
JurisdictionState of Goa
StatusIn force as published by the source

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