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Section 449: Settlement of share of the heir left out in the inventory

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

(1) Where the heir left out wishes to have his share paid in cash, he may apply in the inventory that a conference of the parties be convened to work out the value of his share.

(2) Where the parties do not reach an agreement, the assets in respect of which there is a difference in value shall be valued again and the parties may apply for a second valuation and, thereafter, the amount to which such heir is entitled, shall be fixed by the court.

(3) A fresh chart of partition shall be made so that the changes resulting from the payments necessary to make up the share of the heir who was left out, are known. No sooner the share is settled, such heir may apply that the debtors be notified to effect the payment, failing which they will be bound to make good his share by way of the assets, without prejudice, however, to the alienations already made. If the demand is not made, and the amount due is not deposited by the respective parties, the money due shall earn interest @ 6% p.a. from the date of the order.

Where this provision sits

ActThe Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
Section449
Marginal noteSettlement of share of the heir left out in the inventory
JurisdictionState of Goa
StatusIn force as published by the source

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