(1) On and from the date of coming into force of this Act, all provisions of the laws in force at present corresponding to any of the provisions of this Act shall stand repealed.
(2) Notwithstanding such repeal,—
(a) anything duly done or suffered or any right, privilege, obligation or liability acquired, accrued or incurred or any penalty, forfeiture or punishment incurred under any law so repealed shall be deemed to have been done, suffered, acquired, accrued or incurred, as the case may be, under the corresponding provisions of this Act;
(b) any fee, duty, charges, fine, etc. payable under any law so repealed or any books, forms, etc. in use of under any law so repealed shall, to the extent permissible and expedient, continue to be payable or used, as the case may be, till new fees, duties, charges, fines, books, forms, etc. are prescribed or fixed, as the case may be, under the provisions of this Act.
(3) All proceedings pending under the repealed laws before any court in the State of Goa, as on the date of the coming into force of this Act, shall be continued in terms of the procedure provided in this Act.
Secretariat, SUDHIR MAHAJAN, Porvorim-Goa. Secretary to the Dated: 22-09-2016. Government of Goa, Law Department (Legal Affairs).
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1. Inserted vide Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8-11-2022.
2. Sub-section (1) substituted vide Amendment Act 13 of 2022 original sub-section read as follows:- “(1) Renunciation of an inheritance shall be made before the Court or before the Special Notary having jurisdiction over the place where the succession opens.”; Amendment came in to force w.e.f. 8-11-2022..
3. Sub-section 4-A inserted vide Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8-11-2022.
4. Sub-section (1) substituted vide Amendment Act 35 of 2023. Original sub-section read as follows:- (1) The legal succession shall devolve in the following order:—
(i) on the descendants;
4[(ia) on the surviving spouse;]
(ii) on the ascendants, subject to the provisions of sub-section (2) of section 72;
4[(iii) on the brothers and sisters and their descendents;]
4 [(iv) on the surviving spouse;]
(v) on the collaterals not comprised in clause
(iii) upto the 6th degree;
(vi) on the State, provided that, in the absence of testamentary or intestate heir of a beneficial owner or of an emphyteusis, the property shall revert to the direct owner.
5. Substituted in place of expression “clauses (i), (ii) and (iii) of sub-section (1) “ vide Amendment Act 35 of 2023.
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6. Substituted in place of expression “ Where a person dies without descendants, his father and mother shall succeed to him “ vide Amendment Act 35 0f 2023
7. Sub-section (3) substituted vide Amendment Act 35 of 2023. Oriinal sub-section read as follows:- (3) Where the parents have acknowledged that they are the parents of a child during the lifetime of the child, and the child dies without issue, the inheritance shall devolve upon his parents or one of them, as the case may be; where, in the circumstances mentioned above, such child dies without issue but leaving a surviving spouse, the surviving spouse shall have the right to usufruct of half of the inheritance.
8. Section 76 substituted vide Amendment Act 35 of 2023. Said section read as under :- 76. Succession of brothers, sisters and their descendants.— In default of descendants and ascendants and where the estate leaver has not disposed off his assets, his brothers, sisters and, in a representative capacity, their descendants, shall inherit the assets. However, the surviving spouse shall be the usufructuary of the estate of the deceased spouse irrespective of their matrimonial regime, if at the time of the death of the latter they were not divorced or there was no judicial separation by a decision that had become final.
9. Substituted in place of expression “ In default of descendants, ascendants, brothers, sisters and their descendants, the surviving spouse shall succeed,” vide Amendment Act 35 of 2023.
10. Section 83 substituted vide Amendment Act 35 of 2023. Original section read as follows:- 83. Disposable portion.— The portion which the testator may freely dispose off shall be called the disposable portion and it shall consist of half of the estate of the estate leaver, except as provided hereunder:—
(a) Legitime of the parents: Where the estate leaver has no children or descendants at the time of his death but either his mother or father is alive, the legitime of the surviving parents shall consist of half of the inheritance.
(b) Legitime of other ascendants: Where the estate leaver has at the time of his death ascendants other than the father or mother,theirlegitime shall consist of one third of the inheritance.
11. Inserted vide Amendment Act 13 of 2022 . Amendment came in to force w.e.f. 8-11-2022..
12. The expression “ District Judge of the respective district court or an additional district judge nominated by him, as the case may be” is substituted by the vide Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8-11-2022
13. The expression “ District Judge of the respective district court or an additional district judge nominated by him, as the case may be” is substituted by the vide Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8-11-2022
14. Inserted vide Amendment Act 19 of 2024.
15. The expression within 3 days is substituted by the Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8-11- 2022
16. The expression “ The power of attorney executed abroad shall be counter-signed by the Indian Diplomatic Agent or the Consular services and shall be duly stamped by the competent Collector in Goa”substituted by the Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8-11-2022
17. Expression omitted vide Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8-11-2022
18. The expression in “District Judge” is substituted by the Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8- 11-2022
19. Inserted vide Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8-11-2022
20. Section 338,339 and 340 omitted vide 13 of 2022. Amendment came in to force w.e.f. 8-11-2022
21. Section substituted vide amendment Act 19 of 2024
22. The expression omitted by the Amendment Act 13 of 2022, Amendment came in to force w.e.f. 8-11-2022
23. Sub section 4A inserted vide Amendment Act 13 of 2022, Amendment came in to force w.e.f. 8-11-2022
24. Section 346-A inserted vide Amendment Act 13 of 2022. Amendment came in to force w.e.f. 8-11-2022
25. Substituted vide Amendment Act 19 of 2024
26. Substituted vide Amendment Act 19 of 2024
PART I
CHAPTER VI Legal Succession
CHAPTER VII Right of representation
CHAPTER VIII Order of Succession Succession of Descendants/Ascendants Succession of Ascendants Succession of Ascendants of the Second Degree Successsion of Brothers, Sisters and their Descendants Succession of Surviving Spouse and of the Collaterals Succession of the State
CHAPTER IX Preferential, Right of the Spouse
CHAPTER X Mandatory Succession, Collation and Reduction Rules Relating to Collation
CHAPTER XII Wills Types of Wills
CHAPTER XIII Management of the inheritance head of the family Executor
CHAPTER XIV Partition
CHAPTER XV Supplemental Provisions Usufruct
PART III SPECIAL NOTARIES
CHAPTER XVII Functions of the Special Notary
CHAPTER XVIII Books, Indices and Fire Proof Boxes
CHAPTER XIX Powers of the District Special Notary and Special Notary
CHAPTER XX Authentic Instrument in General
CHAPTER XXI Public open will
CHAPTER XXII Printed open will
CHAPTER XXIII Closed Will
CHAPTER XXIV Opening of the closed will
CHAPTER XXV Registration of the closed will after opening
CHAPTER XXVI Instrument of Declaration of Heirship
CHAPTER XXVII Void Notarial Acts
CHAPTER XXVIII Validation of Notarial Acts
CHAPTER XXIX Civil liability of the Special Notary
CHAPTER XXX Certified copies
CHAPTER XXXI Fees
CHAPTER XXXII Penalties
362. Penalties for making false statements, delivering false copies or translations, false personation and abetment.— Whoever,–
CHAPTER XXXIII Miscellaneous
PART IV INVENTORYPROCEEDING
CHAPTER XXXVI Head of the family
CHAPTER XXXVII Hearings
CHAPTER XXXVIII Initial list of assets
CHAPTER XXXIX Liabilities of the inheritance
CHAPTER XL Final list, conference of the parties and payment of debts
CHAPTER XLI Licitation
CHAPTER XLII Second Valuation
CHAPTER XLIII Chart of partition
441. Second and third chart of partition.—
CHAPTER XLIV Confirmation of partition
CHAPTER XLV Amendment and rescission of partition
448. Rescission of partition.—
CHAPTER XLVI Appeals
CHAPTER XLVII Preventive measures
CHAPTER XLVIII Miscellaneous