4[(1) The legal succession shall devolve in the following order:-
(i) on the descendants;
(ii) on the surviving spouse;
(iii) on the ascendants, subject to the provisions of sub-section (2) of section 72;
(iv) on the brothers and sisters and their descendants;
(v) on the collaterals not comprised in clause (iv) 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.
Explanation.— The provisions of this sub-section as amended by the Goa Succession, Special Notaries and Inventory Proceeding (Amendment) Act, 2023 shall be applicable to the cases/appeals pending before different courts, however the said amendment shall not disturb the rights which got crystallized before the enactment of the said Act, 2023]
(2) In respect of persons referred to in 5[clauses (i), (iii) and (iv) of sub-section (1),] the agricultural produce or fruits, gathered or growing, meant and necessary for the maintenance of the couple shall be deemed to be the personal property of the surviving spouse, provided that on the date of the opening of the inheritance there is no suit for divorce or separation of persons and properties, pending or decreed.