Section 436 in Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
436. Procedure for filling up the shares of the parties.
- The procedure hereunder shall be followed for the purpose of filling up of the shares of the parties in the inheritance:-(a)Gifted assets or assets struck down in the licitation shall be allotted to the respective donee or bidder.(b)Assets of the same kind and nature as the properties gifted or struck down in the licitation shall be allotted to the parties who do not collate or to the parties who are not the highest bidders.(c)When it is not possible to satisfy the co-heirs with assets of the same kind and nature, where the gifted assets are immovable, the said co-heirs shall be entitled to be identified in money and, if there are no fund in the inheritance, as many assets as may be necessary to secure the sum due, shall be sold in public auction.(d)However, if the gifted assets are movables, the co-heirs shall be entitled to be satisfied with other movables of the inheritance according to their value.(e)The same principle shall be followed if some heirs have received legacies, to compensate the co-heirs who have not received legacies.(f)The remaining assets shall be distributed by drawing lots amongst the parties, after forming equal lots.(g)Debts due to the inheritance which are disputed, debts which are not sufficiently proved, and assets which have no value shall be distributed proportionately amongst the parties. Debts due by the inheritance which have been approved by all the parties, shall be allotted proportionately, unless a different mode of payment is agreed upon.
