Section 294 in Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
294. Divisibility of the emphyteusis.
(1)The property granted in emphyteusis is not divisible into plots, unless the owner of the direct domain consents to it.(2)The partition of its value amongst the heirs is done by estimation, and the emphyteusis shall be allotted to one of them in accordance with their agreement.(3)Where there is no agreement, the emphyteusis shall be put to licitation.(4)Where none of the heirs is willing to accept the allotment of the emphyteusis, the property shall be sold and the proceeds shall be divided amongst the heirs.(5)If the owner of the direct domain consents to the division into plots, each plot shall be a separate emphyteusis and the owner of the direct domain may demand the respective emphyteutic fee of each of the beneficial owners according to the allotment done.(6)The division and the allotment shall not be valid unless done by a registered document wherein the owner of the direct domain gives his consent. In this event, the emphyteutic fee payable by each heir may be increased on account of the trouble that the owner of the direct domain has to take to collect the divided emphyteutic fee.(7)Where the emphyteusis is divided without the written consent of the owner of the direct domain, each of the plots shall be liable for the entire emphyteutic fee.
