Section 389 in Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
389. Parties under disability.
(1)A party under disability shall be represented in the inventory by his natural guardian. A guardian ad-litem shall be appointed to represent a party under disability only when his natural guardian representative has an adverse interest.(2)A curator ad-litem shall also be appointed to represent a party absent at an unknown place, when the said party does not put in appearance or when no curator has been earlier appointed to look after his interest.(3)When the party under disability can be represented by his parents, no family council shall be appointed and its functions shall be performed by the parents.(4)Where the inventory proceeding are concluded and it is necessary to make a provision for the management of the assets allotted to a person absent at unknown place, the said assets shall be entrusted to the curator ad-litem who has been already appointed, upon his furnishing a security, when deemed necessary. Such curator shall have powers to manage the assets only and has the duty to act as a prudent man and he shall render accounts every year.(5)Where a personal representative is already appointed by a competent court under a special law, such personal representative shall be personal representative for the inventory proceeding. Where such personal representative has an adverse interest to such party, the court shall appoint a guardian ad-litem.(6)Where the disability arises from insanity, the insanity shall be proved by a certificate issued by the Director of any Institute of Psychiatry and Human Behaviour, where the party is an internee of such an Institute. In other cases, the insanity shall be proved by certificate issued by two Psychiatrists or by referring the concerned party to the nearest Institute of Psychiatry and Human Behaviour.
