Section 433 in Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
433. Inofficious legacy.
(1)Where the legacy is inofficious, the legatee shall return the excess in specie. Such excess may be subject to licitation in which the legatee shall not be allowed to participate.(2)Where the bequeathed thing by its nature or without detriment, cannot be divided, the following shall be observed:-(i)The return shall be made in cash, when the inofficious part is smaller than the other part, and in such a case any party may apply for the second valuation of the bequeathed thing,(ii)The return shall be done in specie if the inofficious part is equal or larger than the other part, and in such case the legatee may apply for the bequeathed thing be put to licitation.The provisions of clause (c) of sub-section (3) of section 427 shall be applicable to the legatee also.
