Section 406 in Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
406. Redemption of certain encumbrances in rem.
(1)Where immovable properties of the inheritance are mortgaged, or are charged with redeemable installments, any of the co-heirs may, if there are funds available in the inheritance, demands that the said liabilities be satisfied before the partition.(2)Where immovable assets are listed for partition along-with the said encumbrances, or any other charges, the assets shall be valued as if there were no encumbrances; thereafter the amount corresponding to the encumbrances shall be deducted and the heir, to whom the immovable property is allotted, shall pay the said encumbrances exclusively.(3)The co-heir who has paid a common mortgage debt or part thereof in excess of his share, shall by reason of the failure to deduct the encumbrance of mortgage, have only the right to recover from other co-heirs such part thereof as they are liable to pay, in proportion to their shares in the inheritance, even if the co-heir, who had paid it, gets subrogated in the rights of the creditor.
