Section 430 in Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
430. Licitation defined.
(1)Licitation is a family auction in which only heirs and the moiety holder spouse of the estate leaver, or of the deceased heir are allowed to participate, except in cases where, in terms of the preceding section, the donee or the legatee should also be allowed to make a bid. Such of the properties of the inheritance which are not necessarily to be allotted to any particular party, only may be put to licitation.(2)The constituted attorney of a person entitled to participate in the licitation may bid on his behalf provided specific powers for such purpose have been conferred on him by the power of attorney. The power of attorney or a true copy thereof duly certified by a notary public shall be placed on record.(3)Each item as described in the final list shall be put to bid individually, unless all parties agree to form lots for that purpose, or where there are some properties which cannot be separated without inconvenience. Different parties, may, by agreement, offer a bid over the same item or lot so that may be allotted to them in common. Such a bid shall be deemed to be one indivisible bid and the parties shall be jointly and severally liable to pay or deposit the entire bid amount.(4)Once the parties have struck down an asset in the licitation, they cannot resile from it.(5)Immediately after the licitations are over, the parties who have struck down assets are entitled to request the court to hand over the possession of the respective assets to them subject to the homologation of the Partition decision passed in appeal, if any.(6)Licitation is not a sale in law but a mere partition of the assets of an inheritance. Each heir shall be deemed to be the sole successor of the assets allotted to him from the date of the opening of the inheritance.
