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State of Goa - Section

Section 82 in Goa Succession, Special Notaries and Inventory Proceeding Act, 2012

82. Preferential right of habitation and use of surviving spouse.

(1)The surviving spouse of the estate leaver shall have the right to exclusive habitation of the residential house of the family and the right to use the movables and other objects or utensils intended for the comfort, service and decoration of the house. If such claim is made, the value of the right to habitation and use shall be determined and the surviving spouse shall pay owelty to the heirs if the value of right of habitation and use exceeds the value of her moiety and share, if any.
(2)The person having right to habitation and use is bound to use the property as a prudent man would use.
(3)If the surviving spouse fails to inhabit the house for a period of one year, the right shall cease.
(4)At the request of the owner of the house, the court may, if it deems just to do so, require the surviving spouse to give such security as found necessary.