Preamble

SECTION I DECLARATIONS OF THE ADMINISTRATOR SUMMONS TO THE INTERESTED PARTIES, OBJECTIONS

Article 1369 - Petition for inventory. Declarations of administrator - The proceedings of

inventory shall be admitted only on the basis of the respective death certificate and upon the application of any party, or of the Public Prosecutor where there is a party subject to orphan’s jurisdiction. The administrator shall be notified to take the oath of office that he shall discharge his duties diligently and faithfully and that he shall make the declarations as required by Article 2072 of the Civil Code, he shall also declare who are the persons who according to the law constitute the family council in case the inventory is subject to orphan’s jurisdiction, whether there are values to be brought under collation and the name of persons who are to bring them, whether there are donees who are not to bring the values under collation, legatees and creditors and as to who they are. § 1: Where the death is not registered, the respective certificate shall be substituted in terms and by means of evidence admissible under the Code of Civil Registration. § 2: The word party includes heir, moiety partner of the deceased and the persons benefited with usufruct of part of the inheritance, without specification of value or of object. § 3: At the time of declarations, the administrator shall annex the documents referred to in Clauses 3 and 4 of Article 2072 of the Civil Code and others which may be relevant to the case.

§ 4: In order to appoint the administrator, the judge may make enquiry that he deems fit, and where, from the declarations of the person appointed, he is satisfied that the office devolves on any other person, the competent person shall be appointed. Corresponds to Sections 375 and 376 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Articles 1369-1447 - Inventory Proceedings oNow covered by the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1370 - Credit worthiness of the declarations of the administrator - The declarations of the administrator, the initial and the subsequent as well are, deemed to be true until the contrary is proved, save when they are made in his own interest, or they relate to facts for which the law requires certain manner of proof or the agreement of all or of majority of the parties. Corresponds to Section 378 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1371 - Summons to the parties - The proceedings shall be dropped when from the

declarations of the administrator it is found that there is no basis for the inventory. Otherwise, time shall be fixed for the submission of the list of properties and of the documents which the administrator could not produce immediately and summons for the purpose of inventory shall be issued to the Public Prosecutor, to the heirs, to their spouses, except when the marriage was under the regime of absolute separation of properties, and to the legatees and creditors, there being, however, no need to issue summons to the administrator even though he is an heir or representative of the heir. Notice shall be issued to the donees, irrespective of whether they are bound by collation or not, to appear on the day fixed to take the oath of office that they will discharge their duties as administrator in relation to the properties which have been gifted to them. All such directions shall be recorded in the act of the declarations of the administrator, wherever possible. § 1: The lack of service of summons to the heirs, to their spouses and to the Public Prosecutor, is subject to the regime of the lack of service of summons to a defendant. § 2: In case the heirs are to be summoned by publication or by letter to be remitted to the colonies or to foreign countries, the proceedings of inventory are not stayed pending the expiry of the period of notice fixed in the summons. § 3: Where the inventory has been applied on the ground of absence, the proceedings shall be

dropped if from the declarations of administrator and after hearing the applicant, or from the official information the judge is satisfied that the absence is at specific place, even if it is in a foreign country or in the colonies. § 4: The unknown legatees and creditors and those residing outside the jurisdiction of the court shall be summoned by substituted service. Corresponds to Section 387(1) & (2) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1372 - Exparte hearing. Which notices are to be served on those who are exparte and those who are not exparte - After the summonses have been served, the heirs or the moiety partner of the deceased, who are residing outside the seat of the court and do not appoint agent or do not choose domicile within the same seat and the legatees and creditors who are residing outside the jurisdiction of the court and do not appoint agent or do not choose domicile within the seat of the said court, shall be treated as exparte. The heirs and the moiety partner, who are not treated exparte shall be notified of the final judgment and of the parties, meetings of the family council, licitations, sortitions, of the order directing the examination of the chart of partitions and of the order directing payment of tax on conveyance. To those who are treated exparte no notice will be served in case they are residing outside the jurisdiction of the court; in case they reside within the jurisdiction they shall be notified of the final judgment, of the order directing payment of tax on conveyance and of the order fixing date for licitations and for the conference or meeting of the family council meant for approval of the debts and mode of their payment. The legatees who are not treated exparte, shall be notified of the final judgment and of the order fixing the day for the conference or for the family council meant for approval of the debts and mode of their payment, when the entire inheritance is divided into legacies or when as result of the approval of the debts there is reduction of legacies, the creditors who are not treated exparte shall be notified of the order which considers their credits and of the order which fixes the date for the conference for the family council meant for the approval of the debts. To the legatees and creditors who are treated exparte no notice of any kind will be issued. Corresponds to Section 388 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1373 - Representation of the person under disability or of the absentee - The party under disability shall be represented in the inventory by its legal representative, and only when

the latter competes with it for the partition, a curator shall be appointed who will represent the party in all the acts. When the absentee at unknown place does not put in an appearance nor a curator has been appointed to take care of his estate shall also be represented by a curator. § 1: Where the person under disability can be represented by his parents, the family council shall not take part and the functions of the council shall be performed by the parents. § 2: After the proceedings are over, where the properties adjudicated to the absentee require administration, the same shall be entrusted to the curator already appointed, upon taking security, when deemed fit. The curator shall have, in relation to the said properties, powers and duties of provisional curator, and his administration shall come to an end, as soon as definitive curator is appointed. Corresponds to Section 389 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1374 – Objections - The Public Prosecutor and any of the parties may, within ten days from the service of the summons, object to the inventory, contest his own competency or of other persons summoned, except when they have been summoned as creditors, and the competency of the administrator. After the objection or the contest has been raised notice will be immediately issued to the party complained against and to the other parties. Alongwith the application or reply, it will be stated what evidence will be led, and after strictly necessary evidence is led, the question shall be immediately decided. § 1: It is lawful to raise partial objection to the inventory so as to confine the description and partition to certain properties, because the remaining have been legally partitioned. § 2: The objection to the inventory or the contest to the competency may be raised by the administrator within ten days from the order directing the service by summons. § 3: Where the objection or the contest is raised before the service of summons on all the heirs residing in the continent or in the island where the inventory is proceeding, no decision will be passed thereon without completion of the said service of summons and without giving notice to such heirs. On behalf of the heirs residing in the foreign countries or colonies, the Public Prosecutor shall be heard. § 4: The provision of this Article is equally applicable to the contest about competency of the

administrator appointed during the pendency of the proceedings, and in such case the period of ten days shall be reckoned from the time of service of notice about the appointment or from the time it is presumed to have reached the knowledge of the contesting party.

Article 1375 - Application to qualify as party, legatee or creditor - Where anybody desires to

be admitted in the inventory as party, legatee, or creditor, he may file his application at any time, indicating at once the evidence which shall be led. After the notice is given to the administrator and to the parties to give their say, in the rest what is laid down in the preceding Article shall be observed. Corresponds to Section 395 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1376 - Exercise of the right of pre-emption - Where any of the heirs has made transfer

of his share to a stranger, without giving preference to the co-heirs, the latter may exercise the right of pre-emption in the inventory proceedings, when the transferee makes an application to be brought on record in that capacity. In the event there is more than one heir to exercise the right of pre-emption, the provision of the sole paragraph of Article 1514 shall be observed. Corresponds to Sections 284 and 397 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. SECTION II LIST OF ASSETS, APPOINTMENT OF APPRAISERS APPRAISAL DESCRIPTION Article 1377 - List of assets - The administrator shall submit the list of the properties within the time which may be fixed. The properties shall be listed itemwise with reference to numbers starting with active debts, securities, actionable claims, and then the money, foreign coins, and objects of gold, silver and precious metals and similar, thereafter all the remaining movables, and self moving movables, the immovables and finally the passive debts. In between each item a space of five lines shall be kept open. Separate list shall be made of the properties which are to be appraised by different persons and means.

The lists shall be initialled and signed by the administrator, or by another person at his request, when he does not know and cannot write. § 1: The indication of the properties shall be done with reference to all the particulars necessary for their identification. As to the immovables registered in the Land Registration Office, the serial number of description shall be mentioned. § 2: All the shares and the securities of the same type with their respective numbers, shall be included in one item, except those which have been issued by different entities. Also there shall be one item of movables of the same nature to which on account of their material, utility and their condition ought to be given the same value. § 3: The improvements belonging to the inheritance shall be described in kind when they can be separated from the property where they were introduced, and, if not, as active debts. The improvements made by third party in the property of the inheritance shall be described as passive debt when they cannot be removed by one who made them. Corresponds to Section 399 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1378 - Properties value of which should be indicated by the administrator - Besides describing the properties, the administrator shall indicate their value in following cases: 1. When it is a case of properties registered in the land revenue records; 2. When it is a case of securities, foreign coins, and objects of gold, silver, precious metals and similar; 3. When it is a case of active debts and any actionable claim; 4. When it is a case of commercial or industrial establishment; 5. When it is a case of shares and parts and quotas in company. § 1: In case of clause 1 the value shall be that which arises from assessable income. § 2: In case of clause 3 the administrator shall declare the value when the debts or the right is ascertained; if not, he will mention them as unascertained. § 3: In case of clause 5, if the death of the estate- leaver caused dissolution of the company the value shall be that which results from the liquidation and till the same is not concluded, the parts and quotas in the company shall be described as unascertained; however the values which they had as per quotation or last balance sheet shall be mentioned.

§ 4: What is provided in this Article and the preceding shall equally be applicable to the donee.

Article 1379 - Examination and inspection of the file - Once the lists of the properties have

been submitted or the time limit Within which they should have been submitted has expired, the file shall be made available, for examination, for forty-eight hours, to each of the heirs who have appointed advocate, as per order of their appointment, thereafter to the advocate of the donee and of the administrator, and finally inspection shall be given, for the same period to the Public Prosecutor, when the inventory is of orphan’s jurisdiction. During the period of examination or inspection the advocates and the Public Prosecutor may complain about lack of description of the properties, or give their say in case the administrator or the donee deny the existence of the properties in their possession or the duty to bring them under collation, or raise question as to which properties he received and has obligation to collate. The same thing may be done, by application, till the time of the end of examination, by the heirs and moiety partner who have not appointed advocates. § Sole paragraph: The lack of description of the properties may be raised subsequently at any time; but one who raises it shall satisfy that he got the knowledge of the existence of the properties only on the date he presented the application. There upon the procedure prescribed in the next Article shall be followed. Corresponds to Section 400 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1380 - Steps to be taken when lack of description of properties is complained of -

Where there is complaint about the lack of description of the properties, notice shall be given to the administrator or to the donee to describe the properties or give their say. If one who has been served with the notice, admits the existence of the properties and acknowledges that they belong to the inheritance, but is unable to describe them at once, he may apply that time be granted for the purpose of description. In the event he denies the existence of the properties or declares that they do not belong to the inheritance, the judge shall invite the parties to lead the evidence they desire, hold the enquiry he deems necessary and finally decide whether the properties should be described. Where the dispute cannot be summarily decided in terms above, because there is necessity of a larger investigation, the parties shall be directed to pursue ordinary remedy, and the inventory shall proceed in respect of other properties.

§ Sole paragraph: The failure to file the reply within time, the notice having been served in person, amounts, for all purposes, to an admission of the existence of the properties and of the duty to describe them. Corresponds to Section 400(2), (3), (4), (5), (6) & (8) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1381 - Questions in respect of existence of properties or obligation to collate them - Where the administrator or the donee denies the existence of the properties in his possession or the duty to describe them or- collate them, or raises question as to which properties he received and had to collate, the dispute shall be decided on the strength of the documents produced and of any other evidence led by the parties which may be admissible or the enquiry ex-officio held. For such cases the provision of last sub-paragraph of the body of the preceding Article shall apply. § Sole paragraph: In the event the dispute cannot be decided in the respective inventory, the administrator or the donee shall not receive the properties allotted to them in the partition without furnishing security corresponding to the value of the properties in respect of which there is doubt. Corresponds to Section 400(7) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1382 - Impossibility of description by administrator - Where the administrator declares that he is unable to describe some properties belonging to the inheritance, because they are found in the possession of a certain co-heir, the latter shall be given notice to describe them within the time which may be fixed. After the notice is served, what is provided in Article 1380 shall be observed. Article 1383 - Question in respect of exclusion of properties - Where any co-heir or any other person, claims the ownership of the properties described and prays that the same be excluded from the description, the dispute shall be decided, after hearing the administrator or the person who described the properties, if different, and after evidence is led and necessary information is obtained. Corresponds to Section 402 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1384 - Concept of withholding. In which case the question may be decided in the inventory - It will be understood that there is withholding of the properties when there is fraud in the omission of description of the properties or in the denial of the existence of properties, omission of which is complained of. § Sole paragraph: It will be decided in the inventory whether there was withholding and respective penalty shall be inflicted, when the dispute can be decided on the strength of the replies of the parties and of the documents and particulars on the record of the file. Otherwise, the parties shall be directed to pursue ordinary remedies. Corresponds to Section 403 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1385 - Claim regarding credits - The creditor may claim in the inventory by simple

application, the approval and payment of the debts, which have not been described by the administrator. Such claim is admissible till the order is passed as to how the partition should be done, except where the respective creditor was personally summoned to take part in the inventory, because in such case he may put his claim only till the conference of the parties for approval of debts. § Sole paragraph: The creditor served personally and who failed to put his claim till the conference of the parties is not prevented from claiming the payment by way of ordinary remedies; but in case he pursues these remedies and the defendants do not raise objection, he will be liable for the costs, whatever be the result of the proceeding. Corresponds to Sections 395 and 407 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1386 - Denial in respect of active debt - Where any active debt, listed by the administrator is denied by the alleged debtor the description shall be maintained or eliminated after hearing the administrator and after obtaining all the necessary clarifications. If the description is maintained, the debt shall be treated as litigious; in case of elimination, it is understood that right of the parties to demand the payment by competent means is safeguarded. Corresponds to Sections 408 and 409(3) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1387 - Appraisal of the properties by appraiser - Where there are no questions raised against the description or those which were raised have been decided, the appraisal of the properties shall be ordered within the time specified. The appraisal shall be done by only one

appraiser appointed by the judge; but he may appoint different appraisers for the appraisal of various types of properties if their special nature so demands. The properties to which Article 1378 makes reference do not require appraisal. Corresponds to Section 409 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1388 - Notes of result of appraisal - The appraiser shall be given the respective lists, alongwith the writ of appraisal. Next to each item, in the space left open in the lists, he shall write the respective value, the alterations or additions to the list which in his opinion are necessary, and the particulars as to the basis of the appraisal. Article 1389 - Appraisal by head of the office - Where there are properties the value of which is to be worked out by the head clerk, the file shall be remitted to him for such purpose immediately after the lists have been delivered to the appraiser. The value shall be worked out within five days. Article 1390 - Final description - After the appraisal is finalised within eight days the office should make the final description of the properties and of the debts with indication of their value. For the description of movables of small value, even though they may be of different nature, lots shall be made, so that as far as possible in each item properties of the value not less than 50$00 (escudos) are included. Corresponds to Section 411 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. SECTION III CONFERENCE OF THE PARTIES Article 1391 - Second examination and inspection of the file - After the description is made, what is provided in the first part of Article 1390 shall be observed. During the time of examination or of the inspection it is lawful to complain against excessive valuation, make application to convene the conference of the parties and make declaration of licitation on certain and specified properties indicating the value offered over and above the valuation.

The same thing may be done, till the time of the examination, by the parties who have not appointed an advocate. § Sole paragraph: The licitations may be applied only till the end of the time for examinations. What is provided in the Article 1404 is accepted and the case, in which, as consequences of inofficiousness, properties gifted and bequeathed are to be returned to the mass of inheritance. In this case the licitations may be applied till the examination of the file for the purposes of form of partition. Corresponds to Section 413 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1392 - Convening of family council - Where there is no room for the conference of the parties, immediately after the end of the examination period the family council shall be convened, when there is room for its intervention, in order to deliberate about licitation on the part of the persons under disability. Corresponds to Section 414 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1393 - Subjects to be put forth for the conference of the parties - The conference of the parties shall be convened, ex-officio or upon an application, to deliberate about:

1. (a)Approval of the debts and manner of their payment;
2. (b)Entrustment of emphyteusis as a head;
3. (c)Complaint about excess valuation;
4. (d)Any doubts or difficulties which may have bearing in the determination of the partition The members of the family council shall be notified for the conference where the inventory is of orphan’s jurisdiction and there is room for its intervention, wherever deliberation is to take place over the matters mentioned in clause (a) and (b). § Sole paragraph: The deliberation by the parties present binds those who did not attend, save where they were not notified, when they ought to have been. Corresponds to Section 415 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1394 - Approval of debts by all the parties - The passive debts, described or claimed, which are approved by the parties who are major and by the family council and by the parents on behalf of minors, are deemed as judicially recognized and their payment is to be ordered in the judgment confirming the partition, if till that time the respective amount is not paid. § Sole paragraph: When the law requires certain type of documentary proof to substantiate the existence of the debt, the family council or the representative of the person under disability shall not approve it unless such document is annexed or any other equivalent or superior evidence is produced. Corresponds to Section 416 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1395 - Verification of the debts by the judge - Where the parties who are majors and

the family council or the parents of the minor are opposed to the approval of the debt claimed, the judge shall, notwithstanding this, recognize its existence, provided the creditor produces sufficient documentary evidence for the purpose, except where the document is challenged as forged or stands nullified by other proof equivalent or superior or where there are questions raised which cannot be decided in the inventory. Corresponds to Section 417 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1396 - Difference amongst the parties in respect of approval of debts - Where there is disagreement on the point of approval of the debts, described or claimed, amongst the parties who are major, or between them and family council or parents of the minors, the debt is considered as recognized to the extent of the share of those who approve them; as to the balance the creditor shall have to take recourse to ordinary remedies, except where, in terms of the preceding Article, it is possible to be satisfied about the existence of the debt in the proceedings of inventory itself. Corresponds to Section 418 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1397 - Payment of debts approved by all - The debts which have become due and

approved by all the parties have to be paid immediately, in case the creditor demands payment. Where there is no sufficient cash in the estate, the sale of the properties shall be ordered for the same purpose, and the judge shall indicate which of the properties are to be sold, as per the rule established in the civil law, when there is agreement in that respect amongst the parties who are majors, or between them and the family council and parents of the minors. In the event the creditor wishes to receive in payment the properties separated for the sale, the same shall be adjudicated to him for the price which is fixed. § 1: The sale shall be extra judicial where all parties are in agreement, or, the inventory being of orphan’s jurisdiction, the judge so decides, after hearing the family council, the representatives of

minors and the Public Prosecutor. For such sale the provisions of Articles 887 and 888 shall be applicable. § 2: What is provided above is applicable equally to the debts which were considered by the judge in accordance with the provisions of Articles 1394 and 1396, in case the respective order has become final for want of appeal before the chart of partition is drawn up. Corresponds to Section 419 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1398 - Payment of debts approved by some parties - Where the debt has become due but is approved only by some of the parties the creditor may demand from them the part of their responsibility. The payment shall be effected immediately, there being cash, by the share of those who approved the debt; if there is no cash the payment shall be done after, the partition by way of properties allotted to the same parties. Corresponds to Section 420 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1399 - How the payment can be effected - Though the creditors do not demand the

payment of the debts which have become due and approved, the parties may deliberate as to the manner in which they will be paid, either separating money or properties for the same purpose, or entrusting the payment to one or some of them, or deciding that the debt shall be shared by all in proportion of the assets each of them gets. The parties may equally deliberate as to the manner of payment of the debts approved, but not yet become due. § 1: The deliberation which entrusts the payment of one or some of the parties bind the creditors; but in case they cannot get paid fully by the properties handed over to the party or parties entrusted with the payment, they can attach the properties adjudicated to other parties. § 2: In the event the debts have been approved only by some of the parties, acting for self, by the family council or by the parents of the minors, only they can deliberate as to the manner of payment. Corresponds to Section 421 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1400 - In which cases the legatees have right to decide about the debt - The legatees are competent to deliberate about the liabilities and their payment when all the inheritance is distributed by way of legacies or when the approval of the debts will give rise to diminution of the legacies.

Article 1401 - Insolvency on account of excess of debts over the credits - Where the debts approved or recognized exceed the mass of inheritance, the procedure of insolvency which is deemed fit, shall be observed by making use of whatever has been already processed. Article 1402 - Deliberation on the point of entrustment of emphyteusis as a head - Where some possessory title forms part of the inheritance, it shall be incumbent to deliberate to whom it shall be entrusted as ahead. If none of the parties wish to have the emphyteusis, the same shall be sold and the proceeds shall be divided; in case there is dispute about the emphyteusis and there is no agreement in respect of such allotment, the same shall be done by way of licitation which shall be done at once. Corresponds to Section 423 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1403 - Deliberation on the point of excessive valuation - Where any of the parties finds that the value given to any of the properties is excessive, he shall declare the value which he deems to be fair, and the conference shall deliberate as to whether the value should be maintained or the valuation should be decreased, and in the latter case the value to be given to the properties shall be fixed. But the value shall not be decreased where any party declares that he accepts the thing as per the valuation, Such declaration will amount to licitation. Where more than one party accepts the valuation, there shall be licitation amongst them and the thing shall be adjudicated to one who offers the highest bid. In case the conference is unable to fix the value, the value already given shall subsist. § Sole Paragraph: The complaint against excessive valuation may be made orally in the conference. Corresponds to Section 424 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1404 - Deliberation of family council on behalf of person under disability - Where there is place for conference for any of the purposes mentioned in Article 1393, any party may till it lasts, declare orally that he intends to have licitation in specified properties. The family council, if present, shall deliberate whether the persons under disability should take part in the licitation or take initiative about the same. In case the family council is not to take part in the conference, its meeting shall be convened in

order to deliberate, on the day of its conclusion and before the same, about the licitation on behalf of the persons under disability. § Sole paragraph: The deliberation of the family council shall be inserted in the minutes of the conference. Corresponds to Section 425 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. SECTION IV SECOND APPRAISAL, LICITATIONS Article 1405 - Second valuation of the thing in which some co-heir has major share - Where any party declares that he wishes to offer a bid in respect of a thing, which by its nature, and without detriment, cannot be divided, and in which any co-heir has major part by title other than by marriage, succession, gift or bequest of the estate- leaver, the licitation shall not take place, if such co-heir raised objection; but in such a case it is lawful to apply for second appraisal. Similarly second appraisal will take place when the respective co-heir applies for it, on the ground that the thing in which he has major part has been attributed an excessive value. § 1: The administrator may, at the time of the listing of the properties, raise the question of indivisibility. If he does so, the appraiser shall pronounce on the same at the time of the appraisal. When the question is raised subsequently and there is no agreement between the parties, the question shall be decided after hearing the appraiser. In case the thing is not subject to appraisal by the appraiser, the question of indivisibility shall be decided, in the absence of agreement, by the judge, after inspection of the property by an expert appointed by him. § 2: What is provided in this Article and paragraph 1 is equally applicable to the case in which there are no forced heirs and the estate-leaver has gifted to one of the co-heirs, legal or testamentary, a major part of the thing, which by nature or without detriment cannot be divided, as well as to the case where, by force of law or of contract, the things cannot be subject of licitation. Article 1406 - Second valuation of gifted properties - Where any party declares that he wishes to offer a bid in respect of things gifted by the deceased, the objection of the donee, irrespective

of whether he is to collate or not, shall have the consequence of enabling the party to make application for second appraisal of the properties to which the declaration pertains. After the second appraisal is done and the licitations in the other properties are over, the declaration will be of no effect if it is found that the donee is not bound to return any property. When it is found that the gift is inofficious the following shall be observed: a) Where the declaration falls on property susceptible of division, the licitation is admissible in respect of the part which the donee has to return, but the donee shall not be admitted to take part therein; b) Where the declaration falls on property, which by its nature and without detriment, cannot be divided, the licitation is admissible in respect of it and the donee shall be admitted to take part therein; c) If none of the conditions of both the preceding clauses are satisfied, the donee is permitted to choose, amongst the gifted properties, those necessary to fill up his share in the inheritance and charges on the gift, he shall return the properties in excess of his share, and in respect of properties returned, there shall be licitation, if applied for or has already been applied for but the donee shall not be admitted to take part therein. § 1: The objection of the donee should be made within the time of examination referred to in Article 1391, if at that time licitation on the gifted properties has already been applied for or during the conference itself, where the licitation is applied therein and the donee is present. If none of the above conditions are satisfied, the donee shall be notified, before the licitation, to raise his objection, within three days. The second appraisal may be applied for till the end of the licitations, if they take place, and if not till the time for examination of the file to give the say as to how the partition should be effected. § 2: Irrespective of any declaration referred to in this Article, the donee may apply for second appraisal of some or all of the gifted properties when from the first appraisal it is found that the gift is inofficious. Corresponds to Section 426(1), (2) & (3) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1407 - Second valuation of legacies - Where any party declares that he desires to offer a bid for the bequeathed properties, the legatee shall be notified to give his say within three days. If he objects, the licitation shall not take place, but it is lawful to the heirs to apply for second

appraisal of the properties, when their low valuation may affect them adversely. In the absence of objection by the legatee, the licitation shall take place and the legatee shall have a right to the respective value. § Sole paragraph: What is provided in paragraph 1 of the preceding Article is applicable to the limitation to apply for second appraisal. Corresponds to Section 427 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1408 - Second valuation at the instance of legatee - Where from the first appraisal it is

found that the legacy is inofficious, the legatee may, irrespective of the declaration referred to in the preceding article, apply for second appraisal either of the bequeathed properties or any other properties which have not been appraised for the second time. The legatee may also apply for second valuation of other properties of the inheritance when it is found, on the strength of second valuation of bequeathed properties and of licitations, that the legacy has to be reduced on account of inofficiousness. § Sole paragraph: The second appraisal referred to in this Article may be applied for till the examination of the file to give the say as to how the partition should be effected. Corresponds to Sections 428 and 432 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1409 - Consequence of inofficiousness of legacy - Where the legacy is inofficious, the legatee shall return in specie the part in excess, and there can be licitation in respect of this part, to which the legatee shall not be admitted. Where the bequeathed thing cannot be divided, by its nature or without detriment, the following shall be observed: § 1: The return shall be made in cash, when the inofficious part is lesser than the other part, and in such case any party may apply for the second valuation of the bequeathed thing; § 2: The return shall be done in specie if the inofficious part is equal or greater than the other part, and in such case the legatee may apply for the licitation over the bequeathed thing. What is provided in clause (c) of Article 1406 is equally applicable to the legatee. Article 1410 - Other cases of second valuation. Who is to do it - The second appraisal may take place only in the cases which are quoted above and in those referred to in Articles 1428 and 1447.

The said appraisal shall be done by three appraisers appointed by agreement between the parties. In the absence of agreement, the general rules shall be observed, it being understood that the co- heir, donee or legatee, referred to in Articles 1405, 1406 and 1407 form one side and the other parties with capacity or without, form the other side. The minors and similar persons shall be represented at the time of the appraisal by the parents, or by guardians and curators. § Sole paragraph. There being more than one co-heir, donee or legatee in the conditions of Articles 1405 to 1407, all of them who have common interest shall form one side against other parties. Corresponds to Section 433 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1411 - At what stage licitation is done - The licitation shall take place, if possible, on the same day of the conference of the parties and immediately thereafter. It is lawful to withdraw the declaration of desire to offer a bid till the respective item is put to bid; but in such an event any other party shall be allowed to apply for the licitation on the same item. Corresponds to Section 434 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1412 - How the licitation is done - The licitation is an auction to which only heirs and the moiety partner spouse are admitted, except the cases where, in terms of preceding Articles, the donee or the legatee should also be admitted. It may fall over the properties of the inheritance which are not necessarily to be allotted to any particular party. Each item shall be put to bid separately, except where all agree to form lots for that purpose, or where there are some which cannot be separated without inconvenience. Different parties, may, by agreement, offer a bid over the same item or lot so that it may be allotted to them in common in the partition. Corresponds to Section 429(3) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1413 - Annulment of licitation - Where the Public Prosecutor is of the opinion that the

representative of any party under disability does not defend or did not defend properly the interests of the person represented by him during the licitation, he shall apply immediately, or within five days from the date of the licitation that the act may be annulled in the respective part, setting out clearly the grounds of his challenge. The party complained of, being heard, cognisance of the complaint will be taken and if decided in

favour, the act shall be declared null and void, and the same shall be repeated and the representation of the person under disability shall be entrusted to the Public Prosecutor. § Sole paragraph: At the end of licitation of each day the Public Prosecutor may declare that he shall not apply for annulment of what has been done on that day. Corresponds to Section 430 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. SECTION V PARTITION Article 1414 - Third examination and inspection of the file. Order as to manner how the partition is to be effected - After the provisions of the preceding Articles have been complied with, the file shall be made available for the examination, for a period of five days, to the advocates of heirs and of the administrator, and then for the inspection, for the same period to the Public Prosecutor, in case the inventory is of orphan’s jurisdiction, to give their say as to how the partition should be effected. In the next ten days an order shall be passed directing as to how the partition should be effected. In the said order all the questions shall be decided and which have not been decided so far and which are necessary to be decided, for drawing the chart of partition, it being permissible to direct the parties to lead evidence which may be found necessary. But where there are questions which require a large investigation, the parties shall be directed in this part to pursue normal remedies. § 1: The questions which are required to be decided in normal course of the inventory, shall not be left to be decided at the time of passing the order as to how the partition should be effected. § 2: No special appeal -shall lie from the order referred to in this Article; however, the order may be challenged in the final appeal against judgment confirming the partition. Corresponds to Section 431 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1415 - Rules in respect of filling up of the shares - In the allotment of the shares the following rules shall be observed: a) The gifted properties or those on which highest bid is accepted in the licitation, shall be adjudicated to the respective donee or bidder; b) To those who do not collate or to those whose bid is not accepted, properties of same kind and

nature of the gifted and licited shall be allotted; and when this is not possible, what is provided in the Article 2110 of the Civil Code shall be complied with. The same thing shall be observed in benefit of the co-heirs non legatees, when some of the heirs have been benefited with legacies; c) The remaining properties shall be divided by sortition amongst the parties, in equal lots. d) The active debts which are litigious, those which are not sufficiently proved and the properties which have no value shall be distributed proportionately amongst the parties; the passive debts approved by all the parties shall be distributed in the same manner, except where another manner of payment is agreed upon. Corresponds to Section 435 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1416 - Chart of partition - After the file is received with the order referred to in Article 1414, the office shall draw the chart of partition, within eight days, in accordance with the same order and in accordance with the provision of the preceding Article. For the purposes of the drawing of the chart, first of all, it will be found what is the total amount of the assets, by adding the values of each kind of properties as per appraisals and licitations and by deducting the passive debts, legacies and charges which ought to be discounted; thereupon the amount of the share of each party shall be worked out and the part which is allotted to the party in each type of properties; finally the allotment of each share will be done with reference to the numbers of the items of the description. The lots which are to be drawn by sortition shall be designated by letters. § 1: The values shall be indicated by figures only. The numbers of the items of the description shall be shown in figures and by words and when they are continuous only the terminal numbers between which the numbering is comprised shall be noted. In case some fraction of the items fall to the co-heirs, such fraction shall be mentioned. § 2: In each lot the kind of properties of which it is comprised shall be shown. § 3: The judge shall initial each and every page of the chart and shall confirm the errata note of corrections, erasures or interlineations. Corresponds to Section 436(b) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1417 - Steps to be taken when the gifted properties or properties subject of licitation exceed the share of the party - Where the office finds, at the time of drawing the chart, that the

properties gifted or taken by licitation exceed the share of the respective party or the disposable portion of the deceased, a note shall be recorded in the file, in the shape of a chart, indicating exactly what is the amount of the excess, and thereupon the following shall be observed: a)Where in between the properties gifted to a co-heir there exists any property not divisible, which does not fit wholly in the share to the donee, such property shall form part of the mass of partible properties as any other property of the inheritance; in other cases, the donee shall be notified to exercise, within three days, his right of choice which is conferred upon him by paragraph 4 of Article 2107 of the Civil Code, failing which his share will be allotted with the properties indicated by the judge; b)Where the gift made to a stranger is inofficious, the same shall be reduced in terms of Article 1493 onwards of the Civil Code; c)Those who have not taken the properties in licitation and who are to be allotted the owelty money due by those who were successful in the licitation, shall be notified to demand within three days the payment, if they so desire. If the demand is made the successful bidder shall be notified to deposit the amount failing which the licitation will be of no effect. Where the payment is not demanded, the owelty money shall earn the legal interest from the date of final judgement of partition and the creditors thereof may register the legal hypothecation over the properties adjudicated to the debtor. Corresponds to Section 437 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1418 - Objection against the chart - After the chart is drawn, the parties may apply for any rectification or raise any objection against any irregularity, namely against inequality of the lots or against non-compliance of the order directing the partition. The objections shall be decided within subsequent eight days and the conference of the parties may be convened in case any objection is founded on inequality of the lots. Necessary modification directed by the order deciding objections shall be carried out. If necessary, new chart shall be drawn up. Corresponds to Section 438 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1419 - Sortition of lots - Thereafter the sortition of lots shall take place if there is room for the same. In a box so many papers shall be put as there are lots to be drawn by sortition and in each paper

the letter corresponding to the lot which it represents shall be written. While picking up the papers first preference is given to the moiety partner of the deceased; as to the co-heirs, alphabetical order of their names shall be followed. The judge shall pick up the papers for the parties who do not appear; and to the extent the sortition is going on, the annotation of the name of the party to whom the lot is fallen is done by way of note in the file. After the sortition is over, the parties may exchange between them the lots which have fallen to them. For the exchange of the lots fallen to the persons under disability the authorization of the judge is necessary after hearing the Public Prosecutor. In case of interdiction by prodigality, the exchange shall not be permitted unless the prodigal consents thereto. Corresponds to Section 439 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1420 - Second and third chart - Where there is moiety partner spouse, the chart shall consist of two bulks; and after the bulk of the deceased is ascertained, the second chart will be drawn for its division amongst the heirs. Where their shares are unequal because some of them succeed by representation, after ascertaining the share of the one who is represented, a third chart is drawn for its division amongst the representatives. Where any heir is to be benefited with major portion of properties, the lots shall be formed, if possible, in such a way that the sortition is done out of equal lots. § Sole Paragraph: Where it is not possible to draw the second chart and have the sortition at the act of sortition of lots of the first and where it is not possible to do it in respect of the third chart at the time of sortition of the lots of the second, in the matter of the drawing of the chart and examination as well as sortition of the second and third chart, the rules established in relation to the first shall be observed. Corresponds to Section 440 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1421 - Inspection by the Public Prosecutor for the purpose of payment of tax -

Where there are immovable properties, the file shall be made available for inspection to the Public Prosecutor, for a period of five days, to indicate whether there are parties who should pay the tax for the excess which they have received in these properties and to indicate the amounts on which the tax is to be calculated. The respective parties shall be notified to produce on record, within the period of ten days, the

document evidencing the payment of tax. In the subsequent forty eight hours the judgement will be passed homologating the partition according to the chart and the operations of the sortition. From this judgement appeal shall lie, filing of which will not stay the operation of the judgement. Corresponds to Section 441(1) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1422 - Liability for costs - The costs of the inventory shall be paid by the heirs and by the moiety partner, in proportion of what they received. In the case foreseen in Article 1794 of the Civil Code the responsibility for the costs shall lie on the legatees in the same proportion. § Sole paragraph: The costs of the incidental proceedings and of the appeals shall be governed by Articles 456 onwards. Corresponds to Section 442 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1423 - Safeguards to be observed for the delivery of the properties before the

judgement has become final for want of appeal - ‘Where any of the parties desires to receive the properties fallen to him in the partition, before the judgement becomes final for want of appeal the following shall be observed: 1. In the title deed which is issued for the purposes of registration and possession of the immovable properties it will be declared that the judgement has not become final for want of appeal, and the conservator shall not register the transmission without mentioning the above circumstance; 2. The securities subject to annotation will be annotated by the competent entities with the declaration that the party shall not dispose of them while the judgement has not become final for want of appeal; 3. Any other properties shall be delivered only if the party gives security, which shall not include the rents, interest and dividends. § 1: The safeguards prescribed in this Article shall be equally observed in case of pendency of suit for filiation, annulment of Will or any other which may cause the modification of the partition, to the extent the decision in the suit is likely to alter whatever has already been carried out. § 2: The declarations made in the registration and in the annotation shall have the same effect as

that of registration of suits. Such effect shall subsist until it is not declared extinct by judicial pronouncement. Article 1424 - New partition - Where there is need to have the partition afresh as a consequence of the decision of the appeal or of the suit, the administrator shall immediately enter into the possession of the properties which no longer belong to the party who received them. The inventory shall be corrected only to the extent strictly necessary to implement the decision, and the appraisal and description shall subsist, even though there is complete substitution of the heirs. § 1: When there is no room to have new partition as a consequence of the judgement or order which decides the partition afresh cancellation shall be ordered of the registration or annotation which ought to lapse. § 2: Where the party fails to restore back the movable properties received by it, execution shall be started against it in the same file and also execution will be started for the recovery of the yield

which ought to have restored, and the party shall render accounts as though he were an

administrator. The execution shall be processed as an appendant. SECTION VI AMENDMENT AND RESCISSION OF THE PARTITION

Article 1425 - Amendment to the partition by agreement - The partition may be amended,

even after it has become final for want of appeal, in the same inventory, by agreement of all the parties or their representatives, in case there exists error of fact in the description or qualification of the properties or any other error susceptible of vitiating the will of the parties. § Sole Paragraph: What is provided in this Article does not prevent the application of Article 667. Corresponds to Section 445 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1426 - Amendment to the partition in the absence of agreement - When it is found that the conditions foreseen in the preceding Article are satisfied and the parties are not agreeable to have the amendment, the same can be obtained in an ordinary or summary suit, as per the

value, it being necessary, for the success of the suit, that the knowledge of the error be subsequent to the judgement. Article 1427 - Rescission of partition - The rescission of judicial partition confirmed by judgement, become final for want of appeal, may be applied for: 1. When any of the conditions mentioned in the Article 771 are satisfied; 2. When there had been preterition or omission in joining any of the co-heirs and it is found that other parties acted with fraud and bad faith, whether such malicious conduct is in respect of the preterition, or as to how the partition was prepared. The rescission on the grounds mentioned in clause 1, may be obtained by filing appeal or revision; that founded on clause 2 by way of suit, ordinary or summary, as per the value. § Sole Paragraph: A suit for rescission or suit for amendment referred to in this Article and in the preceding, shall be the appendant of the inventory. Corresponds to Sections 446 and 447 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1428 - Composition of the share of the preterited heir - Where the heir desires that his share be made up in the currency in force, in terms of Article 2165 of the Civil Code, he shall apply in the inventory that conference of the parties be convened to work out the amount of his share. Where the parties do not arrive at an agreement, the properties, in respect of which there is difference of value, shall be appraised again, it being possible to apply for second appraisal and thereafter the amount to which the heir is entitled shall be fixed. The chart of partition shall be made afresh to know the changes which the first chart undergoes in consequence of the payments necessary to make up the share of the preterited heir. § Sole Paragraph: As soon as the compounding of shares is made up, the heir may apply that the debtors be notified to effect the payment, failing which they will be bound to make good his respective part in properties, without prejudice, however, to the alienations already made. If the payment is not demanded, what is provided in the last portion of clause (c) of the Article 1417 shall be applicable. Corresponds to Sections 448(A) and 450(3) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

SECTION VII GENERAL PROVISIONS Article 1429 - Bringing on record the heirs of the deceased parties - Where the moiety partner or any heir dies before the conclusion of the inventory, the administrator shall indicate the heirs of the deceased and notice of such indication shall be given to the other parties and summons shall be issued for the purpose of inventory to the persons indicated above. The competency of the heirs may be contested by the summoned parties or notified parties, in terms of Article 1374. In case of failure to file the objections the persons indicated shall be considered as qualified, without prejudice to the provisions of Article 1375. In case of death of any creditor or legatee summoned to the inventory, their heirs may make an application to get themselves admitted by following the procedure prescribed in Article 1375. Corresponds to Section 449 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1430 - New inventory - Where after the partition is effected there is death of any party who has not left properties other than those which were adjudicated to it, the inventory which is to take place shall be held in the same file, and the oath of office of the administrator will be given to one on whom it devolves, and by following the prescribed procedure.

Article 1431 - Inventory of the surviving spouse - Where the inventory of the surviving spouse

is to take place in the court where inventory on the death of the predeceased spouse had taken place, the steps necessary for the second partition shall be recorded in the file of the first partition. Where there are properties to be partitioned other than those allotted to the deceased in the previous inventory, such properties shall be described with the serial numbers which are in continuation of the last item of the first inventory. Corresponds to Section 369 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1432 - Availing of appraisal and of the description made in other inventory - The properties which have been appraised in the other inventory shall not be subjected to fresh appraisal except where there are serious reasons to believe that their value has changed. In case of the change of the value of currency, such change shall be taken into consideration.

Besides the appraisal, the description made in the previous inventory shall be availed of and it shall be reproduced if the file is different, and not if the file is the same. Corresponds to Section 370(2) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1433 - Consolidation of inventories - It is lawful to have consolidation of inventories for the purpose of partition of different inheritances: 1. When the persons amongst whom the properties are to be partitioned are the same; 2. When the case is of inheritances left by two spouses; 3. When one of the partitions is dependant on the other. If the dependance is total, because in one of the partitions there are no properties other than those which are to be allotted to the deceased in the other partition, the consolidation shall not be refused. If the dependance is partial, because there are other properties, the consolidation shall be granted or not, as it is found convenient or not, always keeping in mind the interest of the parties and the smooth course of the proceedings. § Sole paragraph: The want of pecuniary or territorial jurisdiction in respect of one of the inventories is not a bar to grant the consolidation even if in one of them there are heirs under disability. Corresponds to Section 370(4) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1434 - Additional partition - Where after the judicial partition is effected, it is found

that there was omission of some of the properties, additional partition shall be carried out in the same file, and to the extent applicable, the provisions of this division and all the previous ones shall be observed. § Sole paragraph: In the inventory which takes place on the death of the surviving spouse, the properties omitted in the inventory of the predeceased spouse shall be described and partitioned, when the omission is disclosed only at the time of the former inventory. Corresponds to Section 374 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1435 - Regime of appeals - In the inventories of the value up to 10,000$00 the regime of appeals from summary suits shall be applied. In the inventories of superior value, the following shall be observed: a) The appeal preferred against the order putting an end to the proceedings, shall be forwarded immediately and in the same proceedings; and alongwith it other appeals preferred against

previous orders, if any, shall be forwarded. b) The appeal preferred against the order excluding from the proceedings any heir, or excluding or removing anybody from the office of the administrator, guardian, curator, or member of the family council, shall be forwarded immediately, but in separate, alongwith all the appeals preferred against previous orders. c) The appeals preferred against other orders till the end of the description of properties shall be forwarded to the superior court alongwith and in separate from the principal file, when the description is finalised. d) The appeals preferred from subsequent orders up to the presentation of the file to pass order directing as to how the partition should be effected, shall be forwarded to the superior court jointly and in separate from the principal file, when the file is at the stage of drawing the form of partition. e) The appeals preferred from the order directing how the partition should be effected and of subsequent orders shall be forwarded in the same file, to the superior court, alongwith the appeal filed against the judgement which homologates the partition. § Sole paragraph: What is provided in Article 735 is saved. Corresponds to Section 371 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1436 - Question finally decided - The questions which have been decided in the

inventory are considered as finally decided, both in relation to the administrator and to the persons summoned in the capacity of heirs, and in relation to those who took part in the decision, except where the right to pursue competent remedies has been expressly reserved. Such reservation is not justified when the questions are of law or the questions are of fact which can be decided on the strength of documents produced or requisitioned. As to the questions of fact which required production of other proofs, the parties may be permitted to pursue ordinary remedies, or may be decided provisionally reserving the rights of the parties to file competent suits, only when the definitive resolution does not agree with the summary nature of the inventory proceedings. § Sole Paragraph: It is understood that in the resolution of any one question the parties who have taken part are not only those who raised it, or gave the say on it, but even those who were heard, though they did not give their say. Corresponds to Section 451 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

Article 1437 - Regime of inventory for description and appraisal - The inventory in which the purpose is solely to have the description and valuation of the properties the provisions of this chapter shall be applicable to the extent they can and should be applied. Article 1438 - As to how the sale and leases to be used where the public auction is mandatory - Where the civil law directs the sale or the lease of the properties in public auction, the former or latter shall be carried out as per procedure laid down in the execution proceedings. After the parties and the family council are heard, the judge shall decide the procedure which should be adopted, following thereafter the procedure prescribed in Articles 884 and 886 or in the Articles 889 onwards, as it has been directed. SECTION VIII PROCEEDINGS INCIDENTAL TO THE INVENTORY Article 1439 - Removal of administrator - The administrator may be removed: 1. When he delays the description, fails to indicate to the appraisers the properties, does not appear, does not produce documents, does not give declarations which are demanded from him, or by any other manner fails to fulfill, in the proceedings, the duties of his office; 2. When he administers badly the properties of the inheritance. The removal may be applied for by any party, or by the Public Prosecutor in case the inventory is of orphan’s jurisdiction. The administrator shall be notified to give his say within the period of three days; and in the subsequent five days, after the examination of the witnesses which have been indicated in the application or the reply, not in excess of three for each party, the decision shall be passed. After the administrator is removed, another shall be appointed, in terms of the civil law. Where the cause for the removal is the omission to do some act for which the administrator was duly notified, the administrator shall be liable to be punished for the offence of qualified disobedience, and certified copy of the fact shall be handed over to the Public Prosecutor, to initiate the competent criminal proceedings. § 1: Where the removal takes place after the licitations, the successful bidders may apply that the properties in which their bid was accepted be delivered to them. As to the properties which the

successful bidder receives, he shall hold the position of the administrator. § 2: What is provided in this Article shall equally be applicable to the person who has to collate, who fails to fulfill the duties of the administrator which are incumbent upon him in respect of the properties which he is to collate. Article 1440 - Exoneration from guardianship - When anyone desires to excuse himself from exercising the guardianship, curatorship, pro-guardianship, or the office of member of the family council, he shall present an application giving the grounds of exemption as also the evidence which he wants to lead. The decision shall be passed after hearing, if necessary, the parties and after collecting necessary information. Article 1441 - Exoneration from the post of administrator - The administrator may apply for exemption from his office: 1. When he is having seventy years of age; 2. When he is unable to perform conveniently his functions, on account of illness; 3. When he resides outside the continent or island where the inventory takes place. The proceedings for exemption shall be governed by what is provided in the previous Article. Article 1442 - Exclusion or removal of guardian or of the pro-guardian - The exemption or removal of the guardian or of the pro- guardian may be applied for by the Public Prosecutor, by any member of family council, or parent of the guardian, up to the sixth degree, and by the guardian in relation to pro-guardian, as well by the latter in relation to the former, and the grounds should be specified with all precision. The party complained of shall be notified to give his say on the charges. Thereafter the family council shall be convened to deliberate, and notice will be served on the applicant and opponent to remain present. The witnesses shall be examined by the Judge before the council and the notes of evidence shall be recorded in the act. The applicant and the opponent may orally advance arguments in support of the application or defence and finally the council shall decide, after hearing the Public Prosecutor, when he is not the applicant. From the decision of the family council appeal shall lie to the council of guardianship.

Article 1443 - Exclusion or removal of the guardian and members of family council - What is provided in the preceding Article is applicable to the removal of curator of the prodigal, of the provisional curator of the absentee and of the members of the family council with the following modifications: 1. The prodigal shall always be heard and he may apply for the removal; 2. The family council will not take part, the decision shall be given by the judge, and appeal shall lie therefrom. SECTION IX PARTITION OF ASSETS IN SPECIAL CASES

Article 1444 - As to how partition is effected in consequence of divorce, separation or

annulment of marriage - After the divorce or separation of persons or annulment of the marriage have been decreed by the court, the spouses may partition the assets by public deed or by act drawn in the file wherein the judgement is pronounced. Article 1445 - Specialties of inventory consequent upon the divorce, separation or annulment of marriage - In case there is inventory, the office of the administrator shall be held by the husband in case of marriage under communion and both will be administrators in case of marriage under separation. But the yield from the assets of any of them accrued till the judgement shall always be listed by the husband. The inventory shall proceed appended to the file of divorce, separation or annulment and it shall follow the procedure prescribed in the previous articles.

Article 1446 - Liability for costs - The costs of the inventory shall always be paid by the

defaulter spouse; otherwise it shall be paid by both the spouses. Article 1447 - Proceedings for separation of assets in special cases - When the wife applies for separation of assets in case of Article 10 of the Commercial Code or it is expedient to have the separation in consequence of insolvency or bankruptcy of the husband, the provision of Article 1445 shall be applicable, with the following modifications: The applicant of the execution proceedings in case of Article 10 of the Commercial Code or any creditor in case of insolvency or bankruptcy shall have a right to prosecute the inventory;

The debts which are not proved by documents shall not be approved; The wife has the right to choose the properties with which her moiety may be made up. If such right is exercised the creditors shall be notified about the choice and they may complain against the choice, giving grounds for such complaint; In case the judge finds the objection maintainable, he shall order under his supervision, the second appraisal of the properties which appears to him not to have been valued properly. The appraisal shall be done by three appraisers, one appointed by the wife, the other by the creditors and the third by the judge. When the second appraisal modifies the value of the properties chosen by the wife, she may, within three days from the conclusion of the appraisal, declare that she withdraws the choice. Thereafter the moieties shall be adjudicated by sortition.