Section 4

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Where the testator has been dispossessed of the bequeathed thing or it has wholly perished during the lifetime of the testator, or where the dispossession or extinction takes place subsequently without the heir having contributed towards the same. § Sole paragraph – The one who is obliged to carry out the bequest shall be held responsible, however, for the dispossession where the thing delivered has not been specified in species.  Corresponds to Section 137 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1812 - Legacy of the things in alternative - Where two things are bequeathed in the alternative, and one of them perishes, the legacy shall subsist in the remaining thing. When only a part of the thing perishes, the remainder shall be due.  Corresponds to Section 138 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1813 - Indivisibility of the disposition - The legatee is not entitled to accept one part of the legacy and reject the other, nor reject an onerous legacy, and accept the other which is not onerous, but the heir, who is at the same time a legatee, may renounce the inheritance and accept the legacy and vice versa.  Corresponds to Section 139 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 380 Article 1814 - Lapsing of the institution in view of supervenience of descendants to the testator - The institution of heirs, made by a person who did not have legitimate children at the time of the Will, or was ignorant of having them, lapses de jure by the supervenience of children or other legitimate descendants, even though posthumous or by the legitimation of the illegitimate children. § 1 - The legitimation by recognition of illegitimate children, subsequent to the Will, born before or after it was made, does not annul the institution of heir, but reduces it to the disposable portion of the testator, as per article 1760. § 2 - The legacy does not lapse in any of the cases mentioned above, but may be reduced as inofficious as per the same article 1760.  Corresponds to Section 140 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1815 - Supervenient children predeceasing the testator - Where the supervenient children die before the testator, the disposition shall have effect, if it is not revoked by the same testator.  Corresponds to Section 141 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1816 - Legacy of the thing pledged - Where the bequeathed thing has been pledged, it shall be redeemed at the expense of the inheritance.  Corresponds to Section 142 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1817 - Legacy of the ascertained thing ascertainable at the place where it is found - The legacy of thing or quantity, which has to be received at a fixed place, shall have effect to the extent of the portion that is found at that same place.  Corresponds to Section 143 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1818 - Legacy for payment of debt - Where the testator bequeaths a certain thing, or a certain amount, as a debt owed by him to the legatee, the legacy shall be valid, even though that amount or thing was not really due, except when the legatee is incapable of receiving it by way of gift. 381  Corresponds to Section 144 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1819 - Legacy for the payment of the debt not matured - Where the debt is payable at a certain time, the legatee shall not be obliged to wait until the expiry of such time to demand the payment. § Sole paragraph – The legacy shall not have effect, however, if the testator being a debtor at the time when the Will is made, subsequently pays the debt.  Corresponds to Section 144 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1820 - Legacy made to a creditor of the testator - The legacy made to a creditor, without reference to the debt of the testator, shall not be considered as payment of the same debt.  Corresponds to Section 145 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1821 - Legacy of a credit - Where the testator bequeaths any credit that he has, whether against a third party, or against the legatee himself or gives to the latter discharge of the debt, the heir shall carry out the bequest by giving to the legatee the respective documents. § Sole paragraph – If the credit is found to have been extinguished by compensation, in whole or in part, the legatee may demand from the heir the equivalent of that credit, or of the part that was compensated; but if the extinction of the debt was due to another reason he/she may not demand anything.  Corresponds to Section 145 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1822 - Institution under condition; administration of the estate - Where the heir is instituted under a condition precedent, the inheritance shall be placed under administration, until the condition is fulfilled or until there is certainty that it cannot be fulfilled. § Sole paragraph – The administration shall be entrusted to the testamentary co-heir, appointed without condition, if between the latter and the heir appointed under condition there is room for the right of accretion. Article 1823 - Case in which the administration belongs to the presumptive legal heir - When there is an heir appointed under condition and there are no other co-heirs, or where there 382 are other co-heirs, there is no room for the right of accretion between them, the presumptive legal heir shall be entrusted with the administration, except where the heir appointed under condition has a reasonable ground to oppose it. § Sole paragraph – The heir appointed under condition may take charge of the inheritance by giving security. Article 1824 – Bequests to the unborn - The provisions of the two preceding articles are applicable to inheritance left to children yet to be born. Article 1825 – Powers of administrator - The administrators mentioned in the preceding articles shall have the same rights and obligations as the provisional curators of the assets of absentees. Article 1826 – Acquisition of pure and simple legacies - A pure and simple legacy grants the legatee a transferable right, starting from the day the testator dies.  Corresponds to Section 146 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1827 – Choice of a legacy of generic nature - When the legacy is of an unspecified thing, included amongst others of the same kind, the choice shall belong to the one who has to give it, the choice being regulated by an average norm with reference to the qualities of the thing bequeathed.  Corresponds to Section 147 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1828 – Choice left to the legatee - If the choice is given to the legatee, by an express disposition of the testator, the said legatee shall choose from amongst the things of the same kind, the one which he may think fit and where there is not anything of the same kind, it shall be for the heir to choose the thing which is to be given and which shall be neither of the best nor of the worst quality.  Corresponds to Section 147 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1829 – Who is to choose in case of alternative legatee - Where the legacy is in the alternative, the choice shall belong to the heir, if it is not expressly conferred on the legatee. 383  Corresponds to Section 148 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1830 - Transferability of the right of choice - Where the heir or the legatee are unable to make the choice in cases where this right is given to them, such right shall pass on to their heirs, but once made, it shall be irrevocable.  Corresponds to Section 149 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1831 - Legacy of maintenance - The legacy of maintenance includes food, clothing and lodging, and, when the legatee is a minor, education. § 1 - This obligation of maintenance for education lasts until the person maintained has acquired the expertise or due qualification in the job or profession that he has chosen. When a job or profession has not been chosen, the obligation shall cease. § 2 - The provision of article 181 is applicable to the said obligation. § 3 - The principle of the preceding paragraphs is applicable to the legacy left solely for expenses of education.  Corresponds to Section 150 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1832 - Legacy of a house with whatever is contained therein - When a house with everything found in it is bequeathed, it shall not mean that the credits have also been bequeathed, even though the deeds and documents relating to such credits are found in the house.  Corresponds to Section 151 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1833 - Legacy of usufruct, without determination of time - The legacy of usufruct, without fixation of a period, shall be deemed to have been made for the lifetime of the legatee.  Corresponds to Section 152 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1834 - Legacy of usufruct to a perpetual corporation - Where the legatee of the usufruct, without fixation of a period, is any perpetual corporation, the legacy shall be for a period of thirty years and not more.  Corresponds to Section 152 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 384 Article 1835 - Legacy when the legatee becomes major - The legacy made to a minor to be received when he attains majority, shall not be demanded by him before such time even though he is emancipated.  Corresponds to Section 153 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1836 - Legacy for charitable purposes - The legacy for charitable purposes, without any other declaration, shall be deemed to have been made for the purposes of welfare and charity.  Corresponds to Section 154 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1837 - Ambiguity over person of the legatee or the thing bequeathed - A mistake by the testator in respect of the person of the legatee or in respect of the thing bequeathed shall not render the legacy null and void, if the intention of the testator can be clearly shown.  Corresponds to Section 155 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1838 - Petition and delivery of the legacy - The legatee shall apply to the heir to carry out the legacy, where he is not in possession of the bequeathed thing. § 1 - When there is a delay on the part of the heirs in taking charge of the inheritance, they may be served with summons to accept or renounce it. § 2 - When the heirs renounce the inheritance the legatees may apply that a curator be appointed for the vacant inheritance and demand from the latter the delivery of the legacy. § 3 - When the legacy consists of a charge on another legacy, the request should be made to the legatee of the latter.  Corresponds to Section 156 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1839 - Who is to carry out the execution of the Will - When the whole inheritance has been distributed by way of legacies and the testator has not appointed an executor, the most benefited legatee shall be treated as the executor of the Will. In equality of circumstances the one appointed by the legatees shall be executor and when there is no agreement or when amongst the legatees there is any minor, absentee or one under interdiction, the executor shall be appointed by the Court.  Corresponds to Section 157 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 385 Article 1840 - Fruits and income of the legacy - The legatee has a right, from the time of the death of the testator, to the fruits and income of the bequeathed thing, as well as to the interest accrued in case of legacy of money, from the expiry of the period to carry out such legacies, except if the testator has provided otherwise.  Corresponds to Section 158 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1841 - Legacy of periodical installment - If the testator bequeaths any periodical installment, the first period shall run from his death, and the legatee shall have right to the said installment, the moment the new period commences, even if he dies before its end. § Sole paragraph – The bequest may not, however, be demanded, save at the end of the period, except when it is by way of maintenance as provided in article 184.  Corresponds to Section 159 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1842 - Expenditure on the delivery of the legacy - The expenditure incurred towards the delivery of the bequeathed thing shall be borne by the estate, if the testator does not stipulate otherwise.  Corresponds to Section 160 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1843 - Manner and place of delivery of the legacy - The bequeathed thing shall be delivered with its accessories, at the place where, and in the condition in which it was at the time of the death of the testator. § Sole paragraph – If the legacy consists of money, jewellery or other valuables evidenced by documents, whatever may be the latter’s nature, it shall be delivered at the place where the inheritance has opened, except where there is a stipulation of the testator or in agreement amongst the parties, to the contrary.  Corresponds to Section 161 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1844 - Extension of the legacy of certain property - If the one who bequeaths any property adds to it afterwards new acquisitions, these, even if contiguous, shall not be part of the legacy without a new declaration of the testator. 386 § Sole paragraph – This will not apply however with respect to improvements which are necessary, useful or luxurious made in the bequeathed property itself.  Corresponds to Section 162 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1845 - Legacy of a thing charged with encumbrances - If the bequeathed thing is encumbered with any emphyteutic rent, share in the rent, easement or any other encumbrance inherent thereto, it shall pass to the legatee with the same encumbrance. § Sole paragraph – If, however, the thing is burdened with arrears of emphyteutic rent, of shares in the rent or of other onus these shall be paid out of the inheritance.  Corresponds to Section 163 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1846 - Legal mortgage for the benefit of the legatee - The immovables which devolved to the heirs from the testator, are charged with mortgage in terms of article 906, clause 8, for the satisfaction of the legacies. § Sole paragraph – If, however, any one of the heirs is particularly liable for that payment, the legatee shall only be able to exercise his right under mortgage on immovables, allotted to the said heir in partition.  Corresponds to Section 164 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1847 - Responsibility of the heirs in the legacy of the property of one of them - If the testator bequeaths a thing belonging to any one of the co-heirs, the others shall have to indemnify him proportionately, in case the testator has not stipulated otherwise.  Corresponds to Section 165 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1848 - Legacy or institution under condition not to do a thing - If the inheritance or the legacy is left subject to the condition that the heir or legatee should not give or should not do a specified thing, the said heir or legatee may be compelled, at the instance of the interested parties, to furnish security for the performance of the condition, save as to what is provided in article 1808.  Corresponds to Section 166 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 387 Article 1849 - Conditional legacy or legacy under term - If the legacy is left subject to condition or to take effect after the lapse of a certain time, the legatee can demand that the person who has to deliver the legacy furnish necessary security.  Corresponds to Section 167 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1850 - Responsibility of heir apparent - If the Will is declared null after the payment of the legacy, such payment having been made in good faith the appointed heir stands discharged of his responsibility towards the true heir, on delivering the remaining inheritance, save the right of the latter against the legatee. § Sole paragraph – The above provision is applicable to legacies with encumbrances.  Corresponds to Section 168 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1851 - Reduction of the encumbrance attached to the legacy - If the legatee with an encumbrance does not receive, due to his own fault, the whole bequest, the encumbrance shall be reduced proportionately and in case he is dispossessed from the bequeathed thing the legatee may demand restitution of what he has paid.  Corresponds to Section 169 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1852 - Right of accretion, in view of lapsing of some institution - If any of the instituted co-heirs dies before the testator, repudiates the inheritance, or becomes incapable or unworthy of receiving it, his portion shall be added to that of the other appointed co-heirs, save if the testator has provided otherwise.  Corresponds to Section 170 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1853 - Right of accretion, due to lapse of legacy - The right of accretion shall also pass on to the heirs if the legatees do not want or are unable to receive the respective legacy.  Corresponds to Section 170 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1854 - Exclusion of right of accretion amongst co-legatees - Amongst the legatees there shall be no right of accretion but, if the bequeathed thing is indivisible, or cannot be divided without deterioration, the co-legatee shall have the option, either to keep the whole, against 388 payment to the heirs of the value of the lapsed portion or to receive from them the value of that which as a matter of right belongs to him, delivering to them the bequeathed thing. § Sole paragraph – If, however, the legacy is encumbered with any obligation, and this lapses, the legatee shall profit from the resulting benefits, if the testator has not stipulated anything to the contrary.  Corresponds to Section 171 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1855 - Effects of accretion - The heirs, who have the portion under accretion, shall succeed to all the rights and obligations of the one who did not wish or could not receive the disposition, had it been accepted by him.  Corresponds to Section 172 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1856 - Renunciation of right of accretion - The heirs in whose favour the accretion has operated may repudiate it, in the event it carries special encumbrances created by the testator; but in such case, the said portion shall revert to the person or persons in whose favour such encumbrances have been created.  Corresponds to Section 173 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1857 - Recoverability of legacy - The legatees have the right to recover from a third party the bequeathed thing, whether mobiliary or immobile, provided it is certain and specified.  Corresponds to Section 174 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. SECTION V SUBSTITUTIONS Article 1858 - Concept of common substitution - The testator may substitute one or more persons in place of the instituted heir or appointed heirs or of the legatees, in case the heirs or the legatees cannot or do not want to accept the inheritance or legacy; this is called common or direct substitution. § Sole paragraph – Such substitution ceases to operate as soon as the heir accepts the inheritance.  Corresponds to Section 175 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 389 Article 1859 - Pupillary substitution - The testator who has children or other descendants under parental control, and who will not be, on the death of the testator, under the control of another ascendant may substitute them with heirs and legatees of his choice, in case the said children or other descendants die, before completing fourteen years of age, without distinction of sex; this is called pupillary substitution.  Corresponds to Section 176 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1860 - Lapsing of pupillary substitution - The pupillary substitution shall be ineffective as soon as the substituted person attains the age mentioned in the preceding article, or dies leaving behind descendants who can succeed.  Corresponds to Section 176 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1861 - Quasi-pupillary substitution - The provision of Article 1859 applies, without distinction of age, in case the child or other descendant is of unsound mind, as long as the unsoundness has been judicially declared; this is called quasi-pupillary substitution.  Corresponds to Section 177 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1862 - Lapsing of quasi-pupillary substitution - The substitution referred to in the preceding article, shall be without effect if the unsound person becomes sound.  Corresponds to Section 177 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1863 - Assets which pupillary substitution or quasi-pupillary substitution may include - The substitution referred to in the articles 1859 and 1861 shall include only the assets that the substitute could dispose, not being impeded at the time of his death, and which have been acquired through the testator.  Corresponds to Section 178 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1864 - Rights and obligations of the substitute - The persons appointed by way of substitution shall receive the inheritance or legacy with the same encumbrances excepting those of a purely personal nature, with which the substituted heirs and legatees would receive it, except where it has been declared otherwise. 390  Corresponds to Section 179 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1865 - Reciprocal substitution - When the co-heirs or the legatees with equal shares are reciprocally substituted it shall be understood that they have so been in the same proportion. § Sole paragraph – Where however, the ones instituted by way of substitution are more than the persons substituted and nothing is declared, it shall be understood that they have been substituted in equal shares.  Corresponds to Section 180 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1866 - Fideicommissary substitution - The testamentary disposition whereby any heir or legatee is entrusted with preserving and transmitting the inheritance or the legacy on his death to a third party, is called fideicommissary substitution or fideicommissum.  Corresponds to Section 181 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1867 - Restriction of fideicommissum - The fideicommissary substitutions for more than one degree are prohibited.  Corresponds to Section 181 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1868 - Lapsing of the substitution - Where the fideicommissarius does not accept the inheritance or legacy, or dies before the fiduciary, the substitution shall lapse, and the fiduciary shall be the absolute owner of the assets.  Corresponds to Section 182 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1869 - Nullity of the substitution - The nullity of the clause relating to fideicommissary substitution shall not make the institution or the legacy null and void; only the fideicommissary clause shall be deemed as not written.  Corresponds to Section 183 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1870 - Disposition which are not analogous to fideicommissum - The dispositions by which the testator leaves the usufruct to one person and the ownership to another, or the successive usufruct, as provided in article 2199 are not fideicommissary substitutions. The successive usufruct is permissible only in terms of this article. 391  Corresponds to Section 184 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1871 - Irregular fideicommissum - The following shall be deemed to be fideicommissum and, as such, valid upto one degree: