Section 6

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To the State, except for the provisions of article 1663. § Sole paragraph – In case of numbers 1, 2 and 3, the articles and fruits collected or pending, intended and necessary for the consumption of the couple, are considered as own assets of the surviving spouse, provided there is no suit for divorce or separation of persons and assets, pending or decided on the date of the opening of the inheritance.  Corresponds to Section 52 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1970 - Proximity of degree of relationship - The relative closer in degree shall exclude, within each group referred to in the preceding article, the more remote, except the right of representation, wherever it is admissible.  Corresponds to Section 53 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1971 - Succession per capita - The relatives, who are in the same degree, shall inherit per capita, or in equal proportion, save as provided in article 1983.  Corresponds to Section 54 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1972 - Renunciation of inheritance - Where the closer relatives repudiate the inheritance, or cannot succeed, the said inheritance shall devolve to the relatives of the 413 subsequent degree; but where only some of the co-heirs repudiate their part, such part shall accrue to that of the other co-heirs.  Corresponds to Section 55 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1973 - Degrees and lines of relationship - Each generation forms one degree, and the series of degrees constitute what is called the line of relationship.  Corresponds to Section 56 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1974 - Direct and transversal line - The line is called direct or transverse; the direct is constituted by the series of degrees between persons who descend one from the other; the transverse is constituted by the series of degrees between persons who do not descend one from the other, although they derive from a common progenitor or stock.  Corresponds to Section 57 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1975 - Types of relationship in direct line - The direct line is either descending or ascending; descending, when the same is considered to start with the progenitor to the one who proceeded from him; ascending, when it is considered to go up to the progenitor starting from one who proceeded from him.  Corresponds to Section 58 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1976 - Counting of degrees in direct line - In the direct line, the degrees are counted by the number of generations, excluding the progenitor.  Corresponds to Section 59 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1977 - Counting of degrees in transversal line - In the transverse line, the degrees are counted by the number of generations going up by one of the line to the stock and coming down by another, but without counting the progenitor.  Corresponds to Section 60 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1978 - Incapacity to acquire by legal succession - The persons legally incapable of acquiring by Will shall not also acquire by legal succession. 414  Corresponds to Sections 9 & 61 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1979 - Extent of legal incapacity - The legal incapacity of the heir ceases with him. His sons and descendants, if any, succeed as they would succeed, if the legally incapable person would have died, and such legal incapacity would not have existed.  Corresponds to Section 62 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. SECTION II RIGHT OF REPRESENTATION Article 1980 - Right of representation - There is right of representation, when the law designates certain relatives of a deceased person to succeed to all the rights to which such person would have succeeded, if living.  Corresponds to Section 63 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1981 - Representation in direct line - The right of representation exists always in a descending direct line, but never in the ascending one.  Corresponds to Section 64 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1982 - Representation in transversal line - In the transverse line, the right of representation exists in favour of descendants of the brothers and sisters of the deceased.  Corresponds to Section 65 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1983 - Right of the representatives - The representatives shall only inherit, as such, what the person represented would have inherited, if living.  Corresponds to Section 66 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1984 - Joint representatives - When there are various representatives of the same person, they shall share equally amongst themselves, what would have come to the person represented, if living.  Corresponds to Section 67 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 415 SECTION III SUCCESSION OF DESCENDANTS SUB SECTION I SUCCESSION OF LEGITIMATE DESCENDANTS Article 1985 - Succession of legitimate descendants - Legitimate children and their descendants succeed to their parents and other ascendants, without distinction of sex or age, although they proceed from different marriages.  Corresponds to Section 68 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1986 - Succession per capita - Where all the descendants are of the first degree, they shall succeed per capita, the inheritance being divided into as many shares as the number of heirs.  Corresponds to Section 70 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1987 - Succession ‘ per stirpes’ - Where all or some of them compete representatively, they shall succeed by stirpes or by forming branches, amongst whom the inheritance shall be distributed, and sub-divided in the branches where there is more than one heir, always observing the same rule of equality.  Corresponds to Section 71 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1988 - Succession of legitimated children - Children legitimated by subsequent marriage stand included among the legitimated children in accordance with the provision of article 119. SUB SECTION II SUCCESSION OF ILLEGITIMATE CHILDREN 416 Article 1989 - Succession of illegitimate descendants - Illegitimate children and their descendants, being legitimated by recognition or legally recognized, succeed intestate not only to their parents, but also to the other ascendants. Article 1990 - Exclusive existence of illegitimate children - Where the illegitimate child, whether legitimated by recognition or legally recognized, does not compete with legitimate issues, he shall inherit all the assets of his parents. Article 1991 - Claim by legitimate and illegitimate children - Where the illegitimate child competes for the inheritance with a legitimate child or children, it shall inherit the assets on terms laid down in article 1785. Article 1992 - Limitation on total share of illegitimate children recognized after marriage - Where the third part is not sufficient to satisfy the shares as laid down in clause 2 of article 1785, as there are many illegitimate children; all the same they shall not have the right to any other extra thing, and the third part shall be proportionately divided amongst them. SECTION IV SUCCESSION OF THE ASCENDANTS SUB SECTION I SUCCESSION OF LEGITIMATE PARENTS Article 1993 - Succession of legitimate parents - Where the legitimate son or daughter dies without descendants, his father and mother shall succeed him or her in equal shares, or in whole of the inheritance where there only exists any one of them. § Sole paragraph – What is laid down in article 1236 is saved from the provision of this article. SUB SECTION II SUCCESSION OF ILLEGITIMATE 417 PARENTS Article 1994 - Succession of illegitimate parents - Where the illegitimate son or daughter dies without issue, and without surviving spouse, the entire inheritance shall devolve upon the parents who have acknowledged him or her as their child. Article 1995 - Usufruct given to surviving spouse - Where, however, the illegitimate son or daughter dies without issues, leaving a surviving spouse, the said spouse shall have, during the life time, the usufruct of half of the inheritance. SUB SECTION III SUCCESSION OF ASCENDANTS OF THE SECOND DEGREE AND ONWARDS Article 1996 - Succession of grandparents and other ascendants beyond them - In the absence of the parents, the inheritance of the parents, the inheritance of the deceased shall devolve to the ascendants of the second degree and onwards.  Corresponds to Sections 72 & 73 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1997 - Division per capita: ascendants in the same degree - If the surviving ascendants are of the same degree, the inheritance shall be divided amongst them in equal shares, whatever may be the line to which they belong.  Corresponds to Section 74 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1998 - Ascendants who are not of the same degree - Where the ascendants are not of the same degree, the inheritance shall devolve to the nearer, without distinction of line.  Corresponds to Section 75 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1999 - Succession of illegitimate ascendants - What is provided in this division is applicable to the inheritance of the son legitimated by recognition or legally recognized, save the limitation of article 1995. SECTION V 418 SUCCESSION OF BROTHERS, SISTERS AND THEIR DESCENDANTS Article 2000 - Succession of brothers, sisters and their descendants - Where the deceased, being a legitimate child, does not leave descendants or ascendants and has not disposed of his assets, his legitimate brothers and sisters and their legitimate descendants shall inherit his or her estate without prejudice to what is provided in the sole paragraph of article 2003. § Sole paragraph – In the absence of legitimate brothers and sisters and their legitimate descendants, the brothers and sisters legitimated by recognition or legally recognized, their descendants and illegitimate descendants of legitimate brothers and sisters shall be the heirs in the same manner, without prejudice to what is provided in the sole paragraph of article 2003.  Corresponds to Section 76 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2001 - Claim by full brothers and sisters with consanguineous and uterine ones - Where the deceased leaves at the same time full brothers and sisters and consanguineous or uterine, each of the full brothers or sisters shall have double the share that shall belong of each of the other brothers and sisters. § Sole paragraph – The same provision shall be applicable when the descendants of full brothers and sisters compete with descendants of consanguineous or uterine brothers and sisters. Article 2002 - Succession of illegitimate children - Where the deceased, being an illegitimate child, does not leave descendants, nor ascendants and has not disposed of his assets, all the brothers and sisters and their descendants shall inherit his estate without prejudice to what is provided in the sole paragraph of article 2003 and the differential treatment given to full brothers and sisters in the preceding article shall be followed. SECTION VI SUCCESSION BY SURVIVING SPOUSE AND BY COLLATERALS 419 Article 2003 - Succession of surviving spouse - In the absence of descendants, ascendants, brothers and sisters and descendants of the latter, the surviving spouse shall succeed, if at the time of the death of the other they were not divorced or separated of the persons and assets, by judgment become final for want of appeal. § Sole paragraph – In the absence of descendants and ascendants as per the articles 2000 and 2002, the surviving spouse shall be the usufructuary of the estate of the deceased spouse if at the time of the death of the latter they were not divorced or separated of the persons and assets, by judgment become final for want of appeal.  Corresponds to Section 77 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2004 - Succession of legitimate transversals - Where the deceased, being the legitimate child, does not have anyone mentioned in clauses 1, 2, 3 and 4 of article 1969 and has not disposed of his assets, the legitimate collaterals shown in clause 5 of the same article shall inherit his estate. § Sole paragraph – In the absence of legitimate collaterals within the sixth degree, the illegitimate collaterals being within the sixth degree, shall inherit his estate.  Corresponds to Section 78 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2005 - Succession of illegitimate transversals - Where the deceased, being an illegitimate child, does not leave anyone mentioned in clauses 1, 2, 3 and 4 of article 1969 and has not disposed of his properties, the estate shall devolve upon his collaterals without distinction up to the sixth degree, as per the general law. SECTION VII SUCCESSION BY THE STATE Article 2006 - Succession of the State - In the absence of all the testamentary or legal heirs, the State shall succeed.  Corresponds to Section 79 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 420 Article 2007 - Juridical position of the successor State - The rights and obligations of the State, with respect to the inheritance, shall be the same as that of any other heir.  Corresponds to Section 80 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2008 - Possession of inheritance by the State - The State shall not take possession of the inheritance without a prior judgment declaring its right, as per the Civil Procedure Code.  Corresponds to Section 81 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. CHAPTER IV PROVISIONS COMMON TO TESTAMENTARY SUCCESSION AND STATUTORY SUCCESSION SECTION I OPENING AND TRANSMISSION OF INHERITANCES Article 2009 - Opening of inheritance - The inheritance opens by the death of the deceased; the place of the opening of the inheritance shall be established in the following manner: § 1 - If the deceased had domicile, the inheritance opens at the place of that domicile. § 2 - In the absence of the domicile, the inheritance opens at the place where the deceased has immovable assets. § 3 - If the deceased has immovable assets at different places, the inheritance opens where the greater part of such assets is found, such part being calculated on the basis of the respective land revenue. § 4 - Where the deceased does not have domicile nor immovable assets at any place, the inheritance opens at the place he died.  Corresponds to Section 8 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2010 - Precautionary measures in respect of movable assets of the inheritance - Where there is just apprehension that the mobiliary valuables from the inheritance may be lost, 421 any judicial authority may, upon the application of any of the parties or of the general curator and even ex-officio, order the sealing, as prescribed in the Code of Civil Procedure. Article 2011 - Transmission of ownership and possession of inheritance - The transmission of the ownership and possession of the inheritance to the heirs whether instituted or legal, takes place from the moment of the death of the estate-leaver.  Corresponds to Section 13 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2012 - When there is place for inventory - Where the heir is found absent, minor, under interdiction or unknown, recourse shall be taken to inventory and partition through court, wherever the same is required to be made.  Corresponds to Section 14 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2013 - When there is place for extra judicial partition - Where all the heirs are major and none amongst them is an absentee or under interdiction, they may agree in any manner they wish as to the partition, provided that it is done by a public deed or public act.  Corresponds to Section 15 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2014 - Juridical positions of the heirs - The heirs succeed to all the rights and obligations of the estate-leaver, which are not purely of personal nature, or excluded by the law, or by the said estate-leaver.  See Section 6 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2015 - Indivisibility of the inheritance prior to partition - Where many persons are entitled simultaneously to the same inheritance, their right shall be indivisible both in respect of possession as well as ownership, as long as the partition has not been effected.  Corresponds to Section 16 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2016 - Right of petition of inheritance in totality - Each of the co-heirs may demand the totality of the estate, to which he along with others is entitled, without the person demanded against being able to raise objection that the estate does not entirely belong to him. 422  Corresponds to Section 18 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2017 - Prescription of right to petition for inheritance - The right to petition the inheritance prescribes, in the same time and form, as immobile rights are prescribed. SECTION II ACCEPTANCE AND RENUNCIATION OF INHERITANCE Article 2018 - Forms of acceptance of inheritance - The inheritance may be accepted pure and simply or under the benefit of inventory. Article 2019 - Liabilities of the heir - The heir is not liable for the charges, beyond the value of the estate. § Sole paragraph – However, if the inheritance is accepted pure and simply, the onus is on the heir to prove that it does not consist of assets sufficient for the payment of encumbrance. If it is accepted under the benefit of inventory, and the same takes place, the onus is on the creditors to prove that in the inheritance there are other assets besides those listed in the inventory. Article 2020 - Acceptance and renunciation of distinct inheritances - One who renounces the inheritance, which comes to him from one source, is not for that reason debarred from accepting that which comes to him from another source.  Corresponds to Section 22 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. SUB SECTION I SIMPLE ACCEPTANCE AND RENUNCIATION OF INHERITANCE Article 2021 - Liberty to accept or to renounce - The acceptance or renunciation of the inheritance is an entirely voluntary and free act.  Corresponds to Section 23 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 423 Article 2022 - Nullity of partial acceptance or partial renunciation on terms or under conditions - It shall not be lawful for anyone to accept or renounce the inheritance in part, on terms or conditionally.  Corresponds to Sections 21 & 24 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2023 - Capacity to accept or renounce - It shall be lawful to accept or renounce the inheritance by all those who are entitled to free administration of their assets.  Corresponds to Section 25 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2024 - Acceptance or renunciation of one of spouses - It shall not be lawful for a married woman to accept or renounce inheritance validly without authorisation of the husband nor for a husband without consent of the wife. The authorisation of the husband and the consent of the wife may be made good judicially.  Corresponds to Section 26 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2025 - Acceptance of inheritance left to person under disability - The inheritance, left to the minors and to the persons under interdiction, may be accepted by those who represent them only under the benefit of inventory.  Corresponds to Section 27 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2026 - Acceptance of inheritance left to deaf and dumb - The deaf and dumb, who are not under guardianship and who know to write, may accept or renounce the inheritance, either by themselves or by their competent attorney; but where they do not know to write, the inheritance shall be accepted under benefit of inventory by a curator, who shall be appointed through family council.  Corresponds to Section 28 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2027 - Forms of acceptance - Conduct of the heir - The acceptance is express or tacit. § 1 - It is express, when the heir adopts such title or qualification in any public or private act. § 2 - It is tacit, when the heir does some act from which the intention of accepting is necessarily inferred, or it is of such a nature that he could not do it otherwise than in the capacity of heir.  Corresponds to Section 29 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 424 Article 2028 - Acts which do not imply acceptance - The acts purely of conservatory nature, or of provisional administration and custody of the estate, do not imply acceptance thereof.  Corresponds to Section 29 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2029 - The cession of inheritance which does not involve acceptance - The cession of the inheritance does not involve its acceptance when made gratuitously in favour of all the co- heirs to whom it would have belonged in the absence of the person who has done the cession.  Corresponds to Section 30 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2030 - Effects of judgment declaring as an heir - One who has been declared to be the heir by judgment become final for want of appeal or against whom a judgment has been passed expressly in that capacity, shall be deemed to be the heir, both in relation to the creditors or to the legatees, who had been parties to the case as also in relation to others.  Corresponds to Section 31 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2031 - Disagreement between co-heirs about acceptance or renunciation - Where the heirs do not agree about the acceptance or about the renunciation of the inheritance, some may accept it and others may renounce it; but where some want to accept simply, and others under the benefit of inventory, the inheritance shall be deemed to have been accepted under the benefit of inventory.  Corresponds to Section 32 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2032 - Transmission of right of acceptance - Where the heir dies without accepting or renouncing the inheritance, the right to do the acceptance or renunciation shall pass to his heirs.  Corresponds to Section 33 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2033 - Indivisibility of renunciation - The heir, who has accepted the inheritance of the deceased, may renounce the inheritance which the latter had not accepted at the time of his death; but the renunciation of the inheritance of the deceased shall bring with it the renunciation of whatsoever inheritance accrued to him. 425  Corresponds to Section 34 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2034 - Formalities of renunciation - The renunciation shall be made by way of a record signed by the person renouncing or by his attorney, before the judge of the place of the opening of the inheritance. § 1 - Such record shall be drawn in a book numbered, initialled and closed at the end by the judge. § 2 - Where the renunciation is made by an attorney the power of attorney shall be kept in the respective office.  Corresponds to Section 35 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2035 - Effects of renunciation - It shall be understood that the heir who renounces was never an heir, nor in such a case there is right of representation; but the renunciation of the inheritance does not deprive the person renouncing of the right to have the legacies, which might have been left to him.  Corresponds to Section 36 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 2036 - Contesting the acceptance - No one may complain against the acceptance made except: