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Finally, that the Will was presented to him by the same testator, in the manner required by the law. § 1 - The record shall be read, dated and signed in conformity with the provisions of the preceding sub section. § 2 - Thereafter, and still in the presence of the same witnesses, the notary shall stitch and seal the Will, drawing up on the external side of the sheet, which serves as cover, a note declaring the name of the person to whom the Will contained therein belongs. The testator may forego such 402 external formalities; but in such a case, it shall be mentioned in the act of approval that the same were omitted at the request of the testator. Corresponds to Section 334 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1923 - Incompetency to dispose by closed Will - Those who do not know or cannot read, are not competent to make disposition by way of closed Will. Corresponds to Section 238 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1924 - Closed Will of deaf and dumb - A deaf and dumb person may make a closed Will, provided that it has been wholly written, signed and dated by his hand and that, whilst presenting it to the notary the testator shall write in the presence of all the five witnesses on the external side of the Will, that it is his last wish, and that it has been written and signed by him. § Sole paragraph – The notary shall declare in the act of approval how the testator did so write, and in the rest the provision of article 1922 shall be observed. Article 1925 - Omission of some formality - The closed Will in respect of which any of the above mentioned formalities are lacking shall be of no effect, and the notary shall be held responsible, as provided in article 1919. § Sole paragraph – The absence of any of the declarations referred to in clause 3 and 4 of article 1922 shall not invalidate the Will, as long as it is found that it has been really initialled or that it does not have any blot, correction, interlineation or marginal note. Corresponds to Section 336 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1926 - Delivery of the Will - Once the Will is approved and closed, it shall be delivered to the testator, and the notary shall enter in his book a note containing the place, day, month and year on which the Will was approved and delivered. Corresponds to Section 337 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1927 - Custody of the Will - The testator may retain the Will with him, entrust it to a person of his confidence, or deposit it in the testamentary archive of any administrative district. Corresponds to Section 338 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 403 Article 1928 - Custody of the Will in the Secretariat of the Civil Government - For the purpose mentioned in the preceding article there shall be in the secretariat of each civil Government a safe with two keys, one of which shall be with the Civil Governor, the other with the Secretary General. Corresponds to Section 338 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1929 - Deposit of the Will in the testamentary archives - The testator, who may wish to deposit his Will in the testamentary archive shall present himself along with it before the Civil Governor, and the latter shall cause the drawing up of the record of delivery and deposit in a book of registration kept for the purpose which shall be signed by the Civil Governor, by his Secretary General, and by the testator. § Sole paragraph – The presentation, and the deposit may be done through an attorney; but in this case the power of attorney shall be annexed to the Will. Corresponds to Sections 338 & 339 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1930 - Removal of the Will - The testator may remove his Will, whenever he desires, but the restitution shall be made by following the formalities applicable to the deposit. Corresponds to Section 345 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1931 - Power of attorney for removal of the Will - The power of attorney for the removal of the Will shall be made by a notary and signed by four witnesses, and registered in the competent book. Corresponds to Section 340 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1932 - Opening of the Will - The closed Will shall be opened or published in the following manner. Corresponds to Sections 340 & 341 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1933 - Act of opening or publication - After the death of the testator has been verified, or in the case of article 66, where the closed Will is in possession of a private person, or it 404 appears amongst the effects of the deceased, it shall be taken to the administrator of the taluka, who, in the presence of the presenter and of two witnesses, shall cause to draw the act of the opening, or of the publishing, wherein the conditions in which the Will is presented shall be mentioned, and whether it is or is not as described in the record of the closing. § Sole paragraph – When, for any reason, it is not possible to approach promptly the administrator of the taluka, the Will may be taken to the head official of the village, who, for the purposes of this article, shall take the place of the administrator of the taluka. Corresponds to Section 341 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1934 - Book of the acts of opening - The record, mentioned in the preceding article, shall be entered in a numbered book, initialled and signed at the end by the Civil Governor. § Sole paragraph – When the opening is made by the head official of the village, such act shall be drawn up on the external leaf of the Will or in case there is no space left therein, on an annexed leaf and the said Will along with the act shall be forwarded to the administrator of the taluka, within the next twenty four hours, in order to be entered in the appropriate book, and for other purposes, dealt with in article 1935. Corresponds to Section 343 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1935 - Registration of the Will - Once the act of opening or publication is entered in the book, the administrator shall cause the registration of that Will in an appropriate book, entering on the original the note, initialled by the same administrator, as to how it was opened and registered and whether anything suspicious was noticed or not. § Sole paragraph – The original of the Will shall always be kept in the administration of the taluka, with due security, under the responsibility of the administrator. Corresponds to Section 344 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1936 - Opening of the Will deposited with Civil Government - Where the Will has been deposited in the archive of the civil government, upon verification of the death of the testator, it shall be opened in the presence of the governor, of the one who applied for the opening and of two more witnesses, and in the rest whatever is provided in this regard shall be observed. Corresponds to Section 341 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 405 Article 1937 - Non presentation of Will - Every person, who has in his possession a closed Will, and, in the case of article 66, does not present it, or, in case of death of the testator, does not present it within three days, from the date of the knowledge of the death, shall be liable for compensation for damages. Where the non presentation is due to deceit he shall besides this, lose any right that he might perhaps have to the inheritance of the testator, apart from being subject; to the punishment that he might have incurred under the penal law. Corresponds to Sections 10 & 239 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1938 - Fraudulent removal of the Will - One who fraudulently removes the Will from the effects of the testator or from the possession of any person with whom it is deposited, shall be similarly subject to the damages, loss of inheritance and imposition of punishment. Corresponds to Sections 10 & 240 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1939 - Closed Will which is already open - Where the Will is found open, whether amongst the effects of the testator, or in the possession of someone else, but without any other vitiation, it shall not be annulled for this reason. § Sole paragraph – In such case it shall be presented, as it is, to the administration of the respective taluka, where the act with said particulars shall be drawn up and the provisions of articles 1933, 1934 and 1935 shall be followed. Corresponds to Section 241 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1940 - Defective or torn Will - Where the Will is found open and defective or torn, the following distinction shall be made: where the Will is found cancelled and obliterated, or torn, either in the effects of the testator or in the possession of someone else in such a way that it is not possible to read the original disposition, it shall be deemed as not having been written; but where it is proved that the vitiation was done by any person, other than the testator, the provision of article 1937 which is applicable to the persons who fraudulently hide or remove the Will, shall be applied to such person. Corresponds to Section 242 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. 406 Article 1941 - Presumption as to who did vitiation - The vitiation shall be presumed to have been made by the person to whose care the Will was entrusted, until the contrary is not proved. Corresponds to Section 243 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1942 - Alterations with errata note and signature of the testator - Where the Will is found only altered, or partly amended by the handwriting of the testator, with an errata note and signature, it shall not be annulled for this fact, and the said amendments shall be taken as a part of the same. Article 1943 - Torn Will found in the effects of the testator - Where the Will is found to be torn, or reduced to pieces amongst the effects of the testator, it shall be deemed as not written, even though it may be possible to gather the pieces and read the disposition, except where it is already proved, that the fact occurred after the death of the testator or was caused by him when unsound. Corresponds to Section 244 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. SUB SECTION IV MILITARY WILL Article 1944 - Military Will - Military Will is that which may be made by soldiers, and by civil employees of the army in military operations outside the country, or even within the country, when they are under siege in closed fortress, or they are residing in the territory, communications to which have been cut off, in the event there is no notary in such fortress or territory. Article 1945 - Solemnities of military Will - The soldier or the civil employee of the army, who is desirous of making a Will, shall declare his last wish in the presence of three competent witnesses and of the auditor of the respective divisions, or in his absence, of any officer of commissioned rank. The auditor or the officer in his substitution shall write the testamentary disposition. 407 § 1 - Where the testator is injured or ill, in the absence of auditor or officer, his duties may be performed by the chaplain or by the physician of the hospital wherein the injured or ill person is found. § 2 - The disposition shall be read, dated and signed as provided in articles 1914 and 1915. § 3 - Such Will shall be forwarded as soon as possible to the Army headquarters and from there to the War Ministry, who will cause it to be deposited in the testamentary archive of the administrative district, where the said Will shall take its effect. § 4 - After the death of the testator, the government shall publish the news of his death in the government gazette mentioning therein the archive wherein the Will has been deposited. § 5 - Such Will shall be of no effect after one month from the date of the return of the testator to the country, or of the cessation of the siege or of the incommunicability of the territory, where the same Will was made. Article 1946 - Will made in the hand of the testator - Where the soldier or the civil employee knows to write he may make the Will by his own hand, provided that he dates and signs it in full and presents it, open or closed, in the presence of two witnesses, to the auditor or to the commissioned officer who substitutes him for such purpose. § 1 - The auditor or officer to whom the said Will has been presented, shall make, in any part thereof, a note containing the place, day, month and year in which it has been presented; such note shall be signed by him and by the aforesaid witnesses and the Will shall be forwarded in the manner mentioned in paragraph 3 of the preceding article. § 2 - Where the testator is ill or injured, the chaplain or the physician may perform the duties of the auditor or of the officer. § 3 - What is laid down in paragraphs 4 and 5 of the preceding Article is applicable to this kind of Will. Article 1947 - Omission of some formality - The military Will, in respect of which any of the formalities mentioned in article 1945 and paragraphs 1 and 2, and 1946 paragraphs 1 and 2 are lacking, shall be of no effect. SUB SECTION V MARITIME WILL 408 Article 1948 - Maritime Will - Maritime Will is that which is made in the high seas on board the ships of the State, by soldier or civil employees in public service. Article 1949 - Execution of the Will - The disposition shall be written by the clerk of the ship or by one who substitutes him, in the presence of three competent witnesses and of the captain, and shall be read, dated and signed, as laid down in the article 1914. Article 1950 - Will of the captain or clerk - Where the captain or the clerk is desirous of making a Will, their substitutes shall perform their duties. Article 1951 - Will made in the hand of the testator - Where the soldier or the civil employee knows how to write, he may make the Will by his own hand, provided that he shall date and sign it in full and present it, open or closed, in the presence of two witnesses and of the captain of the ship, to its clerk or to one who substitutes him. § Sole paragraph – The clerk of the ship shall make in any part of the same a note containing the place, day, month and year on which it was presented and such note shall be signed by him and by the witnesses and initialled by the captain. Article 1952 - Duplicate and custody of the Will - The Maritime Will shall be made in duplicate, kept amongst the papers on board, and mentioned in the diary of the ship. Article 1953 - Deposit of the Will before Portuguese consular authorities - Where the ship enters any foreign harbour having a Portuguese consul or vice-consul, the captain of the ship shall deposit in custody of the said consul or vice-consul one of the copies of the Will, closed and sealed together, with one copy of the note, which should have been recorded in the diary of the ship. Article 1954 - Delivery of the Will to the national maritime authority - The ship having entered into the Portuguese territory, the other copy or both, if none of them has been kept at 409 another place, shall be delivered to the naval authority of the place, in the manner declared in the preceding article. Article 1955 - Receipt of the delivery - In any of the cases mentioned in two preceding articles, the captain of the ship shall take receipt of the delivery and shall mention it by way of note in the competent place in the diary of the ship. Article 1956 - Report of the delivery - The said consul or vice-consul or naval authorities, as soon as they receive the above mentioned documents, shall draw a report of delivery and it shall be forwarded as soon as possible together with the said documents to the Naval Ministry. Article 1957 - Deposit of the Will - Such ministry shall cause the Will to be deposited in the manner provided at the end of paragraph 3 of article 1945. Article 1958 - Lapsing of maritime Will - The maritime Will shall produce its effects, only when the testator dies at sea, or within one month from the date of landing of the said testator in Portuguese territory. Article 1959 - Death of the testator at sea - Where the testator dies at sea what is prescribed in paragraph 4 of the article 1945 shall be observed. Article 1960 - Omission of some formality - The maritime Will in respect of which any of the formalities mentioned in articles 1949, 1950 and 1951 are lacking, shall be of no effect. SUB SECTION VI EXTERNAL WILL OR WILL MADE IN A FOREIGN COUNTRY Article 1961 - External Will - The Wills made by Portuguese in foreign country will produce their legal effects in the kingdom when drawn authentically in accordance with the law of the country where they have been executed. 410 Corresponds to Section 246 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1962 - Will received by Portuguese consular authorities - The Portuguese consuls or vice consuls may act as notaries in the execution or approval of the Wills of Portuguese subjects, provided that they are in accordance with the Portuguese law, except in respect of nationality of the witnesses, who may, in such cases be foreigners. Corresponds to Section 246 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1963 - Copy to be sent to the Ministry of External Affairs - As soon as any Will has been drawn in the book of registration, the consuls or vice-consuls shall transmit one copy to the Ministry of External Affairs, who shall take steps as provided in paragraph 3 of article 1945. Corresponds to Section 246 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Article 1964 - Formalities to be observed in case of closed Will - In the case of closed Will, the consul or vice-consul, who has drawn the act of approval, shall copy in the respective book the act of approval and shall send such information to the government through Ministry of External Affairs. § Sole paragraph – In case the Will has been delivered to the custody of the consul or vice-consul, the depository shall mention such circumstances and shall issue a receipt of the delivery. Article 1965 - Will made by a foreigner in a foreign country - The Will made by a non- Portuguese subject outside Portugal, will produce its effects in this kingdom even in respect of properties existing therein, when in the execution of the Will the provisions of the law of the country where it has been executed have been observed. Corresponds to Section 246 of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. SUB SECTION VII COMMON PROVISIONS TO VARIOUS FORMS OF WILL 411 Article 1966 - Persons incompetent to be witnesses, certifiers or interpreters in a Will – The following persons cannot be witnesses, certifiers or interpreters in a Will: