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432 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 433 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 434 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 435 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 436 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 437 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: