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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 August 2012

Succession bill gives succession rights to mentally challeng

A bill tabled before the Goa Legislative Assembly yesterday sought to give property succession rights to mentally challenged persons and those born outside wedlock.

 The bill was introduced by Chief Minister Manohar Parrikar. It combines the provisions of the existing Goa Succession Act, Special Notaries Act and Inventory Proceeding Act, to create a single law: The Goa Succession, Special Notaries and Inventory Proceeding Bill, 2012.

 Parrikar said the original texts of these Acts, scattered at times between several enactments, were in Portuguese, which posed difficulties for courts, lawyers and litigants.

“This caused delays in disposing the cases. A pressing need was felt to consolidate the various provisions of law into one comprehensive, rational and integrated legislation to facilitate their application and implementation by the bench, the bar and the litigants,” the statement of objects of the Bill says.

 The chief minister said the bill had a more humane and fair outlook on illegitimacy, on the mentally challenged persons, and on those who were earlier denied property rights because of social stigma, for no fault of theirs.

 The amendment to succession law was necessary to meet the requirements of the modern times and to make the law workable, Parrikar said.



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