Wife's right to share in property in Goa
Rege Prashant
(Querist) 21 December 2016
This query is : Resolved
Husband whose domicile is Maharashtra married to wife whose domicile is Karnataka. Husband is the sole owner of a flat in Goa. He is physically handicapped since last 25 years. Since 2013 wife and the only son deserted him. Younger brother had to admit him in old age home who bears all his medical and old age home charges along with the emi of home loan. Now husband wants to sell flat.
Is Goan law applicable here which says wife has equal share in property irrespective of the fact whether she is co owner or not. Right now husband is in old age home in Pune. Even his wife and son are settled in Pune.
Please advise.
Devajyoti Barman
(Expert) 21 December 2016
Since all the parties concerned are not ordinarily domiciled in GOA, the wife has no share in the property.
Rajendra K Goyal
(Expert) 21 December 2016
Discuss in detail with some local lawyer from Goa.
Explore the possibility whether he can sell his undivided share in the property, if law does not allow him to sell full property.
Kumar Doab
(Expert) 21 December 2016
In August, 2016:
THE GOA SUCCESSION, SPECIAL NOTARIES AND INVENTORY
PROCEEDING BILL, 2012
(Bill No. 13 of 2012)
has been passed.
You may carefully go thru the narration as at:
Section 1. Short title, extent, commencement and application.
and others;
http://www.goavidhansabha.gov.in/uploads/bills/335_draft_BN130F2012AI.pdf
http://goaprintingpress.gov.in/downloads/1617/1617-2-SI-OG-0.pdf
Kumar Doab
(Expert) 21 December 2016
As per the Civil Code of Goa, citizenship can be acquired either by taking birth in Goa or also if one’s father or grandfather is born there and lastly, it can be acquired through marriage.......
In your case apparently it is not applicable.
Rest local counsel can guide you the best.
Rajendra K Goyal
(Expert) 22 December 2016
Discuss the facts with local lawyer in Goa in the light of advice from expert Kumar Doab. Show him all related documents.
Guest
(Expert) 22 December 2016
Discussing With Local Lawyer each and every Author/querist will be Aware and they approach here for More clarity and understanding .
Guest
(Expert) 22 December 2016
Well advised by Mr.Kumar Doab
Guest
(Expert) 22 December 2016
Mr.R.K.Goyal Please Treat it as A request Instead of Simply Posting as " Consult your Local Lawyer " as your advise Just to Participate in the thread Kindly Post a Reasonable Advise
Rajendra K Goyal
(Expert) 23 December 2016
It would be better if the expert would have posted / contributed for the thread rather to go on posting just to satisfy his ego / irritation / frustration.
Guest
(Expert) 23 December 2016
Mr R.K.Goyal Please read my Posts once Again.
Rajendra K Goyal
(Expert) 23 December 2016
Forum would not gain anything from comments by experts on other experts / contributors.
Advocate. Arunagiri
(Expert) 23 December 2016
Those citizens who got their names registered with the Central Registry in Lisbon were considered as citizens of Portugal even though they live in Goa.
Only for them the Goa Civil code will apply.
Dear Author,
You have to state whether you or your wife have registration Lisbon.
Guest
(Expert) 23 December 2016
The Author should excuse for my Next Post
Guest
(Expert) 23 December 2016
arunagiri Waiting for your Legal Justifications in Sc/St Thread Please
Rajendra K Goyal
(Expert) 24 December 2016
We should advice on legal points of the query, should avoid commenting each other.
Such attitude does not serve any purpose for query or the forum.
Have requested time and again to avoid such adverse attitude.
Kumar Doab
(Expert) 24 December 2016
In that case go thru:
http://www.lawyersclubindia.com/experts/Regarding-property-626761.asp
as well.
Kumar Doab
(Expert) 24 December 2016
Mr. Arunagiri has pointed out to relation with Central Registry in Lisbon.
Author may examine it as well.
This is useful as anyone that would want to buy property at Goa should be aware of it.
Rajendra K Goyal
(Expert) 24 December 2016
Agree author may proceed as advised by the expert Advocate. Arunagiri.
Kumar Doab
(Expert) 24 December 2016
Mr. Arunagiri,
I have come across:: The communique of (Cabinet Minister Flank)
GOVERNMENT OF GOA to Govt. of India, Ministry of External Affairs, clarifies......The registrations in Central Registry in Lisbon, applies for period before Liberation of Goa from Portuguese regime.
http://www.nri.goa.gov.in/MEA.pdf
Subsequent to communique the Govt. of Goa has notified the BILL of 2012 in Aug,2016 and same can be pursued.
Advocate. Arunagiri
(Expert) 26 December 2016
Mr.Kumar,
I have noted the Bill, but, I have no information, on the current status of this bill.
If you have gone through the Bill, you may help me to update my knowledge in this topic.
Please give me relevant portion of the Act (not Bill), which throws light on the share of the spouse.
Guest
(Expert) 26 December 2016
Ayunagiri You are Yet To Post the Legal Justifications about Your Owned Companies Gemmia Oil Tech Ltd and Nafto gaz Ltd.(Author Please Excuse)
Kumar Doab
(Expert) 26 December 2016
Mr. Arunagiri,
I have been and I am occupied in family functions of my clan and shall remain occupied in celebrations for new year also with family and clan that is quite big.
I have as desired by you tried to search and did not get the Act. Time available was short.
I have called the o/o GOvt. of Goa and and written to them also to help to get the copy.
I shall try to post the Act as early as possible.
In the meantime if you have got the copy, you may post your comments.
I have already posted what I could with, limited understanding.
Guest
(Expert) 27 December 2016
Arunagiri You are Yet to Post the Legal Justifications about your Owned Company Gemmia Oil Tech Ltd Which had been Black Listed in BSE,SEBI and ROC AS UNTERACEABLE.All the Innocent Investors had Lost their Money and Few had Committed Suicide also.You could Post your Legal Justification in SC/ST thread .(Author of this Thread Please Excuse)
Kumar Doab
(Expert) 27 December 2016
Mr. Arunagiri,
I have got the Final copy of the BILL and Act and can be accessed at:
http://www.goavidhansabha.gov.in/uploads/bills/335_final_Bill_the_Goa_Succession.pdf
http://goaprintingpress.gov.in/downloads/1617/1617-25-SI-EOG-1.pdf#page=939
You may post your valuable comments.
I have already posted what I could with, limited understanding.
Dr J C Vashista
(Expert) 28 December 2016
I think the author is fully satisfied with the advise of experts, which I agree with them.
Neither you nor your wife are citizen of Goa hence the law of that state are inapplicable to the property owned by husband.
Kumar Doab
(Expert) 28 December 2016
Thanks for agreeing Dr. Vashista.
The links were posted since Mr. Arunagiri wanted these. His suggestion is welcome.
It can enrich the thread and discussion.
Guest
(Expert) 28 December 2016
Dear Rege Prashant,
As usual, your query seems to have been drastically derailed by one fake expert in the name of Kumar Doab.
By the way, have you been able to extract anything from the junk, what Mr. Kumar Doab has dumped on you in the name of his advice?
As usual, instead of any advice, he has made merely google search and at first loaded you with two copies of 120 pages each of the irrelevant Goan Bill pertaining to SUCCESSION, applicable purportedly after death of a person, and 42 page of the a Gazette that intended to amend "SCHOOL EDUCATION RULES, 1986", and thereafter the a copy of Gazette notification of 82 pages about SUCCESSION only, just to make you strike your head to go through hundreds of totally irrelevant & junk material not related to your problem.
A question arises, whether your problem related to succession after death of a person, OR about some educational problem of Goa. Evidently, the documents of the link: "http://goaprintingpress.gov.in/downloads/1617/1617-2-SI-OG-0.pdf" related to amend merely the SCHOOL EDUCATION RULES, 1986, which has nothing to do with your problem.
Not only that, he dumped another very irrelevant document pertaining to the request of the Commissioner for NRI Affairs of Goa to the Government of India to amend Goa, Daman & Diu (Citizenship) Order, 1962 or Rule 40 of the Citizenship
Rules, 2OO9" for the "Goans born before Liberation"
A MATTER OF COMMONSENSE (which he does not seem to have), WHAT WILL YOU DO WITH THAT REQUEST, WHETHER YOU CAN OR WOULD AMEND THE ORDER OR THE CITIZENSHIP RULES.
Further, he has also asked you to go through the link, "http://www.lawyersclubindia.com/experts/Regarding-property-626761.asp".
YOU MAY LIKE TO TELL HIM, whether you could find any solution to your problem by going through that thread.
In fact, as of his gimmicks, he is in the habit of laying a honey trap for the authors by first sidetracking the issue of the author of the question to a great extent by loading him with multiple pages of documents through his multiple posts, just to confuse him immensely and finally, he advises to contact some "very capable counsels/ lawyers," with the intention that the author be compelled to ask him to suggest whom he should consult and then to propose the name of one of his master lawyers for whom probably he works as a tout, so that he may earn commission from that lawyer.
NOW YOU WILL SEE, since I have cautioned you against his tricky actions of Mr. Doab, as usual his session to abuse me is likely to start, as he did in the link asked you to go through, i.e., "http://www.lawyersclubindia.com/experts/Regarding-property-626761.asp".
HOWEVER, HE WILL NEVER NEVER EVER OBLIGE YOU, IF YOU ASK HIM TO SHOW HIS REAL NAME, UPLOAD HIS PHOTO AND HIS DESTINATION CITY IN HIS LCI PROFILE, AS HE HAS NOT DONE IN ALMOST ABOUT 50 REQUESTS SO FAR.
You may try to ask him to update his LCI profile.
Guest
(Expert) 28 December 2016
Due to misadventure by Mr. Kumar Doab, Expert Shri Arunagiri also seemed to have assumed as if the domicile of the husband/wife pertained to Portugal, while you have very clearly stated that they belonged to Maharashtra and Karnataka.
In fact the very precise advice of Shri Devajyoti Barman, aptly applies in your case.
Advocate. Arunagiri
(Expert) 29 December 2016
Dear Mr.Kumar,
Thanks for updating my knowledge, that the bill was passed and published in the gazzete.
Yet, my opinion stands good.
Please see the
(4) It shall be applicable to,—xxx.
As per the information provided by this querist, r/w the Act, he is not covered by this Act.
Thank you for the understanding.
Guest
(Expert) 29 December 2016
Arunagiri You are Yet to Post the Legal Justifications of your owned companies Gemmia Oil tech Ltd which had been Black Listed by SEBI.ROC.and BSE for the Reasons Untraceable.Could you confirm its genuinity.All the Investors had Lost their Money and Few had Committed Suicide Also
Guest
(Expert) 29 December 2016
Author Of this Thread Please Excuse and above Post is with Public Interest who had Lost their Money and Lives Also because of Arunagiri and His Owned Company
Guest
(Expert) 29 December 2016
Dear Shri Arunagiri,
Thanks for endorsing my views with your statement, "As per the information provided by this querist, r/w the Act, he is not covered by this Act" that confirms beyond any doubt that instead of any approprtiate reply Mr. Kumar Doab misguided and misled the author by unduly loading him with irrelevant junk material of hundreds of pages from google search even without any cursory glance of the contents of the documents.
Two days ago, Mr. Doab pretended, as "I have called the o/o GOvt. of Goa and and written to them also to help to get the copy." You may like to ask which officer of which office of the Government of Goa and at which phone. His reply can reveal his exaggerated bluff about contacting the o/o Govt. of Goa.
BY & BY INSTANCES OF HIS BLUFFING 'ONE AND ALL' WOULD COME TO LIGHT IF ANALYSIS OF HIS POSTS ARE MADE SERIOUSLY.
Rege Prashant
(Querist) 14 April 2017
Dear Mr. Dhingra, in stead of mud slinging why don't you advise me the best possible solution according to your expert knowledge. I am not interested in personal vendetta here.
Rege Prashant
(Querist) 08 June 2018
Any expert advice on this matter would be appreciated
Guest
(Expert) 08 June 2018
So, you are still waiting my further advice after your terse remarks against me, by reliving your problem even after one & half years, even when I have already stated that the precise advice of Shri Devajyoti Barman aptly applies in your case?
However, I must say that instead of being thankful to me for alerting you about the wasteful, misleading and wrong advice of some fake expert, you preferred to show your unwarranted comments. In fact after such arrogance filled comments, you should not have expected any more advice from me..
But, if still in the state of confusion, better take personal advice from any of your trusted expert after detailed discussion of your problem and analysis of the case related documents.
