Goa property inheritance
Manish Lal
(Querist) 19 January 2012
This query is : Resolved
Sir/Madam,
My father had purchased a flat before his marriage. After his mariage, as per goa communion of assets law, my mother become 50% co-sharer in th flat. After my fathers death, 50% right devolved upon my mother, 25% to me and 25% to my sister, married. Now my sister (+ her husband) wishes to gift her entire 25%, along with her my mother also wishes to gift her entire 50%, to me. Is this legally valid?? Does the portuguese law of "Disposable quota" aplly to self-acquired property as is the case with my father?
prabhakar singh
(Expert) 19 January 2012
Many of us may not be well aware of law referred by you,at least I can not say any thing with certainty about Portuguese Law of "Disposable quota".
In general circumstances a GIFT deed is quite possible and lawful provided it is made by a registered deed accompanied by possession by donors and acceptance by donee.
Better consult a local lawyer.
M/s. Y-not legal services
(Expert) 19 January 2012
yes.. better you may consult a local advocate.. he can guide you better than us..
-tom-
Raj Kumar Makkad
(Expert) 19 January 2012
# Prabhakar Singh ji & tome!
Please do not presume about other experts and let them reply. Why do you issue certificate to the effect as you do not know the reply, other experts also dont know.
Raj Kumar Makkad
(Expert) 19 January 2012
Goa is the only state in India which continues to be governed by Portuguese Laws with respect to Family Laws relating to Marraige and Succession Laws and the corresponding laws of India are not extended to the state of Goa. Portuguese law is however applicable only to a Goan. A Goan citizenship under Article 18 of the Portuguese Civil Code, is acquired by i) birth in Goa, or whose father in born in Goa or whose grandfather is born in Goa or ii) a woman by virtue of marraige or iii) by naturalisation
By default every Goan marries under a system called Communion of Assets, whereby, from the time of his marriage, his spouse acquires half undivided right in the assets of the other, unless there is a contract called Ante Nuptial Contract is executed to avoid such system of law.
In the matter of gratuitous disposition of properties i.e by will or gift, there is a prohibition by which no disposition can exceed half right of a person. This is called disposable quota and the remaining part is called non disposable quota. If the said disposition exceeds the disposable quota, there is a compulsory reduction done in the inventory proceedings which is called inofficiousness. The donee’s legatees are expected to bring back the property gifted/bequeathed to for the limited purpose of evaluation to see if it exceeds the disposable quota and this process is called “collation”. However a donor/ testator can specifically provide in the instrument that the gift/bequest will not be liable for collation to save the property from being brought back for collation.
M/s. Y-not legal services
(Expert) 20 January 2012
Basic Information on Inheritance Law in Portugal
Inheritance and successionInheritance Tax
Inheritance Tax has been abolished in Portugal. There is still a 10% stamp duty charge on transfer of assets. Gifts or donations to a spouse, children, parents or grandparents are exempt.
Inheritance tax laws in Portugal date back to 1899 and as such contain a number of anomalies.Where due, inheritance tax is payable by the recipient rather than the donor.
There is a very strange exemption where bank accounts held in Portugal by non-residents are not liable for inheritance tax so long as this is the only asset the deceased possesses in Portugal. Non-residents are otherwise liable to full Portuguese inheritance tax.
Inheritance tax calculation in Portugal is tortuous and is based on both the relationship between donor and recipient as well as the value of the capital items.
Relationships are broken into four classes with values divided into seven bands. This results in a liability ranging from 0 to 50 per cent depending on the relationship and value. The resultant tax is payable over a period of three years in six monthly instalments.
Succession law for Portuguese residents protects the rights of inheritance of certain of your heirs, known as "reserved heirs". These rights cannot be overridden by the terms of a will.
These rights are quite complex and cannot be examined in full here,but an example is that a surviving spouse is entitled to two thirds of the estate with only one third available for free distribution.
For non-residents in Portugal, however, the deceased's national law takes precedence which means that Portuguese succession laws will not apply.
-tom-
M/s. Y-not legal services
(Expert) 20 January 2012
The inheritance laws are particularly interesting. As both spouses own the property in common, in case of the death of one spouse the other spouse retains ownership over half of the property.
According to the Portuguese Law of Succession, half of the remaining property is necessarily shared equally by the male and female offspring. In the absence of descendants, the parents or ascendants are entitled to this share. And in their absence, the brothers and sisters and their descendants are entitled to the said share.
It is clearly impossible for parents to disinherit their children entirely, as only half of the property can be disposed of through a will, according to their wishes.
-tom-
M/s. Y-not legal services
(Expert) 20 January 2012
ok now makkad sir?
"yes.. better you may consult a local advocate.. he can guide you better than us"- this is my advise to this author sir.. whats wrong with my answer.
we may be in hall of fame in this site sir. of course you may be no.1. but am sure, a local advocate may be more knowledge in this issue. [more knowledge mean more than us]
can you deny it sir?
-tom-
prabhakar singh
(Expert) 20 January 2012
My dear Makkad ji !!!!!
I am so sorry if my answer hurt you.I beg pardon of other's too.Honestly speaking as I never come across a Goa's expert on this site I wrote it so innocently.
Now a days I am a little sick and a little over load as well as facing cold too,hence have little time for searches.
I am obliged you added some thing more to my knowledge.
My brother TOM has done it even better which is a welcome affair and I am happy.
I think we should , honestly speaking,not deny facts, as we can not say us experienced experts with regard to local laws and customs and usages we have never faced and handled in life.
Then TOM is still right that a local practicener would be able to speak more better than us.
Advocate. Arunagiri
(Expert) 20 January 2012
Giving a legal opinion is based on the laws. It is not necessary to be a local advocate.
But, for conducting a case and to give a better opinion based on the documents, a local advocate is the best.
At the same time, there is nothing wrong in the opinion of Mr.Singh and Mr.Tom.
Mr.Singh had stated that many of us do not know the law. It does not mean, none of us knows it.
Many includes Arunagiri, rest of others who knows the act includes Mr.Makkad.
Even if we do not know, we can get it from the web and can give opinion.
M/s. Y-not legal services
(Expert) 20 January 2012
thank you prabhakar sir..and thank you arunagiri sir..
dear makkad sir., you can see my earlier replys to laymen.. mostly i will be giving solution only rather than teaching about law.. solution also will be in very formal words without using legal words.,
rarely i will be doing some copy and paste works., thats all. my intention not to hurt any experts.,
"you also please dont assume that if we ask the author to consult an advocate mean., we dont know the answer"
-tom-
Shonee Kapoor
(Expert) 31 January 2012
Nice discussion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
