Goa property will

Rohan (Querist) 25 July 2021 This query is : Resolved
The goa law states that not more than 50% of the property can be disposed by way of "Will/Gift" by the testator.

Since the Goan law functions on communion of assets when 2 people get married. Hence, both the persons own 50% each of total assets.

Question 1: Here does disposable quota mean 50% of fathers/mothers share(i.e. 50% of their 50% share holding) or does it mean 50% of the total property(i.e. their entire share 100% can be disposed of by will individually)?

Question 2: If there are 2 houses and both the parents(father & mother) decide to make a "Will" stating House 'A' to one child and House 'B' to another child. Can any of the child challenge the will if any one feels the value of the house declared to be given to them in the 'Will' is of lower value.

Question 3: Can the property's declared in the will be excluded from collation?

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Quick Summary

Goan law limits wills and gifts to 50% of a property due to community asset rules upon marriage. This discussion clarifies whether the 50% limit applies to an individual's share or the total property. It also explores challenges to wills based on unequal property valuation and the possibility of excluding properties from collation under local laws. Consulting a local lawyer is recommended for specific advice.

Dr J C Vashista (Expert) 25 July 2021
Local laws apply.
it is advisable to consult a local lawyer for proper appreciation of facts and professional guidance.

P. Venu (Expert) 26 July 2021
The query suggests to be too theoretical with no reaissues.

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