ARRANGEMENT OF SECTIONS
1 Short title
Action for partition to include action for sale
3 Power of Court to direct sale instead of division
4 Sale on application of parties interested to the extent of one moiety
5 As to purchase of share of party desiring sale
6 As to request for sale or undertaking to purchase on behalf of persons under disability
7 As to terms on which parties interested may bid
8 Parties to partition suits; and proceedings therein
9 Power to Court in certain cases to dispense with service of notice of judgment
10 Power to declare parties trustees; and to make orders thereon
11 Provisions as to proceeds of sales of property where service of notice is dispensed with
12 How sale moneys to be paid
13 Provisions in case of two or more sales of property
14 Jurisdiction of Resident Magistrates, Courts in partition cases
15 Powers and privileges of Commissioners in partition
Form of summons
16 Duties of witnesses
17 Costs of commissions and witnesses
18 Power as to costs
19 Power to make rules of Court, and effect thereof
THE PARTITION ACT
[Date of Commencement: 15 June, 1873]
33 of 1965,
6 of 1987,
32 of 1995.
This Act may be cited as the Partition Act.
(1) In this Act-
"action" includes a said,
"judgement" includes" a decree or order;
"the Court," means the Supreme Court or a Resident Magistrate's Court of a parish, within their respective jurisdictions.
(2)Action for partition to include action for sale.
For the purposes of this Act, an action for partition shall include an action for sale and distribution of the proceeds; and in an action for partition it shall be sufficient to claim a sale and distribution of the proceeds, and it shall not be necessary to claim a partition.
In a suit of partition, where, if this Act had not been passed, a decree for partition might have been made, then if it appears to the Court that by reason of the nature of the property to which the suit relates, or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of any other circumstance, a sale of the property and a distribution of the proceeds would be more beneficial for the parties interested than a division of the property between or among them, the Court may, if it thinks fit, on the request of any of the parties interested, and notwithstanding the dissent or disability of any others of them, direct a sale of the property accordingly, and may give all necessary or proper consequential directions.
In a suit for partition, where, if this Act had not been passed, a decree for partition might have been made, then if the party or parties interested, individually or collectively, to the extent of one moiety or upwards in the property to which the suit relates, request the Court to direct a sale of the property, and a distribution of the proceeds, instead of a division of the property between or among the parties interested, the Court shall, unless it sees good reason to the contrary, direct a sale of the property accordingly, and give all necessary or proper consequential directions.
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