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Report No. 86

Chapter 9

Summary of Recommendations

We summarise below the recommendations made in this Report.

Chapter 5-Power of Sale: Sections 1-2

(1) Section 2 (Power to order sale instead of division in partition suits) should be revised so as to provide that where division cannot reasonably or conveniently be made and sale of the property and distribution of the proceeds could be more beneficial, the Court shall, on the request of any share-holder, direct such sale and distribution. Further, even if no request has been made by any share-holder, the Court may, if it thinks fit in the interests of justice, for reasons to be recorded, direct such sale and distribution.1

The opening words of the section should also be revised as recommended.2

1. Para. 5.21.

2. Para. 5.20.

The Partition Act, 1893 Back

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