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Report No. 86

3. Power to Court to order sale instead of Division.-

In a Suit for 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 Parties interested or presumptively interested therein, or of the Absence of 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 of proper consequential Directions.

The Partition Act, 1893 Back

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