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Report No. 86

5. As to Purchase of share or Party desiring sale.-

In a Suit for Partition, where, if this Act had not been passed, a Decree for Partition might have been made, then; if any party interested in the Property to which the Suit relates requests 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 may, if it thinks fit, unless the other Parties interested in the Property, or some of them, undertake to purchase the Share of the Party requesting a Sale, direct a Sale of the Property; and give all necessary or proper consequential Directions, and in case of such Undertaking being given the Court may order a Valuation of the Share of the Party requesting a Sale in such manner as the Court thinks fit, and may give all necessary or proper consequential directions.



The Partition Act, 1893 Back




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