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PARTITION ACT 1868 - SECT 3

Power to Court to order sale instead of division in suit for partition.

3. 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 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.

© 1868 Crown Copyright

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