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PARTITION ACT 1868 - SECT 5

On application of one party Court may direct sale, unless the other parties undertake to purchase his share.

5. 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.

© 1868 Crown Copyright

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