Section 110: Appraisement

110. Appraisement (1) The Master may also, before deciding on the application, order an appraisement (expertise) by an appraiser to be appointed by him. (2) (a) Where an appraiser is appointed under subsection (1), he shall, within a period to be fixed by the Master, make and file his report in the Master’s Office. (b) The report shall— (i) contain, in a summary manner a description of the property, its estimated value, and the basis on which the valuation is made; and (ii) state whether or not the property may conveniently be divided in kind and, if so divisible, specify the proposed lots in accordance with articles 439, 440 and 816 to 842 of the Code Civil Mauricien. (3) It shall not be necessary to administer an oath to the appraiser. (4) The parties to the division in kind shall be summoned, by a notice served on them in person or at the domicile elected by them under section 108, not less than 4 days before the day fixed for the appraisement, to attend at the time and place where the appraisement is to be made. (5) Where the appraiser informs the Master that he cannot make and file his report within the period fixed under subsection (2) (a), due to his inability to obtain the necessary or relevant clearance, approval or permit from an administrative authority, the Master may make an order requiring the administrative authority to communicate its decision within such period as may be fixed by him. (6) The attorney for the petitioner shall, within 5 days, give written notice of the order made by the Master under subsection (5) to the administrative authority and all interested parties. [S. 110 amended by Act 15 of 2000.]