Section 116: Partition à l’amiable
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
116. Partition à l’amiable
Any persons who wish to make a partition of movable or immovable
property, or both, among themselves, even though some of them are minors
or absent or entrusted to a guardian, may, if they are legally represented,
proceed, à l’amiable, to the operations of account, liquidation, and partition,
without drawing lots or complying with the requirements of article 832 of
the Code Civil Mauricien, subject to—
(a) a valuation of all the movable or immovable property to be divided being made before the partition by an appraiser appointed
by a Judge;
(b) the partition being made by notarial deed before a notary chosen
by all the parties or appointed by a Judge; and
(c) the deed of partition, when drawn up, being, as regards the interests of any party to it who is a minor or person entrusted to a
guardian, submitted for approval to and approved by a Judge in
Chambers.
[Issue 1] S3 – 28
Sale of Immovable Property Act
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Questions this section answers
- Can co-owners including a minor divide property between themselves without going to auction?
- Who must approve a friendly partition deed if a minor's interests are affected?