Section 119: Petition for sale
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.
119. Petition for sale
(1) Where an heir under benefit of inventory desires that an immovable
property belonging to a succession be sold, he shall make a petition to the
Master setting out a summary description of the property and praying that
the sale be ordered.
(2) The petition shall be communicated to the Ministère Public, and, on
his conclusions, the Master shall order the sale to take place and shall fix the
mise à prix according to section 78.
(3) The formalities and periods specified in sections 77 to 91 shall apply
to sales effected under this section.
(4) Where an heir under benefit of inventory sells an immovable property
in contravention of section 119, he shall be deemed to be a simple heir
(héritier pur et simple).
120. —
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Questions this section answers
- Can an heir ask the Master to sell an inherited immovable property?
- What happens if an heir under benefit of inventory sells inherited property without asking the Master first?