Section 78: Fixing price and conditions
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.
78. Fixing price and conditions
(1) Where a Judge in Chambers authorises a sale of immovable property
belonging to a minor, he shall, in the order authorising the sale, specify the
conditions of the sale and shall fix a mise à prix based on—
(a) an examination of the title deeds of the property;
(b) any existing lease of the property;
(c) the rental value of the property; and
(d) the estimated value of the property for the purposes of assessment for the payment of any tax or rate.
(2) Where the Judge is unable to satisfy himself as the value of the property in accordance with subsection (1), he shall, instead of fixing the mise à
prix, direct by order that the mise à prix be determined by an appraiser.
(3) Where an order is made under subsection (2), the appraiser shall,
within a period to be fixed by the Judge in the order, make his report which
shall, in a summary manner, give a description of the property and of the
basis on which he has made his estimate.
Ask juris about this section Official source
Questions this section answers
- How does a judge decide the minimum starting price when authorising the sale of a minor's property?
- What happens if a judge cannot work out the value of a minor's property being sold?