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Section 86: Change in conditions of sale

Sale Of Immovable Property Act · PART III: PROPERTY OF MINORS

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.

86. Change in conditions of sale (1) A judgment or inscribed creditor may— (a) apply for an amendment of the memorandum of charges; or (b) demand that the proceedings be declared null. [Issue 1] S3 – 22 Revised Laws of Mauritius (2) The application shall be made— (a) at least 10 days before the day of sale; and (b) by petition to the Master, specifying in a summary manner the nature and grounds of the application. (3) The Master shall make his order on the petition appointing a day for hearing. (4) The petition, with the Master’s order, shall be— (a) served on the parties who, by the petition and order, are required to show cause, 5 days before the day of hearing; and (b) made known within the period under paragraph (a), to creditors by an advertisement in 3 daily newspapers— (i) specifying in a summary manner the nature of the application or demand; and (ii) informing them of their right to intervene, if they wish, before the Master on the day of hearing. (5) A creditor who wishes to appear shall do so at his own cost, unless the Master, on dismissing the petition, orders the petitioner to pay the costs of that creditor.

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