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Section 28: Objection to sale

Succession And Wills Act

consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

28. Objection to sale (1) Where on or before the day fixed for the sale, a majority of the parties object to the sale, the notary shall draw up a memorandum of the fact, and shall warn the parties to attend on a day to be fixed by him before the Judge. (2) (a) On the day fixed, the notary shall submit his memorandum to the Judge who, after hearing the parties, if any appear, shall decide on the objection, and may give such order as may be necessary in the interest of the succession. (b) In deciding on any such objection, the Judge may order the costs of the incident, and of any fresh notices of the sale and other expenses rendered necessary by the incident, to be borne by the unsuccessful parties. (c) In no case shall the costs of the incident be made costs of the succession. (d) Where it appears to the Judge that an heir interested in the question raised has not received notice, the Judge may order notice to be given to such party.

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