Section 31: Distribution where notary appointed
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.
31. Distribution where notary appointed
(1) (a) The sale price may be distributed by the Master in conformity
with the Sale of Immovable Property Act where there are any creditors inscribed on the property.
(b) In the case of such a distribution, if, after collocation of the
creditors, a balance is left in favour of the succession, the Master shall collocate the succession for that balance, without naming or describing the heirs
or parties entitled to it, and such balance shall be divided by the notary as
part of the assets.
(2) Where there are no inscribed creditors, no attribution of price or other
mode of distribution shall take place before the Master, but the sale price
shall be distributed by the notary as part of the assets of the succession, and
for that purpose the Master shall forward to the notary the certificate received by him from the Conservator of Mortgages under section 170 of the
Sale of Immovable Property Act.
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Questions this section answers
- Who distributes the sale price of succession property when creditors are inscribed on it?