Section 40: Partition à l’amiable

40. Partition à l’amiable (1) Subject to subsection (2), the heirs may make a partition à l’amiable of movable and immovable property, even where some or all of them are minors or absent if they are legally represented, without it being necessary to draw lots or to comply with article 832 of the Code Civil Mauricien. (2) (a) Before the partition, an inventory shall be made by the notary under this Act, and a valuation of the movable and immovable property shall be made, by a competent person appointed by the Judge, on the joint application of all the heirs. (b) A memorandum of the proposed partition drawn up by the notary shall be accepted by the parties of age and the guardians of any minors. (c) Where minors are concerned, the partition shall be subject to the approval of the Ministère Public.