Section 42: Close of partition
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.
42. Close of partition
(1) It shall not be necessary to summon the parties to appear before the
notary for the purpose of taking cognisance of the deed of partition, but the
notary shall, by letter delivered into the hands or at the residence of the
parties, advise them to attend.
(2) Where a person who has not accepted the deed fails to attend on
such notice by letter, the notary may require the more diligent party to
summon the other party, and the costs of summoning the party shall be
costs of partition.
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Questions this section answers
- Do the parties to a small succession partition need to be formally summoned to see the deed?