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Civil Law (Property) Act 2006
247Several sales in same partition proceeding
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247 Several sales in same partition proceeding
(1) This section applies if, in a proceeding for partition of property—
(a) 2 or more sales are made; and
(b) a person (the excluded person) is excluded from participation in
the proceeds of any of the sales (the excluded sale).
(2) If the excluded person establishes the person’s claim to take part in
the proceeds of another of the sales, the shares of the other people
interested in the proceeds of that sale must be reduced to the extent
that their share of the proceeds of the excluded sale were increased
by the exclusion of the excluded person from the proceeds of that sale.
(3) The amount mentioned in subsection (2) must be put towards
payment to the excluded person of the share of the proceeds of the
excluded sale that the person would have been entitled to if the person
had not been excluded.