TASIn ForceAct
Partition Act 1869
5As to purchase of share of party requesting sale
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### 5 As to purchase of share of party requesting sale
> *\[Section 5 Amended by 25 Geo. V No. 78 \]*
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> > (1) In an action for partition, where, if this Act had not been passed, an order for partition might have been made, then, if any party interested in the property to which the action relates requests the Court to direct a sale of the property and a distribution of the proceeds instead of a division of the property between or among the parties interested, the Court may, if it thinks fit, unless the other parties interested in the property, or some of them, undertake to purchase the share of the party requesting a sale, direct a sale of the property, and give all necessary or proper consequential directions.
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> > (2) Where such undertaking is given, the Court may order a valuation of the share of the party requesting a sale in such manner as the Court thinks fit, and may give all necessary or proper consequential directions.