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[Cites 0, Cited by 14] [Entire Act]

State of Jammu-Kashmir - Section

Section 2 in The Partition Act, 1977

2. Rower of Court to order sale instead of division in partition suits.

- Whenever in any suit for partition in which, if instituted prior to the commencement of this Act. a decree for partition might have been made, it appears to the Court that, by reason of the nature of the property to which the suit relates, or of the number of the shareholders therein or of any other special circumstance, a division of the property cannot reasonable or conveniently be made, and that a sale of the property, and distribution of the proceeds would be more beneficial for all the shareholders, the Court may. if it thinks lit. on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.