PROBATE AND ADMINISTRATION ACT 1898 - SECT 58
Court may order partition in a summary way
PROBATE AND ADMINISTRATION ACT 1898 - SECT 58
Court may order partition in a summary way
58 Court may order partition in a summary way
(1) In any case wherein upon such inquiry the Court is satisfied that a
partition of such real estate or any part thereof will be advantageous to the
parties interested therein, the Court may appoint one or more arbitrators to
effect such partition.
(2) The report and final award of the arbitrators
setting forth particulars of the land allotted to each party interested shall,
when signed by them and confirmed by the order of the Court, and when also
registered in the office of the Registrar-General, be effectual without the
necessity of any further conveyance to vest in each allottee the land so
allotted to the allottee, and an office copy of such award so signed,
confirmed, and registered as aforesaid, shall for all purposes be equivalent
to an indenture of conveyance to each allottee of the lands allotted to the
allottee as aforesaid.
(3) In the case of land subject to the provisions of
the Real Property Act 1900, the Registrar-General, on being served with an
office copy of any such award so signed and confirmed, shall create a folio of
the Register kept under that Act for the land so allotted to each allottee.
(4) If such allotment be made subject to the charge of any money payable to
any other party interested for equalising the partition, such charge shall
take effect according to the terms and conditions in regard to time and mode
of payment and otherwise which shall be expressed in such award without the
necessity of any further instrument being made or executed.
(5) In the case
of land subject to the provisions of the Real Property Act 1900, the
Registrar-General, when creating under subsection (3) a folio of the Register
kept under that Act as a consequence of an allotment made under subsection
(2), shall make in the folio such recording as the Registrar-General considers
appropriate with respect to any charge referred to in subsection (4) that
relates to the allotment and that is unsatisfied.
