South Australian Current Acts

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LAW OF PROPERTY ACT 1936 - SECT 69

69—Power to order partition or sale instead of partition

        (1)         On any application for partition the court may order a partition of the said land or other property, and may give all necessary or proper consequential directions.

        (2)         On any such application if it appears to the court that, by reason of the nature of the property, or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of any other circumstance, a sale of the property and a distribution of the proceeds would be more beneficial for the parties interested than a division of the property between or among them, the court may, if it thinks fit, on the request of any of the parties interested, and notwithstanding the absence, dissent or disability of any others of them, direct a sale of the property accordingly, and may give all necessary or proper consequential directions.



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