Alcindor & Anor v Alcindor & Anor (CS 61/1995) [1998] SCSC 23 (21 December 1998)

Applicants must satisfy the court that they are entitled to undivided shares by complying with statutory requirements, including registration of heirs and transmission on death, before applying for division in kind; mere agreement of parties is insufficient.

Citation: [1998] SCSC 23
Parties: Plaintiff: Alcindor & Or; Defendant: Alcindor & Or
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 21 December 1998
Case Number: CS 61/1995
Procedural Posture: Civil / Ruling
Outcome: application dismissed for non-compliance with statutory requirements
Legal Topics: Division in Kind, Co Ownership, Transmission on Death, Registration of Heirs
Source Language: English

Property Law Succession Law Division in Kind Co Ownership Transmission on Death Registration of Heirs

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Alcindor & Or

Plaintiff

Alcindor & Or

Defendant

Procedural Posture

Civil / Ruling

Legal Issues

1 Whether the application for division in kind under section 107(2) of Cap 94 should be granted on the concurrence of the parties alone, without a hearing of Court
2 Whether the transmission on death under section 71(1) of Cap 107 should precede an application by a co-owner for division in kind

Ratio Decidendi

Court Disposition

application dismissed for non-compliance with statutory requirements

Orders

Applicants must satisfy the court of their entitlement to undivided shares; mere agreement is insufficient.
Transmission on death under Cap 107 must precede application for division in kind under Cap 94.