Ex parte: Vasandakumary nee Pillay (204 of 2004) [2008] SCSC 103 (12 October 2008)

Ex parte: Vasandakumary nee Pillay (204 of 2004) [2008] SCSC 103 (12 October 2008)

The petitioner and the heirs she represents no longer wish to remain in indivision with the heirs Lamy Toussaint Faure; the appraiser's report provides a fair method of partition; the division in kind is granted as proposed.

Citation
[2008] SCSC 103
Parties
Petitioner: Marylyn Vasandakumary nee Pillay; Heirs: Heirs of Renee Pandiavanar Pillay; Heirs: Heirs Lamy Toussaint Faure
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 October 2008
Case Number
204 of 2004
Procedural Posture
Civil / Order on Petition for Division in Kind
Outcome
Petition granted
Legal Topics
Division in Kind, Co Ownership, Partition of Land
Source Language
English
Succession Property Law Division in Kind Co Ownership Partition of Land

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Parties

Marylyn Vasandakumary nee Pillay

Petitioner

Heirs of Renee Pandiavanar Pillay

Heirs

Heirs Lamy Toussaint Faure

Heirs

Procedural Posture

Civil / Order on Petition for Division in Kind

Legal Issues

  1. 1 Whether the jointly owned property Parcel C1634 should be divided in kind between the heirs of Renee Pillay and heirs Lamy Toussaint Faure

Ratio Decidendi

The petitioner and the heirs she represents no longer wish to remain in indivision with the heirs Lamy Toussaint Faure; the appraiser's report provides a fair method of partition; the division in kind is granted as proposed.

Court Disposition

Petition granted

Orders

  • Appraiser to proceed with subdivision of Parcel C1634 as per approved plan
  • Appraiser to take necessary action for registration of the subdivided plots