L.R.O. 1/2012
LAWS OF GUYANA
IMMOVABLE PROPERTY (SALE OF INTERESTS) ACT
CHAPTER 60:01
Act
27 of 1937






1 – 5 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
LAWS OF GUYANA
2 Cap. 60:01 Immovable Property (Sale of Interests)
L.R.O. 1/2012
Note
on
Subsidiary Legislation

This Chapter contains no subsidiary legislation.





LAWS OF GUYANA
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CHAPTER 60:01
IMMOVABLE PROPERTY (SALE OF INTERESTS) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Sale and distribution of proceeds of immovable property.
4. Court shall direct sale of property of parties interested, when sale
requested by owners of a moiety or upwards.
5. Court to have discretion to order sale where sale is not requested
by owner of a moiety or upwards.
6. On sale, court may allow parties interested to bid.
7. Parties to partition suit.
8. Powers to be additional.
9. Exclusion.
10. Rules of court.
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27 of 1937 An Act to make provision in the case of dispute for the sale
of undivided interests in immovable property.
[30th DECEMBER, 1937]
Short title.

Interpretation.
1. This Act may be cited as the Immovable Property
(Sale of Interests) Act.
2. In this Act—
“the Court” means the High Court;
“owner” means any person who by transport, declaration of
title, letters of decree, inheritance or devise, has acquired
title to any share in any immovable property;

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Sale and
distribution of
proceeds.

Court shall
direct sale of
property of
parties
interested,
when sale
requested by
owners of a
moiety or
upwards.
Court to have
discretion to
order sale
where sale is
not requested
by owner of a
moiety or
upwards.
On sale Court
may allow
parties
interested to
bid.
“party” includes “owner”;
“property” means immovable property.
3. Where immovable property is owned in undivided
shares any owner may, by action, request the Court to direct a
sale of the property and a distribution of the proceeds thereof
between or among the parties interested.
4. If the party or parties interested individually or
collectively, to the extent of one moiety or upwards in the
property to which the action relates, request the Court to
direct a sale of the property and a distribution of the
proceeds, the Court shall, unless it sees good reason to the
contrary, direct a sale of the property accordingly and give all
necessary or proper consequential directions.
5. If any party interested in the property to which the
action relates requests the Court to direct a sale of the
property and a distribution of the proceeds thereof, the Court
may, unless the other parties interested in the property or
some of them undertake to purchase the share of the party
requesting a sale, direct a sale of the property and give all
necessary or proper consequential directions and in the case
of such undertaking being given the Court shall order a
valuation of the share of the party requesting a sale in such
manner as the Court thinks fit and may give all necessary or
proper consequential directions.
6. On any sale under this Act the Court may, if it
thinks fit, allow any of the parties interested in the property to
bid at the sale, on such terms as to non-payment of deposit, or
as to setting off or accounting for the purchase money or any
part thereof instead of paying the same, or as to any other
matters, as to the Court may seem reasonable.

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Immovable Property (Sale of Interests) Cap. 60:01 5
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Parties to
partition suit.

Powers to be
additional.
c. 60:03.
Exclusion.
c. 7:02
7. Any party may maintain such action against any
one or more of the parties interested without serving the
other or others (if any) of those parties and it shall not be
competent to any defendant in the suit to object for want of
parties, and at the hearing of the action the Court may direct
such inquiries as to the nature of the property and the
persons interested therein, and other matters as it thinks
necessary or proper with a view to an order of sale being
made on further consideration.
8. All powers given by this Act shall be in addition to
and not in derogation of any other powers conferred by Act,
law or custom and such other powers may be exercised in the
same manner as if this Act had not been made:
Provided however that nothing in this Act shell apply to
any land or property which may be or is subject to the District
Lands Partition and Re-allotment Act.
9. The Limitation Act shall not apply to the exercise
of any right of action conferred by this Act.
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