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| 30 Partition of land subject to fidei commissum |
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30 Partition of land subject to fidei commissum (1) Any piece of land the whole or any share of which is subject to a fidei commissum may, where partition has not been prohibited, be partitioned with the written consent of the fidei commissary heirs or successors if they are ascertained and are majors and otherwise competent; if they are ascertained but any of them are minors, the consent of the Master shall be produced in respect of the minors; if they are ascertained but any of them have been declared insolvent, or if they are under curatorship or otherwise under disability the consent of their trustees or curators or other legal representatives shall be produced on their behalf; if they are not ascertained or if they cannot be found, proof shall be produced to the satisfaction of the registrar that the land awarded in the agreement of partition to the owner of any share subject to the fidei commissum is an equivalent of that share. (2) The land so awarded shall in the deed of partition transfer be made subject to the fidei commissum in the same manner as the corresponding share was in its title deed made subject thereto before partition. |
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