Section 260: Management, protection and maintenance of joint property

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1) The management, protection and maintenance of a joint property shall be made as per the consent of the owners of that property.

2) Failing consent between the owners in relation to the management, protection and maintenance of a joint property pursuant to sub-section (1), the management, protection and maintenance of the joint property shall be made according to the decision of the majority members.

3) Failing a majority opinion between the owners in relation to the management, protection and maintenance of the joint property pursuant to sub-section (2), the owner who has the largest right or share in that property shall make its management, protection and maintenance.

Provided that if the owners have equal rights, all owners shall have to make management, protection and maintenance of such property on an equal basis.

4) Expenses incurred in the management, protection and maintenance of the joint property, if any, made by any owner pursuant to sub-section (2) or (3) shall be borne by all owners in proportion to their respective rights or shares.

5) The owner who does not manage, protect and maintain the joint property pursuant to sub-section (4) shall pay the expenses incurred in the management, protection and maintenance of that property to the owner who has made such management, protection and maintenance within a period of one year.

6) If any owner fails to pay the expenses incurred in the management, protection and maintenance of the joint property within the period referred to in sub-section (5), the owner who has made management, protection and maintenance thereof shall be entitled to purchase the right and share of that other owner in that property at the prevailing price. Such a purchaser of the joint property may deduct management and maintenance expenses of his or her portion.

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