Section 263: Separation of one’s share from joint property

1) Any owner of a joint property may separate his or her right or share therein from the other owners at any time.

2) The separation of a joint property referred to in sub-section (1) shall be effected in accordance with the consent of all the owners.

3) Notwithstanding anything contained in sub-section (1) or (2), if the separation of any joint property results either in a substantial loss to the other owners or in a disorder in the form of that property, such separation may not be made.

4) If any joint property cannot be separated owing to the circumstance referred to in sub-section (3), the owners of that property shall sell such property and divide the proceeds of sale between them in proportion to their respective rights and share therein.

5) If any joint property cannot be sold in accordance with sub-section (4) or if all the owners do not agree to sell it, and any owner intends to buy such property, such an owner may exclusively own it by paying the price of that property to the other owners in the same proportion.

6) If more than one owner intends to buy the joint property pursuant to sub-section (5), the owner who agrees to pay the highest price shall be entitled to purchase such property.