Cap. 308 Art. 3Partition of common property. Cap. 16.

(1) Where two or more persons hold in common any property deriving to them from an inheritance, such property may be subject to partition in accordance with the provisions of this Act on a demand made as provided in subarticle (2): Provided that no such demand shall be made except after three years have elapsed from the opening of the succession.

(2) Such demand may be made by application to the Tribunal by one or more co-owners who at the time of the opening of the succession either own between them not less than fifty per centum of the shareholding of the property so held in common or together constitute not less than fifty per centum of the number of all the co-owners.

(3) The provisions of the foregoing subarticles shall be without prejudice to the provisions of article 906 of the Civil Code.

(4) Where however an action is brought before or referred to the Tribunal in accordance with the provisions of this Act the Tribunal shall so long as such action is pending before it have exclusive jurisdiction with respect to the subject matter thereof and no other action in respect of the same claim shall be brought before any court of first instance.