Civil Law, 2020 Bar — Question VII

ESSAY

Four siblings co-own a two-hectare, commercially viable property located next to a major road. The siblings have equal shares but none of them have exerted any effort to partition the property. A large retail conglomerate then offered to purchase the entire property. Three of the siblings were willing to sell, but one refused, wanting to hold on to the land in memory of their departed parents. The three willing siblings proceeded to sell their respective shares in the property to the large retail conglomerate. After the sale, the conglomerate filed a case in court to partition the property. Should the court allow the partition? Explain briefly.

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