1) once preliminary decree of partition is passed by court and commissioner appointed the property would be divided by metes and bounds on basis of commissioner report
2) if property is incapable of being divided by metes and bounds or it appears to court that sale is more beneficial court may direct property to be sold and proceeds divided equally between the parties
3) under section . 2 and 3 of the Partition Act, the various stages
in the Proceedings would be as follows :
1. In a suit, for partition if, it appears to the Court
that for the reasons stated in s. 2 a division of the
property cannot reasonably and conveniently be made and that
a sale of property would be more beneficial it can direct
sale. Ibis can be done, however, only on the request of the
shareholders interested individually or collectively to the
extent of one moiety or upwards. (2) When a request is made
under s. 2 to the court to direct a sale any other
shareholder can apply under s. 3 for leave to buy at a
valuation the share of the other party asking for a sale.
(3) The court has to order valuation of the share of the
party asking for sale. (4) After the valuation has been made the
court has to, offer to sell the share of the party asking
for sale to the shareholders applying for leave to buy under
s. 3. (5) If two or more shareholders, severally apply for
leave to buy the court is bound to order a sale of the share
or shares to the shareholder who offers to pay the highest
price above the valuation made by the court. (6) If no
shareholder is willing to buy such share or shares at the
price so ascertained the application Linder s. 3 shall be
dismissed, the applicant being liable to pay all the costs.