Licitation of asset which is not susceptible to division without detriment

(1) Where any party to the proceeding applies that an asset, which by its nature is not susceptible to division without detriment, be put to bid but, any co-heir having a major share in it other than by reason of marriage, succession, gift or bequest by the person who leaves the inheritance and such co-heir objects to the licitation, then the licitation shall not be held. In this eventuality, the party may apply for a second valuation. (2) Second appraisal may also be made when the said co-heir applies for a second valuation on the ground that the thing in which he has the major share, has been overvalued. (3) The head of family may, at the time he submits the list of assets, raise the issue of indivisibility of the properties and, if he raises such an issue, the valuer shall give his opinion on the divisibility at the time of the valuation. When such an issue is raised at a later stage and there is no agreement between the parties, the issue shall be decided after hearing the valuer. (4) Where the thing is not subject to valuation the question of indivisibility shall, in the absence of agreement, be decided by the court after the expert appointed by the court inspects the properties and gives his report. (5) The provisions herein contained are also applicable where there are no forced heirs and the estate leaver has gifted to one of the co-heirs, legal or testamentary, a major share in the thing which, by nature and without detriment cannot be divided and so also where in terms law or by reason of a contract, the things cannot be put to licitation or bid.