Consensual division in the presence of a deficient or incapacitated person

We begin with the praise of God Almighty, who guided us and bestowed upon us His grace, visible and inward, and prayers be upon our master Muhammad, may God bless him and grant him peace, the master of Adam's son, and on his family and companions. Consensual division is considered a contract like other contracts in which the elements and conditions stipulated by law must be met, except that it has special provisions and cases related to the eligibility of the co-partners at the time of division and cases that vary according to the presence or absence of any of the co-partners at the time of division.  In this regard, the Jordanian legislator has introduced a new provision in articles 99 and 101 of the Real Property Act, contrary to what was previously stipulated in the repealed Joint Immovable Property Division Act No. 48 of 1953. Article 94 of the Real Property Act stipulates that: "Commonality in real estate shall be removed by the disposal of the partners in it in a manner that transfers ownership or by dividing it among them, each in proportion to his share in his ownership", and article 99 of the same law stipulates that: The disposal of the commonly-owned property shall be carried out in accordance with the provisions of Articles (96) and (97) of this Law, whether among the partners there is a lack of capacity, lost capacity, absent or missing, provided that any of these representatives is represented by the guardian, guardian or trustee who acts on his behalf legally, whether in the application for the disposal of the property or in the objection thereto after obtaining permission to do so from the competent religious court."