Bare ActsThe Gujarat Cooperative societies Act-1961

Section 128

Amendment status not verified — confirm the current text below against the official source.

(1) Where a mortgage (other than mortgage to which sub-section (2) applies) executed in favour of a [land development bank] either before or after the commencement of this Act, is called in question on the ground that it was executed by the manager of a joint Hindu family for a purpose not binding on the members thereof whether such members have attained majority or not the burden of proving the same shall, notwithstanding any law to the contrary, lie on the party raising it. Registration of mortgage in favour of 76[Land Development Banks.] XVI of 1908. XVI of 1908. III of 1909. V of 1920. Mortgages not to be questioned on insolvency of Mortgagors. IV of 1882. Right of 79[land development bank] to pay prior debrs of mortgagor. Mortgages executed by managers of joint Hindu Families. IV of 1982. [1962: Guj. X Gujarat Co-operative Societies Act, 1961 (2) A mortgage executed in favour of a 80[land development Bank] or the 81[State Land Development Bank] by the manager of a joint Hindu family in respect of a loan advanced by such bank for the improvement of agricultural lands or of the methods of cultivation or for financing any other means to raise the productivity of the land, or for the purchase of land, shall be binding on every member of such joint Hindu family, notwithstanding any law to the contrary.

Section 128 – The Gujarat Cooperative societies Act-1961 | DailyLaw.ai