Bare ActsThe Gujarat Cooperative societies Act-1961

Section 138

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

(1) Where a sale of mortgaged property has become absolute under section 136 and the sale proceeds have been received in full by the 90[land development bank], the bank shall grant a certificate to the purchaser in the prescribed from certifying the property sold, the sale price, the date of its ale, the name of the person who at the time of the sale is declared to be the purchaser, and the date on which the sale became absolute; and upon the production of such certificate the Sub-Registrar appointed under the Indian Registration Act, 1908, within the limits of whose jurisdiction the whole or any part of the property specified in such certificate is situated, shall enter the contents of such certificate in his register to immovable property. (2) (a) Where the mortgaged property sold is in the occupancy of the mortgagor, or the some person on his behalf, or some person claiming under a title created by the mortgagor, subsequent to the mortgage in favour of the 93[State Land Development Bank] or the 94[land development bank], and a certificate in respect thereof has been granted under sub-section (1) the Court shall, on the application of the purchaser, order delivery to be made by putting such purchaser or any person whom he may appoint to receive delivery on his behalf in possession of the property. (b) where the property sold is in the occupancy of a tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under sub-section (1) the Court shall, on the application of the purchaser and after notice to such tenant or other person, order the delivery to be made by affixing copy of the certificate of sale in a conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode at some convenient place that the right, title and interest of the mortgagor have been transferred to the purchaser. (3) where any property is sold in the exercise or purported exercise of power of sale under section 134, the title of the purchaser shall not be XVI of 1908. Certificate to purchaser, delivery of property and title of purchaser. 1962: Guj. X] Gujarat Co-operative Societies Act, 1961 questioned on the ground that the circumstances required for authorizing the sale had not arisen, or due notice of the sale was not given, or the power of sale was otherwise improperly or irregularly exercised.

Section 138 – The Gujarat Cooperative societies Act-1961 | DailyLaw.ai