Bare ActsThe Tripura Co-operative Societies Act 1974

Section 125

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

(1) Where a mortgage is executed in favour of a co-operative land development bank for payment of prior debts of the mortgagor, such bank shall, notwithstanding anything contained in the Transfer of Property Act, 1882, by notice in writing, require any person to whom any such debt is due to receive payment of such debt or part thereof from the bank at its registered office, within such period as may be specified in the notice. (2) Where any such person fails to accept such notice or, to receive such payments, such debt or part thereof, as the case may be, shall cease to carry interest from the expiry of the period specified in the notice ; Provided that where there is a dispute as regards the amount of any such debt, the person to whom such debt is due shall be bound to receive payment of the amount agreed by the co-operative land development bank towards the debt, but such receipt shall not prejudice the right, if any, of such person to recover the balance claimed by him. 126 (1) Mortgages, in respect of loans by a co-operative land development bank, either before or after the commencement of this Act, by the manager of Hindu joint family for any of the purpose mentioned in section 115 shall be binding on every member of such joint Hindu family, notwithstanding any law to the country. (2) In other cases, where a mortgage executed in favour of a co-operative land development bank either before or after commencement of this Act. is called in question on the ground that it was executed by the manager of a Hindu joint family for a purpose not binding on the members (whether such members have attained majority or not) threof, the burden of providing the same shall, not withstanding any law to the contrary, lie on the party alleging it.

Section 125 – The Tripura Co-operative Societies Act 1974 | DailyLaw.ai