Mortgage executed by managers of Hindu joint families or natural or legal guardians of minors or disabled persons

44 P. Mortgage executed by managers of Hindu joint families or natural or legal guardians of minors or disabled persons. –

1. (1) Mortgages, in respect of loans by a Land Development Bank either before or after the commencement of the Bihar Cooperative Societies (Amendment) Ordinance, 1975 by the manager of a Hindu Joint family or the natural or legal guardian of a minor or disabled person for any of the purposes specified in section 44 B. shall be binding on every member of such Hindu joint family, or such minor or disabled person, notwithstanding any law to the contrary.
2. (2) Subject to the provisions of sub-section (1), where a mortgage execute in favour of a Land Development Bank, either before or after the commencement of the Bihar Cooperative Societies (Amendment) Ordinance, 1975, is called in question on the ground that it was executed by the Manager of a Hindu Joint family or natural or legal guardian of a minor or disabled person for a purpose not binding on the members of such Hindu joint family or such minor or disabled person, the burden of proving the same shall, notwithstanding any law to the contrary, lie on the party alleging it.