section 45
Special provisions for Gehan created or mortgage or hypothecation executed by managers of joint Hindu family
The Himachal Pradesh Co-operative Agriculture and Rural Development Banks Act, 1979Chapter VII SALE OF MORTGAGED PROPERTY
(1) Notwithstanding anything contained in any law for the time being in force, the Gehan created or mortgage or hypothecation in respect of loans by the Agriculture and Rural Development Banks either before or after commencement of this Act by the manager of joint Hindu family for the improvement of agricultural land or other purposes enumerated in this Act shall be binding on every member of such joint Hindu family. (2) Where a Gehan created or mortgage or hypothecation executed in favour of the Agriculture and Rural Development Bank is called in question on the ground that it was created or executed by a person governed by a custom or the manager of a joint Hindu family for a purpose not binding on the reversioners and the members thereof, whether major or minor, the burden of proving the same shall, notwithstanding any law to the contrary, be on the party raising it.
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