section 35
Power of Court to declare certain transfers to be in the nature of mortgage.
The Maharashtra Debt Relief Act, 1975Finance197562 sections
Statutory text
Notwithstanding anything to the contrary contained in any law, custom or contract, whenever it is alleged during the course of the hearing of an application made under section 24 that any transfer of land, by a person whose debts are being adjusted under this Chapter or any other person through whom he inherited it, was a transfer in the nature of a mortgage, the Court shall declare the transfer to be a mortgage, if the Court is satisfied that the circumstances connected with that transfer showed it to be in the nature of a mortgage.
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