Section 122 in Rajasthan Co-operative Societies Act, 1965
122. Transfer of property which cannot be sold.
(1)When in any execution of an order sought to be executed under section 117, any property cannot be sold for want of buyers, if such property is in the occupancy of the defaulter or of some person on his behalf or of some person claiming under a title created by the defaulter subsequent to the issue of the certificate under section 117 by the Registrar or any person or persons appointed to assist him under section 3, on whom the power to sign such certificate shall have been conferred, the court or the Collector, as the case may be, may with the previous consent of the Registrar, direct that the said property or any portion thereof shall be transferred to the society which has applied for the execution of the said order and that the said property or the portion shall be delivered to the society in the prescribed manner.(2)Subject to such rules as 1003 be made in this behalf and to any right, encumbrances, charges or equities lawfully subsisting in favour of any person, such property or portion thereof shall be held by the said society on such terms and conditions as may be agreed upon between the court or the Collector, as the case may be, and the said society:Provided that any private transfer or delivery of or encumbrance or charge on the property made or created after the issue of the certificate by the Registrar or any person or persons appointed and empowered under section 3 to sign such certificates, as the case may be, under section 117 shall be null and void as against the said society.
