Section 105 in The Gujarat Co-Operative Societies Act, 1961
105. Transfer of property, which cannot be sold.
(1)When in execution of an order sought to be executed under Section 103 any property cannot be sold for want of buyers, if such property is in occupancy of the defaulter, or of some person in his behalf, or of such person claiming under a title created by the defaulter subsequent to the issue of the certificate of the Registrar, Liquidator or the Assistant Registrar, under clause (a) or (b) of Section 103, the Court or the Collector or the Registrar, as the case may be, may 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, in the manner prescribed.(2)Where property is transferred to the society under sub-section (1), or is sold under the provisions of Section 103, the Court, the Collector or the Registrar, as the case may be, may, in accordance with the rules, place the society or the purchaser, as the case may be, in possession of the property transferred or sold.(3)Subject to the rules made in this behalf, and to any rights, encumbrances, charges or equities lawfully subsisting in favour of any person, such property or portion thereof shall be held under sub-section (1) by the said society on such terms and conditions as may be agreed upon between the Court, the Collector or the Registrar, as the case may be, and the said society. Subject to the general or special orders of the State Government, the Collector or the Registrar may delegate to an officer, not below the rank of an Assistant or Deputy Collector or an Assistant Registrar powers exercisable by the Collector or the Registrar under this section.
