Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Assam - Section

Section 25 in Goalpara Tenancy Act, 1929

25. What kind of usufructuary mortgage occupancy tenant may execute.

(1)An occupancy tenant shall not be entitled to enter into any form of usufructuary mortgage in respect of his holding or a portion or share thereof except a complete usufructuary mortgage which may be for any period which does not and cannot, in any possible event, by any agreement express or implied, exceed nine years :Provided that every such compete usufructuary mortgage shall be registered under the Indian Registration Act, 1908.
(2)Notwithstanding any contract to the contrary such mortgage any be redeemed at any time before the expiry of the said period.
(3)Notwithstanding anything contained in this Act or any other law, any document creating or purporting to create any other form of usufructuary mortgage of an occupancy holding or a share or portion thereof shall not have any force or effect and no such document shall be received in evidence or acted upon in any Court or by any public servant.Explanation. - A 'complete usufructuary mortgage' means a transfer by a tenant of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of loan, upon the condition that the loan, with all interest thereon, shall be deemed to be extinguished by the profits arising from the land during the period of the mortgages.