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[Cites 0, Cited by 0] [Section 104] [Entire Act]

State of Haryana - Subsection

Section 104(14) in Haryana Co-operative Societies Rules, 1989

(14)
(i)At any time within thirty days from the date of the sale of immovable property, the decree holder or any person entitled to share to a rateable distribution of the assets or whose interest are effected by the sale may apply to the Recovery Officer to set aside the sale on the ground of material irregularity or mistake or fraud in publishing or conducting it:
Provided that no sale shall be set aside on the ground of irregularity or fraud unless the said Recovery Officer is satisfied that the applicant has sustained substantial injury by reason of such irregularity mistake or fraud.
(ii)If the application is allowed, the said Recovery Officer shall set aside the sale and may direct a fresh one.
(iii)On the expiration of thirty days from the date of sale if no application to have the sale set aside is made or if such application has been made and rejected, the said Recovery Officer shall make order confirming sale:
Provided that if he shall have reason to believe that the sale ought to be set aside notwithstanding that no such application has been made or on grounds other than those alleged in any application which has been made and rejected he may, after recording his reasons in writting set aside the sale;
(iv)Whenever the sale of any immovable property is not confirmed or is set aside, the deposit or the purchase money as the case may be, shall be returned to the purchaser.
(v)After the confirmation of any such sale, the said Recovery Officer shall grant a certificate of sale in such form as may be specified by the Registrar bearing his seal and signature to the purchaser, and such certificate shall state the property sold and the name of the purchaser and it shall be conclusive evidence of the fact of the purchase in all courts and tribunals, where it may be necessary to prove it and no proof of the seal or signature of the Recovery Officer shall be necessary unless the authority before whom it is produced shall have reasons to doubt its genuineness.