Section 45 in Himachal Pradesh Co-operative Agriculture and Rural Development Banks Act, 1979
45. Special provisions for [gehan created or mortgage or hypothecation] [Substituted for the words 'mortgage' or 'mortgages' vide vide Act No. 16 of 1987 w.e.f.16-11-87.] executed by managers of joint Hindu family.
(1)Notwithstanding anything contained in any law for the time being in force, the [gehan created or mortgage or hypothecation] [Substituted for the words 'mortgage' or 'mortgages' vide vide Act No. 16 of 1987 w.e.f.16-11-87.] in respect of loans by the [Agriculture and Rural Development Banks] [Substituted for the words 'Land Development Bank' vide Act No. 16 of 1987 w.e.f.16-11-87.] either before or after commencement of this Act by the manager of joint Hindu family for the improvement of agricultural land or other purposes enumerated in this Act shall be binding on every member of such joint Hindu family.(2)Where a [gehan created or mortgage or hypothecation] [Substituted for 'mortgage' vide H.P. Act No. 16 of 1987 w.e.f. 16-11-1987.] executed in favour of the [Agriculture and Rural Development Bank] [Substituted for 'Land Development Bank' vide H.P. Act No. 16 of 1987 w.e.f. 16-11-1987.] is called in question on the ground that it [was created] [Substituted for 'was executed' vide H.P. Act No. 16 of 1987 w.e.f. 16-11-1987.] by a person governed by a custom or the manager of a joint Hindu family for a purpose not binding on the reversioner's and the members thereof, whether major or minor, the burden of proving the same shall, notwithstanding any law to the contrary, be on the party raising it.
