Section 28 in The Maharashtra Agricultural Debtors Relief Act, 1947
28. Fraudulent alienations or incumbrances void.
(1)If in the course of the hearing of an application made under section 4, the Court finds that the debtor has made an alienation of property created or any incumbrance thereon with intent to defeat or delay any of his creditors, the Court shall, by notice, summon the debtor and the person in whose favour the alienation or incumbrance is made or created to appear before it on a day to be specified in the notice.(2)On the day specified in the notice or such other day to which the hearing may be adjourned the Court shall hear the parties [and record evidence as may be produced] [These words were inserted by Bombay 70 of 1948, Section 9.] and if it is satisfied that the alienation was made or the incumbrance was created with intent to defeat or delay any of the creditors of the debtor the Court shall declare the alienation of incumbrance to be void.(3)Nothing in this section shall impair the rights of an alienee or the holder of an incumbrance in good faith and for valuable consideration.
