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[Cites 0, Cited by 0] [Section 38] [Entire Act]

State of Gujarat - Subsection

Section 38(1) in Saurashtra Land Reforms Act, 1951

(1)Notwithstanding anything contained in the Transfer of Property Act, 1882, or any other law for the time being in force :-
(a)it shall be lawful for a tenant to mortgage the occupancy holding which he intends to acquire under the provisions of this Chapter in order to borrow money from the State Bank, [or a Co-operative Society] [These words and figures were added by Saurashtra Act No. I of 1952, s. 3.] registered under the Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925) as adapted and applied to the [Saurashtra area of the [State of Gujarat;] [These words were substituted for the words 'State' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]]
(b)such mortgage shall be deemed to be lawful and subsisting after the occupancy is acquired.