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State of West Bengal - Section

Section 131 in West Bengal Co-operative Societies Act, 2006

131. Mortgage executed by members of joint Hindu family.

(1)Where a mortgage executed before or after the commencement of this Act in favour of a Co-operative agriculture and rural development bank or a financing bank or primary credit co-operative society including primary agricultural credit co-operative society, as the case may be, is called in question on the ground that it was executed by the manager of the joint Hindu family for a productive purpose not binding on the members thereof, the burden of proof shall, notwithstanding anything contained in any other law for the time being in force, rest on the person who calls the mortgage in question.
(2)For the purpose of this section, the expression "Productive purpose" within the meaning of sub-clause (ii) of Explanation to clause (16) of section 4 shall be deemed to be a purpose binding on the members (major or minor) of a joint Hindu family.