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Section 22: Restriction on mortgagor's power to lease or to create other rights in the mortgaged and charged property

The U P Sahkari Gram Vikas Bank Act 1964State Act of Uttar Pradesh · Act 16 of 1964

[22. Restriction on mortgagors power to lease or to create other rights in the mortgaged and charged property. - Notwithstanding anything contained in the Transfer of Property Act, 1882, or any other law for the time being in force no property in respect of which a charge, hypothecation or mortgage has been made in favour of a [Gram Vikas Bank] or the [Uttar Pradesh Gram Vikas Bank] shall be sold or otherwise transferred by the person making the charge, hypothecation or mortgage until the entire amount of loan or advance taken by him from the [Gram Vikas Bank] or the [Uttar Pradesh Gram Vikas Bank] together with interest thereon is paid to the Bank and any transaction made in contravention of this section shall be void:

Provided that, if a part of the amount borrowed by a member is paid, the [Uttar Pradesh Gram Vikas Bank], or s the case may be, the [Gram Vikas Bank] with the approval of the [Uttar Pradesh Gram Vikas Bank] may, on application from the member release from the mortgage, charge or hypothecation created or made in favour of the bank, such part of the property or interest therein as it may deem proper with due regard to the security of the balance of the amount remaining outstanding from the member.]

(2) Any lease granted or rights created in contravention of the provisions of sub-section (1) shall be void.

Where this provision sits

ActThe U P Sahkari Gram Vikas Bank Act 1964
Section22
Marginal noteRestriction on mortgagor's power to lease or to create other rights in the mortgaged and charged property
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, U.P. Act No. 19 of 1994. Subs. by U.P. Act No. 19 of 1994
  • substituted, U.P. Act No. 3 of 1979. Subs. by U.P. Act No. 3 of 1979

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