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Bombay Agricultural Debtors Relief Act, 1947, (Maharashtra) Section 28 - Bare Act

StateMaharashtra Government
Year
Section Title Fraudulent Alienations or Encumbrances Void
Act Info:

(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 or created any encumbrance 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 encumbrance 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 1[and record evidence as may be produced] and if it is satisfied that the alienation was made or the encumbrance was created with intent to defeat or delay any of the creditors of the debtor the Court shall declare the alienation or encumbrance to be void.

(3) Nothing in this section shall impair the rights of an alienee or the holder of an encumbrance in good faith and for valuable consideration.

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1. These words were inserted by Bom. 70 of 1948,Section 9.



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