Right of a registered society to pay prior debts of a mortgagor

In force Act 1 of 1950 As on 21 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 1 of 1950 Cited by 1 provision

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 28 of the Assam Co-operative Societies Act, 1949 deals with right of a registered society to pay prior debts of a mortgagor. Where a mortgage is executed in favour of a registered society for payment of prior debts or part thereof, of the mortgagor secured on the mortgaged property, the registered society may, notwithstanding the provisions of sections 83 and 84 of the Transfer of Property Act, 1882 (IV of 1882), by notic

(1) Where a mortgage is executed in favour of a registered society for payment of prior debts or part thereof, of the mortgagor secured on the mortgaged property, the registered society may, notwithstanding the provisions of sections 83 and 84 of the Transfer of Property Act, 1882 (IV of 1882), by notice in writing and served by registered post with acknowledgment due, require any person to whom any such debt is due to receive payment of such debt or part thereof from the society at its registered office within such period as may be specified in the notice.
(2) The person on whom such notice is served shall be bound to receive payment of the amount offered by the society, but where there is disagreement or dispute between the mortgagor and such person as regards the amount of the debt, or where the society tenders less than the agreed amount of debt, the receipt of the sum offered by the society shall not debar such person from enforcing his right to recover the balance claimed by him.
(3) If any such person refused to receive such notice or such payment, such debt or part thereof as the case may be, shall cease to carry interest from the expiration of the period specified in the notice and the property mortgaged under sub-section (1) shall be deemed to have been freed from the encumbrance of such prior mortgage.
(4) No society shall advance a loan on a mortgage without taking a declaration from the prospective mortgagor as to the names of prior mortgagees of the property in question, if any.
Section 28, The Assam Co-operative Societies Act, 1949 (Act 1 of 1950).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Referred to by 1

s. 95 Power to order recoupment of expenditure

Questions about Section 28

What does Section 28 of the Assam Co-operative Societies Act deal with?

Section 28 of the Assam Co-operative Societies Act is headed "Right of a registered society to pay prior debts of a mortgagor". Where a mortgage is executed in favour of a registered society for payment of prior debts or part thereof, of the mortgagor secured on the mortgaged property, the registered society may, notwithstanding the provisions of sections 83 and 84 of the Transfer of Property Act, 1882 (IV of 1882), by notic

How do I find court cases under Section 28 of the Assam Co-operative Societies Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Assam Co-operative Societies Act 28, section 28 Assam Co-operative Societies Act, section 28 of the Assam Co-operative Societies Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 28 of the Assam Co-operative Societies Act, and has it changed?

Its own text turns on Transfer of Property Act 83 (Power to deposit in Court money due on mortgage), Transfer of Property Act 84 (Cessation of interest), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When was the Assam Co-operative Societies Act enacted?

Assam Co-operative Societies Act was enacted in 1950 as Act 1 of 1950. India Code records no commencement date for it. It is in force as at the date shown on this page.

Other sections of this Act

15. Division and amalgamation of societies787 words
66. Winding up671 words
31. General Assembly545 words
27. 527 words
71. Charge and Surcharge508 words
44. Restrictions on loans491 words

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/4a85ff6c-e560-42b0-941c-d17f4d10ffa3.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/55be0751-3e5a-44e1-b03d-13146464e126/content). This page is not a substitute for legal advice.