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09/12/2022
Laws of Bangladesh

The Public Demands Recovery Act, 1913 (Bengal Act)

( ACT NO. III OF 1913 )

Sale

Purchaser’s title
20. (1) Where property is sold in execution of a certificate, there shall vest in the purchaser merely the right, title and interest of the certificate-debtor at the time of the sale, even though the property itself be specified.
 
 
(2) Where immovable property is sold in execution of a certificate, and such sale has become absolute, the purchasers' right, title and interest shall be deemed, to have vested in him from the time when the property is sold, and not from the time when the sale becomes absolute.
 
 
(3) Notwithstanding anything contained in sub-section (1) or in any other law for the time being in force, where a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof or for the recovery of any dues under the 1[* * *] Agricultural Income-tax Act, 1944, the tenure or holding shall, subject to the provisions of section 90 of the 2[* * *] State Acquisition and Tenancy Act, 1950, where that section is in force, pass to the purchaser with power to annual incumbrances:
 
 
Provided as follows-
 
 
(a) an imcumbrance created by a registered instrument, of which a copy has, not less than three months before the actual of the arrear, been served on the Government shall not be so annulled except in the case prescribed; and
 
 
(b) the power to annual shall be so exercisable only in the manner prescribed.
 
 
(4) Notwithstanding anything contained elsewhere in this Act, no sale of any tenure or holding in execution of a certificate for arrears of rent or for the recovery of any dues under the 3[* * *] Agricultural Income-tax Act, 1944, shall effect the title or interest of the House Building Finance Corporation established under the 4[Bangladesh House Building Finance Corporation Order, 1973] or the 5[Bangladesh Krishi Bank] established under the 6[Bangladesh Krishi Bank Order, 1973] or a co-operative society established under the 7[* * *] Co-operative Societies Act, 1940 in respect of a registered and notified incumbrance mentioned in clause (i) of the proviso to sub-section (3), unless a concise statement of the order of attachment and proclamation of sale has, in the prescribed manner and at the time of issue of such proclamation, been sent by the Certificate-officer by registered post to the House Building Finance Corporation or the 8[Bangladesh Krishi Bank], or the co-operative society, as the case may be.
 
 
(5) Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-section (3) shall not apply.

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