Encumbrance voidability: authority may declare encumbrances void and vest property in Central Government under transfer agreement provisions. The amendment substitutes the phrase 'free from all encumbrances' with a reference to transfers 'in terms of the agreement for transfer referred to in sub-section (1) of section 269UC' and adds a proviso empowering the appropriate authority, after hearing interested persons, to declare encumbrances or leasehold interests in that transfer agreement void if specified to defeat the Chapter, whereupon the property vests in the Central Government free from such encumbrances; a further proviso preserves rights of bona fide encumbrance holders or lessees who retain eligibility under the transfer agreement if not declared void.
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Provisions expressly mentioned in the judgment/order text.
Encumbrance voidability: authority may declare encumbrances void and vest property in Central Government under transfer agreement provisions.
The amendment substitutes the phrase "free from all encumbrances" with a reference to transfers "in terms of the agreement for transfer referred to in sub-section (1) of section 269UC" and adds a proviso empowering the appropriate authority, after hearing interested persons, to declare encumbrances or leasehold interests in that transfer agreement void if specified to defeat the Chapter, whereupon the property vests in the Central Government free from such encumbrances; a further proviso preserves rights of bona fide encumbrance holders or lessees who retain eligibility under the transfer agreement if not declared void.
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