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Section 51 – Transfer of Property Act 1882

Transfer of Property Act 1882

 

51. Improvements made by bona fide holders under defective titles.—

 

When the transferee of immoveable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he subsequently evicted therefrom by any person having a better title, the transferee has a right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured to the transferee, or to sell interest in the property to the transferee at the then market value thereof, irrespective of the value of such improvement.

 

The amount to be paid or secured in respect of such improvement shall be the estimated value thereof at the time of the eviction.

 

When, under the circumstances aforesaid, the transferee has planted or sown on the property crops which are growing when he is evicted therefrom, he is entitled to such crops and to free ingress and egress to gather and carry them.

 

COMMENTS

No man, who knowingfully that he had no title to property, spends money on improving it can be permitted to deprive the original owner of his right to possession of the property except upon the payment for the improvements which were not affected with the consent of that person; Maddahappa v. Chandramma, AIR 1965 SC 1812.

 

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Transfer of Property Act 1882

 

Indian Laws – Bare Acts

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