Section 51: Improvements made by bona fide holders under defective titles

The Transfer of Property Act, 1882

Chapter-II1 Of Transfers of Property by Act of Parties

(A) Transfer of Property, whether Moveable or Immoveable

Section 51: Improvements made by bona fide holders under defective titles.

51. When the transferee of immoveable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted there from 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 his 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 arc growing when he is evicted therefrom, he is entitled to such crops and to free ingress and egress to gather and carry them.


 

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