Improvements made by bona fide holders under defective titles
Section 51 of the Transfer of Property Act, 1882 deals with 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 is subsequently evicted therefrom by any person having a better title, the transferee has a right to require the person causing the eviction either The Act came into force on 01 Jul 1882.
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 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 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.
Section 51, The Transfer of Property Act, 1882 (Act 4 of 1882).
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… True, that the original appellant had also raised a contention that he had effected the construction on the bona fide belief that he was effecting construction on his own land and therefore, the construction raised by him on the land in question is protected under Section 51 of the Transfer of Property Act, 1882 (hereinafter, 'the TP Act'). This was pressed into service by the appellants. 7. At the very outset we may say that we are of the considered view that the contention of the appellants founded on Section 51 of the TP Act is totally misplaced and misconceived. This position …
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… alleged to have been made by them on the land in dispute under the Kerala Compensation for Tenants Improvements Act 1958[1]( page-1-0) was barred by the principle of constructive res judicata. The High Court upheld the finding of the executing court that the appellants are not entitled to claim compensation under Section 51 of the Transfer of Property Act 1882[2]( page-1-1) . 3 The genesis of the dispute needs to be explained. The property encompassing an extent of 914 acres originally belonged to Vengunadu Kovilakam of Kollengode. True to the bounties of nature, it comprised of coffee, cardamom, orange and pepper plantations. On 25 …
Questions about Section 51
What does Section 51 of the Transfer of Property Act deal with?
Section 51 of the Transfer of Property Act is headed "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 is subsequently evicted therefrom by any person having a better title, the transferee has a right to require the person causing the eviction either
How do I find court cases under Section 51 of the Transfer of Property 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: TP Act 51, section 51 TP Act, section 51 of the Transfer of Property Act. People searching for it also type tampa 51. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 51 of the Transfer of Property Act come into force?
Section 51 of the Transfer of Property Act, cited as TP Act 51, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
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- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 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. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.