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Transfer of Property Act, 1882 · Chapter II: Of Transfers of Property by Act of Parties · Apportionment

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

In plain words

If a person who believed in good faith that they owned property improves it and is later evicted by someone with a better title, they can require the evicting owner either to pay the value of the improvement or to sell them the property at its market value without counting the improvement.

  • The improvement is valued as at the time of eviction.
  • They can also take growing crops they planted and have access to harvest them.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 51