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What does section 51 of the Property Act state?
What does section 51 of the Property Act state?
Section 51 of the Property Act states that when the transferee of immovable 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.
What rights does a transferee have when they make improvements on a property under defective titles?
What rights does a transferee have when they make improvements on a property under defective titles?
When a transferee makes improvements on a property under defective titles, believing in good faith that they are absolutely entitled to it, and they are subsequently evicted by someone with a better title, the transferee has the right to demand the person causing the eviction to either pay or secure the value of the improvement, or sell their interest in the property to the transferee at the market value, regardless of the value of the improvement. The payment or security for the improvement should be based on its estimated value at the time of the eviction.
What is the purpose of section 51 of the Property Act?
What is the purpose of section 51 of the Property Act?
The purpose of section 51 of the Property Act is to protect the rights of transferees who make improvements on a property under defective titles. It ensures that if the transferee is evicted by someone with a better title, they have the right to receive compensation for the value of the improvements or the option to purchase the property at its market value.
Under what circumstances can a transferee require payment or security for the value of improvements made on a property?
Under what circumstances can a transferee require payment or security for the value of improvements made on a property?
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How is the value of the improvements determined under section 51 of the Property Act?
How is the value of the improvements determined under section 51 of the Property Act?
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