Section 49 in The Transfer of Property Act, 1882
Title: Transferee's right under policy.
Where immoveable property is transferred for consideration, and such property or any part thereof is at the date of the transfer insured against loss or damage by fire, the transferee, in case of such loss or damage, may, in the absence of a contract to the contrary, require any money which the transferor actually receives under the policy, or so much thereof as may be necessary, to be applied in reinstating the property.
Title: Rent bona fide paid to holder under defective title.
No person shall be chargeable with any rents or profits of any immoveable property, which he has in good faith paid or delivered to any person of whom he in good faith held such property, notwithstanding it may afterwards appear that the person to whom such payment or delivery was made had no right to receive such rents or profits.
A lets a field to B at a rent of Rs. 50, and then transfers the field to C. B, having no notice of the transfer, in good faith pays the rent to A. B is not chargeable with the rent so paid.
Title: 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 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.
Title: Transfer of property pending suit relating thereto.
During the 1[pendency] in any Court having authority 2[3[within the limits] of India excluding the State of Jammu and Kashmir] or established beyond such limits] by 4[the Central Government 5* * *] of 6[any] suit or proceeding 7[which is not collusive and] in. which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party the reto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.
8[Explanation.-- For the purposes of this section, the pendency of a suit or proceeding shall be be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.]
1. Subs. by Act 20 of 1929, s.14, for "active prosecution".
2. Subs. by the A.O. 1950, for "in the Provinces or restablished beyond the limits of the Provinces".
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "within the limits of Part A States and Part C States" (w.e.f. 1-4-1951).
4. Subs. by the A.O. 1937, for "the Governor General in Council".
5. The words "or the Crown Representative" omitted by the A.O. 1948.
6. Subs. by Act 20 of 1929, s. 14, for "a contentious
7. Ins. by s. 14, ibid
8. Added by 14, ibid.
Title: Fraudulent transfer.
1[53. Fraudulent transfer.-- (1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed.
Nothing in this sub-section shall impair the rights of a transferee in good faith and for consideration.
Nothing in this sub-section shall affect any law for the time being in force relating to insolvency.
A suit instituted by a creditor (which term includes a decree -holder whether he has or has not applied for execution of his decree) to avoid a transfer on th e ground that it has been made with intent to defeat or delay the creditors of the transferor, shall be instituted on behalf of, or for the benefit of, all the creditors.
(2) Every transfer of immoveable property made without consideration with intent to defraud a subsequent transferee shall be voidable at the option of such transferee.
For the purposes of this sub-section, no transfer made without consideration shall be deemed to have been made with intent to defraud by reason only that a subsequent transfer for consideration was made.]
1. Subs. by s. 15, ibid., for section 53.