Section 51 in The Transfer of Property Act, 1882
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.
Title: Part performance
1[53A. Part performance.-- Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty,
and the transferee has. in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract,
and the transferee has performed or is willing to perform his part of the contract,
then, notwithstanding that 2***, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:
Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.]
1. Ins. by Act 20 of 1929, s. 16.
2. The words "the contract though required to be registered, has not been registered, or" omitted by Act 48 of 2001, s. 10 (w.e.f. 24-9-2001).
Title: “Sale” defined
"Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
Sale how made.-- Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.
In the case of tangible immoveable property of a va lue less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.
Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.
Contract for sale.-- A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties.
It does not, of itself, create any interest in or charge on such property.
Amendment of section 54 of the Central Act 4 of 1882.--In Section 54 of the principal Act, in para 2, for the expression “by a registered instrument” the following expression shall be substituted, namely:---
“by an instrument registered in the State of Assam, notwithstanding anything contained in the India Registration Act, 1908 (Act 16 of 1908) to the contrary.”
[Vide Assam Act 10 of 1976, s. 2.]