Which section of the Transfer of Property Act, 1882 reflects the maxim “he who seeks equity must do…
Section 51 protects a transferee who improves immovable property in the good-faith belief of absolute entitlement and is later evicted by someone with better title. The…
Choose your answer
Which section of the Transfer of Property Act, 1882 reflects the maxim “he who seeks equity must do equity” by protecting a good-faith transferee’s improvements when a person with better title evicts the transferee?
Answer and explanation
Correct answer C
Section 51 protects a transferee who improves immovable property in the good-faith belief of absolute entitlement and is later evicted by someone with better title. The improver can require payment or security for the value of the improvements, or sale of the evictor’s interest at its market value excluding those improvements. That balance reflects the stated equitable maxim.
Option feedback
Option A
Section 49 concerns application of insurance proceeds following a transfer.
Option B
Section 50 protects rent paid in good faith to a person with defective title.
Option C
Section 51 requires the better-title claimant to respect the statutory protection for the good-faith improver.
Option D
Section 53 concerns fraudulent transfers, rather than this improvement remedy.
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