Section 424
Entitlement To Amount Or Compensation In Event Of Deprivation Of Enjoyment Of Property
perty: (1) If a person transfers a property by
way of sale pursuant to this Chapter and the purchaser is deprived
of enjoying the property wholly or partly because of such transfer
being invalid for any reason, the purchaser shall be entitled to
recover from the transferor the amount paid by him or her for the
property to the extent that he or she is so deprived of enjoying, an
interest to be set by yearly ten percent of the amount and the
registration fee or other amount, if any, he or she has paid for the
transfer of that property as if it were an unsecured bond (Kapali).
(2) If any person makes any structure in a property
purchased pursuant to this Chapter and is not able to enjoy that
property because of such transfer being invalid for any reason, that
person may demolish and take away the structure made by him or
her within six months.
(3) If any person is aggrieved from the transfer of a
property in contravention of Sections 419, 421 and 422 or the
failure to demolish and take away any structure pursuant to subsection
(2), such a person shall also be entitled to a reasonable
compensation for actual loss and damage suffered by him or her
from such transferor, in addition to the amount referred to in subsection
(1).
(4) If a person who may be entitled to a donation or who is
entitled to a donation or gift is aggrieved from being unable to use
the property for any reason under this Chapter, the person shall be
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entitled to get a reasonable compensation from the person making
donation or gift, subject to the other Sections of this Chapter.
Provided that compensation cannot be recovered in the case
of a testamentary gift being void.
(5) Notwithstanding anything contained elsewhere in this
Section, a person who obtains a property in any of the following
circumstances shall not be entitled to recover the amount referred to
in sub-sections (1), (3) and (4):
(a) If he or she has obtained the property knowingly
that it was other’s property or a stolen property,
(b) If he or she has obtained the property knowingly
that it was already transferred to another person.