Discuss briefly the 'doctrine of part-performance', which is embodied in Section 53A of the Transfer of Property Act, 1882.
CS Executive · Economic and Commercial Laws · PYQS · June 2018
Discuss briefly the 'doctrine of part-performance', which is embodied in Section 53A of the Transfer of Property Act, 1882.
Answer & Explanation:
Followings are the essential conditions for the operation of the 'doctrine of part-performance' according to Section 53A of the Transfer of Property Act, 1882 . There must be a contract to transfer immoveable property. It must be for consideration. The contract should be in writing and signed by the transferor himself or on his behalf. The terms necessary to constitute the transfer must be ascertainable with reasonable certainty from the contract itself. The transferee should have taken the possession of the property in part performance of the contract. In case he is already in possession, he must have continued in possession in part performance of the contract and must have done something in furtherance of the contract. The transferee must have fulfilled or ready to fulfill his part of the obligation under the contract.
Topics: Property Law
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