PART PERFORMANCE : SECTION 53A OF THE TRANSFER OF PROPERTY ACT

Section 53a of the Transfer of Property Act was inserted to explain the meaning of the doctrine of part performance. Contract of sale by itself do not confer any rights to the purchaser.

Section 53a say that where any person enters into a contract to transfer for consideration any immovable property by writing, signed by him or on his behalf and the transferee has in in part performance taken possession of the said property, or was already in possession of the said property. Then the transferor is debarred from getting the position back from the transferee provided that transferee is willing to perform his part of the contract. In other words this section acts as a shield and not a sword for the bonafide purchaser.

Essential Conditions

There must be a written contract for transfer.
There must be a consideration for the transfer.
The transferee must in part performance taken possession of the entire property or any portion thereof.
The transferee must be willing to pay the balance consideration.
Agreement should be registered to avail benefit under this section.

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