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What is part performance in transfer of property act?

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1 2022-07-19T18:45:00+00:00
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I see you wish to know about

part performance in Transfer of Property Act. Let me tell you, the

doctrine of Part Performance of Contract is contained in Section 53-A of the Transfer of Property Act (TPA), 1882. The following postulates are ‘sine qua non’ (essential conditions) for basing a claim on Section 53-A of the TPA:

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  1. There must be a contract to transfer for consideration any immovable property.

  2. The contract must be in writing signed by the transferor, or by someone on his behalf.

  3. The writing must be in such words from which the terms necessary to construe the transfer can be ascertained.

  4. The transferee must in part perform the contract and take possession of the property, or, of any part thereof.

  5. The transferee must have done some act in furtherance of the contract.

  6. The transferee must have performed or be willing to perform his part of the contract.

 

  • It is a settled law that Section

    53A of Transfer of Property Act

    confers no right on a party who was not willing to perform his part of the contract. 

  • A transferee has to prove that he was honestly ready and was willing to perform his part under the contract.

  • The aim of incorporation of

    doctrine of part performance in property law

    in 1929 is to prevent fraud and injustice and has its root in the principles of equity, justice and good conscience.

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