doctrine of part performance of contracts

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Uma asked over 3 years ago

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 narahari answered about 3 years ago

Doctrine of part performance is a very important provision under the Transfer of Property Act 1882 and the relevant provisions have been enacted under Section 53A of the Transfer of Property Act. According to the statutory provisions, this doctrine works as follows: A person must have contracted to transfer; the subject matter of the transfer should be any immovable property; the transfer of property should be for a consideration and the transfer should be in writing and duly signed by either the transferor or on his behalf.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 CA Sandeep Bohra answered about 3 years ago

Doctrine of part performance is a very important provision under the Transfer of Property Act 1882 and the relevant provisions have been enacted under Section 53A of the Transfer of Property Act. **According to the statutory provisions, this doctrine works as follows:** -A person must have contracted to transfer; the subject matter of the transfer should be any immovable property; the transfer of property should be for a consideration and the transfer should be in writing and duly signed by either the transferor or on his behalf. -inally, from the terms of the document, it should be reasonably certain that the intent of the parties is to transfer the immovable property from the transferor to the transferee. -Further, the transferee must have, in part performance of the contract, taken possession of the property or any part of the property. In case the transferee is already in possession of the property, then he should continue in possession in part performance of the contract and must have also done some act in furtherance of the contract . -In addition, the transferee must either have performed his part of the contract or must be willing to do the same. -If the above conditions are satisfied, then the transferor or any other person on his behalf are debarred from enforcing any right in respect of the property against the transferee or any person on his behalf. -They can only enforce a right expressly provided by the terms of the contract entered into between the parties . -This is despite the fact that the contract, which was required to be registered, has not been registered so, or where although there is an instrument of transfer of immovable property, but the transfer has not been completed in the manner as prescribed by law.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 veeru answered over 3 years ago

object of this doctrine is to prevent fraud. where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty and the transferee has in part performance of the contract ,taken possession of the property or any part thereof , or the transferee , being already in possession , continues in possession in part performance of the contract and has done some act in furtherance of the contract , and the transferee has performed or willing to perform his part of the contract

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered over 3 years ago

**DOCTRINE OF PART PERFORMANCE OF CONTRACTS** Hi, Object of this doctrine is to prevent fraud. where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty and the transferee has in part performance of the contract ,taken possession of the property or any part thereof , or the transferee , being already in possession , continues in possession in part performance of the contract and has done some act in furtherance of the contract , and the transferee has performed or willing to perform his part of the contract then not withstanding that where there is an instrument of transfer , that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force , the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession , other than a right expressly provided by the terms of the contract .

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Open uri20170510 32134 1nqu8aj?1494421649 sowmya answered over 3 years ago

HIi Doctrine of part performance is a very important provision under the Transfer of Property Act 1882 and the relevant provisions have been enacted under Section 53A of the Transfer of Property Act. According to the statutory provisions, this doctrine works as follows: A person must have contracted to transfer; the subject matter of the transfer should be any immovable property; the transfer of property should be for a consideration and the transfer should be in writing and duly signed by either the transferor or on his behalf. Finally, from the terms of the document, it should be reasonably certain that the intent of the parties is to transfer the immovable property from the transferor to the transferee. Further, the transferee must have, in part performance of the contract, taken possession of the property or any part of the property. In case the transferee is already in possession of the property, then he should continue in possession in part performance of the contract and must have also done some act in furtherance of the contract . In addition, the transferee must either have performed his part of the contract or must be willing to do the same. If the above conditions are satisfied, then the transferor or any other person on his behalf are debarred from enforcing any right in respect of the property against the transferee or any person on his behalf. They can only enforce a right expressly provided by the terms of the contract entered into between the parties . This is despite the fact that the contract, which was required to be registered, has not been registered so, or where although there is an instrument of transfer of immovable property, but the transfer has not been completed in the manner as prescribed by law. The above provisions tend to furnish a statutory defence to a person who has no registered title deed in his favour to maintain his possession but if he can prove that a written and signed contract in his favour has already been executed. Also that he has done some action as his part of performance of that contract. In order to be eligible for protection of the above doctrine of part performance, it must be shown that there is a contract to transfer for consideration, the immovable property. Further, the contract must be evidenced by a writing signed by the person sought to be bound by it, and from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty. These are the prerequisites to invoke the provisions of Section 53 A of the TP Act.

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