Under Section 53A of the TRANSFER OF PROPERTY Act 1882 (read with SRA principles), the doctrine of 'part performance' protects a transferee in possession of immovable property under an unregistered written contract who
AHas paid nothing and has no document
BHas taken or remained in possession in part performance of the contract, has done some act in furtherance of the contract, and has performed or is willing to perform his part — the transferor is debarred from disturbing possession (even though title has not passed)
CHas filed for bankruptcy
DIs a minor
Answer & Solution
Correct answer: B. Has taken or remained in possession in part performance of the contract, has done some act in furtherance of the contract, and has performed or is willing to perform his part — the transferor is debarred from disturbing possession (even though title has not passed)
Section 53A TPA codifies a defensive equity: the transferee in possession can resist eviction by the transferor though the transfer is unregistered. The transferee cannot use it to establish positive title but can use it as a shield. The doctrine interlocks with SRA reliefs.
Related questions
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