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Transfer of Property Act, 1882
01-May-2023 (In Property Law)
I need to know about the doctrine of part performance as applied under the Transfer of Property Act of 1882.
The main ground on which the Act is based is prevention of fraud.
The Doctrine of Part Performance is a very important provision under the Transfer of Property Act. A person must have contracted to transfer immovable property for a consideration. The transfer should be in writing and duly signed by either the transferor or his agent. 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.
If conditions like these and many others are satisfied, the transferor is debarred from enforcing any right in respect of the property against the transferee. He can only enforce a right expressly provided by the terms of the contract entered into between the parties. This is despite the fact that a contract may not be registered and completed in the manner as prescribed by law.
The Doctrine of Part Performance is a very important provision under the Transfer of Property Act. A person must have contracted to transfer immovable property for a consideration. The transfer should be in writing and duly signed by either the transferor or his agent. 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.
If conditions like these and many others are satisfied, the transferor is debarred from enforcing any right in respect of the property against the transferee. He can only enforce a right expressly provided by the terms of the contract entered into between the parties. This is despite the fact that a contract may not be registered and completed in the manner as prescribed by law.
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Adv. Siddhant Sharma
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