THE DOCTRINE OF PART PERFORMANCE

The Doctrine of Part Performance may be a vital provision under the Transfer of Property Act. consistent with the statutory provisions, an individual must have contracted to transfer immovable property for 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.

In addition, the transferee must have, partially performance of the contract, taken possession of the property or any a part of the property. Just in case the transferee is already in possession of the property, he should continue in possession partially performance of the contract and must have also done some act in furtherance of the contract. Also, the transferee must either have performed a part of the contract or must be willing to try too so. If these conditions 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 between the parties.

This is despite the very fact that a contract might not be registered and completed within the manner prescribed by law. These provisions are enacted to offer equity. The target is to stop a transferrer's successor from taking advantage of the very fact that the document is not registered, provided the transferee has performed a part of the contract.

These provisions tend to furnish a statutory defence to an individual who has no registered deed in his prefer to maintain his possession if he can prove that a written and signed accept his favour has already been executed. Also, he must have completed a part of that contract.

In order to be eligible for cover under the Doctrine of Part Performance, it must be shown that there's a contract to transfer property for consideration.

Further, the contract must be in writing, signed by the person sought to be bound by it. And therefore, the terms necessary to constitute the transfer should be ascertainable with reasonable certainty from it. These are the pre-requisites to invoke the provisions of Section 53-A of the Transfer of Property Act

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.