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Absolute and Partial Restraints on Transfer

The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts. However, the context in which the present-day struggle arises is a far cry from the feudalistic society existing in England when the restraints on alienation doctrine was developed, yet the materials which follow evidence quite clearly that the judicial role in articulating and enforcing the doctrine is beginning anew.

Concept of Property Rights

By Anonymous Introduction It deals with the element of public policy, meaning that it is an intervention of the state in the otherwise state of

Concept Of Execution

By Abhishek Kumar, CNLU INTRODUCTION Execution is the last stage of any civil litigation. There are three stages in litigation: Institution of litigation. Adjudication of

The Doctrine of Part Performance

Section 53A of the Transfer of Property Act, 1882 seeks to protect the prospective transferees by allowing them to retain the possession over the property, against the rights of the transferors, who after the execution of an incomplete instrument of transfer, fail to complete it in the manner specified by law, without there being any fault on part of the transferees. This section therefore provides for a partial importation of the English doctrine of part performance. It furnishes a statutory defense to a person who has no registered title in his favour to maintain possession. To understand the concept in a better way, an elaboration is essential. The author has provided the same by placing reliance on the statutory provisions as well as case laws.


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