Tag: Property Law

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.