Section 53A of the Transfer of Property
Act lays down that where any person
contracts to transfer ---
a) for consideration ,
b) any immovable property ,
c) by writing signed by him or on his
behalf from which the terms necessary
to constitute the transfer can be
ascertained with reasonable certainty ,
and the transferee ---
a) has , in part performance of the
contract , taken possession of the
property or any part thereof , or
b) the transferee , being already in
possession , continues in possession in
part performance of the contract and
has done some act in furtherance of the
contract , and
c) the transferee has performed or
willing to perform his part of the
contract ,
then not withstanding that where there
is an instrument of transfer , that the
transfer has not been completed in the
manner prescribed therefor by the law
for the time being in force ,
a) the transferor or any person claiming
under him shall be debarred from
enforcing against the transferee and
persons claiming under him any right in
respect of the property
b ) of which the transferee has taken or
continued in possession ,
other than a right expressly provided by
the terms of the contract .
It has also been provided by the section
53A , as an exception to this rule , that
nothing in this section shall affect the
rights of a transferee for
consideration---
i) who has no notice of the contract or
ii) of the part performance thereof .
Basis of the doctrine of part
performance are the following three
maxims of equity ----
i) He who seeks equity must do equity .
ii) Equity treats that as done which
ought to have been done .
iii) Equity looks to the intent rather than
to the form .
The doctrine of part performance
requires the following conditions to
come into play ----
1) There should be a contract , to
transfer any immovable property , for
consideration ,duly written and signed
by the transferor or on his behalf , from
which the terms necessary to
constitute the transfer can be
ascertained with reasonable certainty .
2) The transferee must have taken
possession of the property or any part
thereof or if already in possession
should have continued in possession in
part performance of the contract and
should have done some act in
furtherance of the contract .
3) The transferee must have performed
or is ready and willing to perform his
part of the contract .
4) The rights of any other subsequent
transferee for value without notice will
not be affected by this doctrine .
Act lays down that where any person
contracts to transfer ---
a) for consideration ,
b) any immovable property ,
c) by writing signed by him or on his
behalf from which the terms necessary
to constitute the transfer can be
ascertained with reasonable certainty ,
and the transferee ---
a) has , in part performance of the
contract , taken possession of the
property or any part thereof , or
b) the transferee , being already in
possession , continues in possession in
part performance of the contract and
has done some act in furtherance of the
contract , and
c) the transferee has performed or
willing to perform his part of the
contract ,
then not withstanding that where there
is an instrument of transfer , that the
transfer has not been completed in the
manner prescribed therefor by the law
for the time being in force ,
a) the transferor or any person claiming
under him shall be debarred from
enforcing against the transferee and
persons claiming under him any right in
respect of the property
b ) of which the transferee has taken or
continued in possession ,
other than a right expressly provided by
the terms of the contract .
It has also been provided by the section
53A , as an exception to this rule , that
nothing in this section shall affect the
rights of a transferee for
consideration---
i) who has no notice of the contract or
ii) of the part performance thereof .
Basis of the doctrine of part
performance are the following three
maxims of equity ----
i) He who seeks equity must do equity .
ii) Equity treats that as done which
ought to have been done .
iii) Equity looks to the intent rather than
to the form .
The doctrine of part performance
requires the following conditions to
come into play ----
1) There should be a contract , to
transfer any immovable property , for
consideration ,duly written and signed
by the transferor or on his behalf , from
which the terms necessary to
constitute the transfer can be
ascertained with reasonable certainty .
2) The transferee must have taken
possession of the property or any part
thereof or if already in possession
should have continued in possession in
part performance of the contract and
should have done some act in
furtherance of the contract .
3) The transferee must have performed
or is ready and willing to perform his
part of the contract .
4) The rights of any other subsequent
transferee for value without notice will
not be affected by this doctrine .
