Transfer of Property Act:- The doctrine of part performance is dealt in.
A. Section 52 of Transfer of Property Act
B. Section 53 of Transfer of Property Act
C. Section 51 of Transfer of Property Act
D. Section 53-A of Transfer of Property Act
Answer: Option D
Solution (By Examveda Team)
Doctrine of Part Performance:The Doctrine of Part Performance is a legal principle that protects a transferee who has taken possession of a property and acted upon an agreement, even if the formal requirements for a valid transfer have not been fulfilled. This doctrine prevents the transferor from refusing to complete the transfer when the transferee has already performed their part of the agreement.
Correct Answer: Section 53-A
The Doctrine of Part Performance is dealt with under Section 53-A of the Transfer of Property Act, 1882. This section provides that if a person has taken possession of immovable property based on a contract to transfer, and has performed or is willing to perform their part of the contract, the transferor cannot deny the transferee’s rights by claiming that the transfer was not completed through a registered deed.
Explanation:
1. This doctrine protects the transferee when an agreement to transfer property is not formally registered, provided the transferee has acted upon it.
2. The transferee must have taken possession of the property or continued in possession and performed their obligations under the contract.
3. The transferor is then barred from asserting their ownership against the transferee, preventing unfair revocation of the transfer.
4. However, this section does not grant ownership to the transferee but merely prevents the transferor from enforcing their own title against the transferee in contradiction to the contract.
5. The doctrine applies only when the agreement is in writing, signed by the transferor, and clearly specifies the terms of the transfer.
Thus, the correct answer is Option D: Section 53-A of the Transfer of Property Act.
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