part performance

Section 53A of the Transfer of Property Act, 1882 protects a transferee who, under a written and signed contract to transfer immovable property for consideration, has taken possession (or continued in possession) in part performance and is ready and willing to perform his part. The transferor cannot then evict him by relying on the absence of a registered conveyance.

The doctrine is a shield, not a sword: it gives a defence against the transferor, not a title or a cause of action. Since the 2001 amendments, the contract must be registered for section 53A to apply. English law developed part performance in equity and allowed wider use; Indian law confines it to the statutory conditions.

Example

Having paid the full price and taken possession under a registered agreement, the buyer resisted the eviction suit by pleading part performance under section 53A.

In Indian law

• s.53A, Transfer of Property Act, 1882
• s.17(1A), Registration Act, 1908 (registration of contracts for section 53A)

See also

sale agreement · possession · specific performance · transfer of property

Read more in the study notes

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• Duties, powers and functions of the Competition Commission (Competition Law)
• Appeals and compensation: from the Competition Appellate Tribunal to the NCLAT and the Supreme Court (Competition Law)
• Specific performance of contracts (Contract I)
• Conveyancing principles and the sale deed (Drafting, Pleading and Conveyance)
• Author, ownership, term of copyright, rights conferred and moral rights (Intellectual Property Rights II)