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A transferee in possession satisfies all statutory requirements for protection under section 53A of the Transfer of Property Act, 1882, including any applicable registration requirement. Which…

Question and options

A transferee in possession satisfies all statutory requirements for protection under section 53A of the Transfer of Property Act, 1882, including any applicable registration requirement. Which statement is correct?

  1. The transferor may disregard the protection merely because no completed conveyance exists

  2. Protection necessarily requires full payment in every case

  3. The transferor is barred from enforcing an inconsistent right to possession

  4. Possession or continued possession is irrelevant

Answer and explanation

Correct answer: C - The transferor is barred from enforcing an inconsistent right to possession

Section 53A protects qualifying part-performance possession against inconsistent enforcement by the transferor or persons claiming under the transferor. It requires an ascertainable signed written contract, qualifying possession or continued possession, and performance or willingness to perform. Applicable registration requirements must also be met; the proviso protects a transferee for consideration without notice.

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