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Under the proviso to section 53A of the Transfer of Property Act, 1882, when are a subsequent…

Section 53A preserves the rights of a transferee for consideration who lacks notice both of the earlier contract and of its part performance. Notice of either defeats this…

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Under the proviso to section 53A of the Transfer of Property Act, 1882, when are a subsequent transferee’s rights protected against a claim of part performance?

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Answer and explanation

Correct answer C

Section 53A preserves the rights of a transferee for consideration who lacks notice both of the earlier contract and of its part performance. Notice of either defeats this protection.

Option feedback

Option A

Notice of the earlier contract defeats the proviso’s protection.

Option B

Notice of part performance defeats the proviso’s protection even without notice of the contract.

Option C

The proviso protects a transferee for consideration who has notice of neither the contract nor its part performance.

Option D

The proviso requires consideration. A gratuitous transferee does not meet that requirement.

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