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Under the Transfer of Property Act, 1882, which of the following is not an essential ingredient for…

Section 53A requires a signed written transfer contract with ascertainable terms, possession or continued possession in part performance, an act in furtherance and…

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Under the Transfer of Property Act, 1882, which of the following is not an essential ingredient for part performance of the contract?

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Answer and explanation

Correct answer D

Section 53A requires a signed written transfer contract with ascertainable terms, possession or continued possession in part performance, an act in furtherance and performance or willingness to perform by the transferee. Full payment of all consideration is not an independent statutory prerequisite. Willingness to perform cannot be replaced by merely having possession.

Current law: For contracts executed on or after 24 September 2001, registration is required to obtain section 53A protection; an unregistered agreement executed after that date cannot support this defence.

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