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Which doctrine is addressed by section 53A of the Transfer of Property Act, 1882?

Section 53A protects a qualifying transferee in possession by barring the transferor from enforcing rights inconsistent with the contract, subject to the statutory…

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Which doctrine is addressed by section 53A of the Transfer of Property Act, 1882?

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Answer and explanation

Correct answer C

Section 53A protects a qualifying transferee in possession by barring the transferor from enforcing rights inconsistent with the contract, subject to the statutory conditions and proviso.

That protection is the doctrine of part performance.

Option feedback

Option A

The doctrine of election is addressed in section 35 of the Transfer of Property Act, 1882.

Option B

Specific performance is a remedy dealt with under the Specific Relief Act, 1963. Section 53A supplies a possessory defence on its statutory conditions.

Option C

Section 53A is the part-performance provision.

Option D

Section 53 of the Transfer of Property Act, 1882 addresses fraudulent transfers.

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