Which is NOT invariably required for a transferee to rely on part performance under section 53A of the Transfer of Property Act, 1882?
Question and options
Which is NOT invariably required for a transferee to rely on part performance under section 53A of the Transfer of Property Act, 1882?
A contract to transfer immovable property for consideration
A written contract signed by the transferor or on the transferor's behalf
Possession taken or retained in part performance
Payment of the full consideration
Answer and explanation
Section 53A requires a signed written contract for consideration and the required acts of possession in part performance. The transferee must have performed or be willing to perform their part. The section does not impose full payment as a universal prerequisite.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Madhya Pradesh Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision
Related question papers
Related exam syllabi
More solved explanations in Transfers of immovable property - general rules
- Which provision of the Transfer of Property Act, 1882 deals with part performance?
- Match List-I with List-II (sections of the Transfer of Property Act, 1882) and select the correct answer using the codes given below: List-IList-II a. Feeding the…
- For application of the Doctrine of Part performance laid down in Section 53A of the Transfer of Property Act, 1882:
- Section 51 of the Transfer of property Act, 1882 does not apply to:
- A gives land to B before C sues A for possession. While that suit is pending, B transfers the land to D in B’s own right. B is joined only later, as A’s legal…