Which provision of the Transfer of Property Act, 1882 can protect a transferee’s possession by part…
Section 53A can protect qualifying possession against the transferor. The defence requires a qualifying written contract and performance or willingness to perform. Section…
Choose your answer
Which provision of the Transfer of Property Act, 1882 can protect a transferee’s possession by part performance of a qualifying registered contract to transfer immovable property for consideration?
Answer and explanation
Correct answer D
Section 53A can protect qualifying possession against the transferor. The defence requires a qualifying written contract and performance or willingness to perform. Section 17(1A) of the Registration Act, 1908 requires registration of qualifying contracts executed from 24 September 2001.
Option feedback
Option A
Section 35 governs election when a transaction purports to transfer another person’s property and confers a benefit on that person.
Option B
Section 41 addresses a transfer by an ostensible owner.
Option C
Section 53 addresses fraudulent transfers.
Option D
Section 53A can protect qualifying possession against the transferor. The defence requires a qualifying written contract and performance or willingness to perform. Section 17(1A) of the Registration Act, 1908 requires registration of qualifying contracts executed from 24 September 2001.
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