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CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (B) Transfer of Immoveable Property

Section 53A: Part performance

The Transfer of Property Act, 1882

1 [Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty,

and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract,

then, notwithstanding that 2***, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:

Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.]

Footnotes in the official text

  1. 1.Ins. by Act 20 of 1929, s. 16.
  2. 2.The words “the contract though required to be registered, has not been registered, or” omitted by Act 48 of 2001, s. 10 (w.e.f. 24-9-2001).

Leading cases

Questions on this section

16 questions in 40 of our papers cite Section 53A. Try these from the free papers:

  1. 1. In Suraj Lamp & Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656, the Supreme Court examined transfers of immoveable property through a sale agreement, a general power of attorney and a will ('SA/GPA/Will' transactions). Which of the following is in line with that judgment?

  2. 2. Consider the following statements regarding the conditions for protection under Section 53A of the Transfer of Property Act, 1882: 1. The contract to transfer immoveable property for consideration must be in writing, signed by the transferor or on his behalf. 2. The transferee must have taken possession in part performance, or, being already in possession, have continued in possession in part performance and done some act in furtherance of the contract. 3. The transferee must have paid the entire consideration before he can claim the protection. Which of the statements given above is/are correct?

  3. 3. In Nathulal v. Phoolchand (1969), the transferee had taken possession under a written contract of sale and paid part of the price, but the vendor had not performed his own obligations, which came first in sequence, including obtaining a sanction required for the sale. Upholding the transferee's defence under Section 53A of the Transfer of Property Act, 1882, the Supreme Court held that:

Practise questions on Transfer of Property Act