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Doctrines - Transfer of Property Act Doct - Doctrine of Part Performance - Print 2
Doctrines - Transfer of Property Act Doct - Doctrine of Part Performance - Print 2
Doctrines - Transfer of Property Act Doct - Doctrine of Part Performance - Print 2
Introduction
The Doctrine of Part Performance is a significant aspect of property law under the Transfer of
Property Act, 1882 (TPA) which allows for the recognition of partially performed
agreements even if they do not meet the formal requirements stipulated by the Act.
Existence of an Agreement:
There must be a valid agreement between the parties for the transfer of property,
even if it is not in writing or registered.
Payment of Consideration:
The transferee must have paid or agreed to pay the consideration, either fully or in
part, as per the terms of the agreement.
Taking Possession or Making Improvements:
The transferee must have taken possession of the property or performed substantial
acts of improvement on it based on the agreement.
The Doctrine of Part Performance has significant implications for property transactions
in India.
It provides protection to transferees who have acted in good faith and relied on
agreements, even if they do not meet the formal requirements of the law.
This doctrine ensures that parties are not unfairly deprived of their rights due to
technicalities or formalities in agreements.
Moreover, the Doctrine of Part Performance promotes certainty and stability in
property transactions by recognizing the practical realities of transactions where parties
have already taken steps towards performance based on their agreements.
Conclusion
The Doctrine of Part Performance, as enshrined in Section 53A of TPA plays an important role
in property law in India. It provides protection to transferees who have partially performed
agreements for the transfer of property, even if the agreements do not comply with formal
legal requirements.