Section 53A The Transfer of Property Act, 1882

 


 Section 53A The Transfer of Property Act, 1882: 

Part performance.—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 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.]




Supreme Court of India Important Judgments And Leading Case Law Related to Section 53A The Transfer of Property Act, 1882: 

Commissioner Of Income Tax vs Balbir Singh Maini on 4 October, 2017

Sardar Govindrao Mahadik & Anr vs Devi Sahai & Ors on 15 December, 1981

Rambhau Namdeo Gajre vs Narayan Bapuji Dhotra (Dead)  on 25 August, 2004

Hamzabi And Ors vs Syed Karimuddin And Ors on 28 November, 2000

Technicians Studio Private Ltd vs Lila Ghosh & Anr on 19 September, 1977

Biswabani (P.) Ltd vs Santosh Kumar Dutta And Ors on 14 September, 1979

Delhi Motor Company And Ors vs U.A. Basrurkar And Ors on 8 January, 1968

Vasanthi vs Venugopal (D) Thr. Lrs on 21 March, 2017

Shrimant Shamrao Suryavanshi And vs Pralhad Bhairoba Suryavanshi (D) on 22 January, 2002

Patel Natwarlal Rupji vs Shri Kondm Group Kheti Vishayak  on 6 December, 1995





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