Transfer conditional on performance of act, no time being specified for performance section 33. Section 106 of the transfer of property act, 1882, interalia, provides that the lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, which may be terminated either by the lessor or the lessee by six months notice expiring with the end of the year of the tenancy. Whereas it is expedient to define and amend certain. The doctrine of part performance law essays essay sauce free. Handing over possession of the property by the transferor to the transferee in part performance of the contract under section 53a of the transfer of property act, 1882 in necessary, but transfer should be of legal titles and rights to enjoy the property. Handing over possession of the property by the transferor to the transferee in part performance of the contract under section 53a of the transfer of property act, 1882 in necessary, but. The doctrine of part performance legal service india. Transfer conditional on performance of act, no time being specified for performance where, on a transfer of property, an interest therein is created subject to a condition that the person taking it shall perform a certain act, but no time is specified for the performance of the act, the condition is broken when he renders impossible. Section 53a of transfer of property act, 1882 embodies the rule of part performance. The delhi high court in a recent decision in panchi devi v.
It provides a way around the statutory bar to the enforcement of an oral contract. The reason is that it deals with certain doctrines having their origin in the common law of england, some totally alien to the indian concepts. An important provision under the transfer of property act 1882. In such a case hari can file a suit against a of specific performance from ram. Transfer conditional on performance of act, no time being specified for performance. It means an act by which a living person conveys property in present or in future to one or more living persons, or to himself, or. Section 53a was enacted in 1929 by the transfer of propertyamendment act 1929 and is based upon the equitable doctrine of part performance. Transfer of property act section 53a and some relevant. In the absence of section 53a, there arose difference of opinion between various courts in india as regards the application of english doctrine of part performance of contract as it was then prevailing in england. Enactments relating to contracts to be taken as part of contract act and.
Page 230 judges held, that, in the case of a chose in action, you must do everything towards having possession which the subject admits. The doctrine of part performance has been adopted in indian law from the common law. When the transfer of property act was enacted, section 53a did not find place in it. Where, on a transfer of property, an interest therein is created subject to a condition that the person taking it shall perform a certain act, but no time is specified for the performance of the act, the condition is broken when he renders impossible.
Where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with. For this purpose, you must give notice to the legal holder of the. Section 54 of the transfer of property act iv of 1982 defines sale as under. 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. Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of. Section 5 of the transfer of property act, 18821 defines transfer of property. According to the statutory provisions, a person must have contracted to transfer immovable property for a consideration. While discussing the law and authorities on the subject, justice v. This section is applicable only in case of transfer of. He who seeks equity must do equity doctrine of part performance the doctrine of past performance, based on principle of equity, developed in england and was subsequently added to the transfer of property act, 1882 via the amendment act of 1929. In writing and it must be signed by him or on his behalf. Transfer of property act doctrine of part performance section 53a.
Transfer of property act, 1882 part performance notes. Be it enacted by parliament in the fifty second year of the republic of india as follows. The registration and other related laws amendment act, 2001. Provisions of section 53a of transfer of property act, 1882. A person enters into a contract to transfer an immovable property. The transfer of property act 1882, was amended substantially in 1929. The transfer of property act 1882 is an indian legislation which regulates the transfer of property in india. An act further to amend the transfer of property act, 1882. The essence of handing over the possession as contemplated in section 53a of transfer. Transfer of property act unborn child notes to help.
Where any person contracts to transfer for consideration any immovable 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. Kumar land lease lessee lessor liabilities lis pendens mortgagemoney mortgaged property mortgagor notice ostensible owner ownership partperformance parties payment pendente lite performance plaintiff possession prasad principle prior interest privy council property act provides. Commentaries on the transfer of property act, 1882. Preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. The transfer of property act, 1882 the transfer of. Fraudulent transfer is voidable at the option of creditor and transferee. Part performance under the transfer of property act. Section 53a of the tpa was added to the statute book in the year 1929 and is a modified form of the equity principle of part performance which got developed in england in the case of. This section is an attempt to import into india what used to be known in england, the rule of double possibilities. The management and transfer of properties by development.
It extends in the first instance to the whole of india except the territories which, immediately before the lst november, 1956, were comprised in part b states or in the states of bombay, punjab and delhi. Textbook on the transfer of property act avtar singh. The first part is in respect of transfer of immovable property made with intent to defeat or delay the creditors of the transferor and second part is in respect of transfer with intent to defraud a subsequent transferee. Transfer of property means an act by which a living person conveys property to one or more other living persons.
This act or any part thereof may by notification in the. Finally in 1929, the transfer of property act was amended and the english law of part performance became a part of indian laws though a little modified. Provisions of part are supplementary, but subject, to personal property securities act 1999 in relation to mortgages over personal property. The doctrine of part performance is a very important provision under the transfer of property act. The principle of section 53 is based on the rule of justice, equity and good conscience. Fraudulent transfer of property and its effect the law study. Real property act 1900 no 25 contents page historical version for 1. An act to amend the law relating to the transfer of property by act of parties. Section 53a in the transfer of property act, 1882 indian kanoon.
It must be an agreement enforceable by law under the indian contract act, 1872. Section of the act refers to transfer for benefit of unborn person. Be it enacted by parliament in the fifty third year of the republic of india as follows. Partperformance doctrine law and legal definition partperformance doctrine is an equitable principle that allows a court to recognize and enforce an oral contract despite its legal deficiencies. This dispute pertains to section 53a of the transfer of property act 1882, it has highlighted the doctrine of part performance. Doctrine of part performance under the indian laws case. Sale is a transfer of ownership in exchange for a price paid or promised or partpaid and partpromised.
The rule is that a person disposing of property to another shall not fetter the free disposition of that property in. Full text containing the act, transfer of property act, 1882, with all the sections, schedules, short title, enactment date, and footnotes. Whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Section 5 of the act defines transfer of property as in the following sections transfer of property means an act by which a living person conveys property in present or in future, to one or more other living person, or to himself, and one or more other living persons, and to transfer property is to perform such act. It shall come into force on the first day of july, 1882. Analysis of section 53a of transfer of property act, 1882. Section 100 of the transfer of property act, 1882henceforth referred as the act defines a charge. In this section contract, in relation to the territories to which the transfer of property act, 1882 4 of 1882, does not extend, means a contract in writing.
Transfer of property act, 1882 bare acts law library. Where any person contracts to transfer for consideration any immovable 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. This act may be called the transfer of property act, 1882. Short title this act may be called the transfer of property act, 1882. Doctrine of part performance of contract is contained in section 53a of the transfer of property act, 1882 hereinafter referred to as tpa. An act to amend the law relating to the transfer of property by act of parties preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. A transfer made with intention to defeat any right of the transferee or of any other person interested therein is called fraudulent transfer of property. This doctrine was subsequently added to the transfer of property act, 1882 by virtue of section 53a by the amendment act of 1929. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. Know more in full video in this elearning video by sabakuch, learn about. It is an instrument to protect the buyer from the fraudulent aspects in the transfer if any, it does not affect the right of the transferor the person who transfers the property under the sale if he has lawful rights to hold back the property. Here hari is ready to play his part of the contract but now ram is not. Omwati has discussed the broad principles of part performance under s. Saving of donations morris causa and muhammadan law.
The transfer of property act, 1882 4 of 1882 17th february 1882 an act to amend the law relating to the transfer of property by act of parties preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Nonapplication of part to security interests in consumer goods. Enactment relating to contract to be taken as part of contract act chapter ii of transfers of property by act of parties a transfer of property,whether movweble or immovable 5. Transfer of property act doctrine of part performance. Repeal of acts saving of certain enactments, incidents, rights, liabilities, etc.