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STATEMENT OF PROBLEM

The objective of the research project is to discuss what the

doctrine of part performance is, its essentials, rights of the
transferee, validity of the doctrine in circumstances of
unregistered deed etc.

HYPOTHESIS
Doctrine of part performance is a beneficial legislation and
appropriate use of it, acts as a good defence against wrongful
transfer to an innocent party

LITERATURE REVIEW
Whether the transferee occupies the position of a plaintiff or
a defendant, he can resist the transferors claim against the
property. Conversely, whether the transferor is the plaintiff or
the defendant, he cannot enforce his rights in respect of the
property against the transferee. Doubtless, the right conveyed

RESEARCH METHODOLOGY
The method of research adopted in this research paper is the Doctrinal
method of research. Secondary Sources of data have been used to formulate
opinions. Books and internet content constitute major part of the research and
surveys and examinations have not been conducted for the research.

LIMITATION OF THE PROJECT:

The project fails to conduct a primary research, thorough examination,
interviews and surveys due to lack of time. The research of the project limits
to book and internet content.

RESEARCH QUESTIONS

What is the meaning, objective and rights of the

parties involved under S. 53A of TPA, 1882 and to
understand the doctrine of part performance?

Where does the doctrine of part performance find its

origin from, and application under English and Indian
law and the difference between them?

What are the nature of transferees rights under S.

53A and when could it be used as a defence
mechanism?

What are the essential requirements of S. 53A?

What are the exceptions to the doctrine of part

performance?

What is significance of having the instrument of

transfer and sale deed registered under the law for
the enforcement of S. 53A?

CRITICAL ANALYSIS

The doctrine of part performance also known as equity of

part performance says that if a person has taken
possession of an immovable property on the basis of a
contract of sale and has either performed or is willing to
perform his part of the contract, then, he would not be
ejected from the property on the ground that the sale was
unregistered and the legal title has not been transferred to
him.

The doctrine of part performance is an equitable doctrine

designed to relieve the rigor of the law and provide a
remedy when a transfer or an agreement for transfer falls
short of the requirements laid down by the law and it also
acts as a beneficial legislation. In England the doctrine was
developed by the Equity Courts. In a modified form it has
been recognized statutorily in India being embodied in
Section 53A.

Illustration: A contracts with B to sell his plot for X amount

of money. A accepts the advance from B towards the sale of
the plot and hands over the possession of the said plot to B.
After some time, B is ready to pay the remaining sale

ESSENTIALS OF THE DOCTRINE

There is a contract for the transfer of an immovable

property. The contract must be written and it must be
for the transfer of an immovable property for
consideration. Also, the contract must be valid in all
respects.

The second essential is that the transferee has taken

the possession of the property or continues
possession in part-performance of the contract or,
has done some act in the furtherance of the contract.

When a person claims protection of his possession

over a land under Section 53A, his own conduct must
be equitable and just. That is the transferee has
either performed his part of contract or is willing to
perform the same.

The transferee is ready and willing to perform his

part of the contract.

When the above mentioned conditions are fulfilled,

the transferee can defend his continuance of

CONCLUSIONS AND SUGGESTIONS

Doctrine of part performance acts as a beneficial

legislation enacted for the protection of specific
transferees rights under transfer of property and
acts as a guardian.

It does not give to the transferee any right of action.

It provides merely a right of defence. This is the
essence of the principle incorporated in Section 53A
of the Transfer of Property Act.

The doctrine must only be valid, when the transferee

has been wrongly denied of possession and other
rights without having knowledge of the default by
the transferor.

The transferor can rely upon certain exceptions, if

proven, the transferee shall not be able to rely upon
the doctrine to keep possession of the property in

THANK
YOU