What is Section 53A of Transfer of Property Act?

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.

Which is not the ingredient of Section 53A of Transfer of Property Act 1882?

It does not include standing timber, growing crops, or grass. It includes the right to collect rent, life interest in the income of the immovable property, a right of way, a fishery, or a lease of land.

What is part performance under Transfer of Property Act?

The Doctrine of Part Performance is a very important provision under the Transfer of Property Act. According to the statutory provisions, a person must have contracted to transfer immovable property for a consideration. The transfer should be in writing and duly signed by either the transferor or his agent.

Which is not the ingredient of Sec 53 A of TP Act?

Section 53A is simply to the effect that absence of registration of conveyance deed will not go against the buyer when buyer has performed his part and has purchased property, in a manner and to the extent that sale in his favor is completed except requirement of legal transfer by way of registration.

Can a co owner make a transfer without the consent of other co owners?

The co-owner can sell or transfer his portion only when he has exclusive rights to that portion of the property. If the exclusive rights are not entitled to each co-owner, such transfer of rights cannot take place without the consent of other joint co-owners.

What is the rule of part performance?

Doctrine of Part Performance is an equitable doctrine and it is incorporated to prevent fraud and from taking illegal advantage on account of non-registration of the document. This Doctrine is based on the maxim, Equity look at as it is done which ought to have been done.

What are the properties that Cannot be transferred?

(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. (dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred. (e) A mere right to sue cannot be transferred.

What is instrument in TP Act?

Interpretation clause.—In this Act, unless there is something repugnant in the subject or context,— “immoveable property” does not include standing timber, growing crops or grass; ”instrument” means a non-testamentary instrument; 1[“attested”, in relation to an instrument, means and shall be deemed always to have …

How can property be transferred?

There are various modes of transferring ownership of property: permanently by 1) relinquishment 2) sale 3) gift; and temporarily by way of 4) mortgage 5) lease and, 6) leave and license agreement.

When to use Section 53A of transfer of Property Act?

The provisions of Section 53A ,envisages situations where under a contract for transfer of immovable property , the purchaser has paid the price and has taken possession of the property even though the transfer deed or conveyance has not been registered.

What is the transfer of Property Act of 1882?

Protective shield for property buyers: Section 53A of the Transfer of Property Act, 1882 is to protect non-defaulting buyer of property. The Transfer of Property Act, 1882. The Indian Contract Act, 1872. Section 53 A of the Transfer of Property Act, 1882 reads as follows (with highlights added by the author for analysis): 53A.

What does transfer of property in Section 5 mean?

Section 5 defines “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and “to transfer property” is to perform such act.

What does Section 53A of the US Constitution say?

Section 53A says that if a person makes a agreement with another and lets the other person act on the behalf of the contract; such a person creates an equity himself that can not be resisted on the mere grounds of absence of formality in the evidence or contract of such a transfer.

What is Section 53A of Transfer of Property Act? 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. Which is not the…