Mark the incorrect statement ........

Transfer of Property Act Transfer of Property

Mark the incorrect statement

Sec 53A furnishes a statutory defence to a person (transferee) who has no registered title-deed/or a valid instrument in his favour to maintain (or protect) his possession

Sec 53A creates no real right, but only a right of estoppel between parties

A transferee can be a plaintiff or a defendant, but his object must be to defend his right of possession, not to obtain it

The rights under Sec 53A can be used both as a shield as well as sword

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Explanation:

The rights under Sec 53A can be used both as a shield as well as sword

Section 53A merely provides a right of defence, it can be used only as a shield not as a sword. The scope of this section is therefore ,limited because no right of action is available to transferee.

Leading case law dealing with the nature of rights of transferee:
Prabodh Kumar Das v. Dantamara Tea Co. Ltd, The Privy Council held that in India the equity of part-performance was not an active equity. It does not give any right of action to the transferee who is in possession of property under an unregistered contract of sale.