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Transfer of Property Act Transfer of Property

Mark the Incorrect statement:

The doctrine of part performance of contract is based on the general doctrine of prevention of fraud.

It is meant to protect transferee, who have taken possession, spent money in further improvements, in reliance upon the documents which are ineffective as transfers for want of registration, etc.

The doctrine developed in English law as an equitable remedy to protect such transferees. :

In India, the doctrine applies to oral as well as written agreements.

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Explanation:

In India, the doctrine applies to oral as well as written agreements.

53A. Part performance

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 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 the contract, though required to be registered, has not been registered, or, 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.