The doctrine of part performance as given in Sec 53 A of T P Act is 1 A statutory right 2 ...........

Transfer of Property Act Transfer of Property

Download Solution PDF

The doctrine of part performance as given in Sec. 53-A of T.P. Act is:

1. A statutory right..

2. An equitable right.

3 Available in defence.

Codes:

1 and 3.

1 and 2.

2 and 3.

छोटे Courses बड़े Results

Master Transfer of Property

Prepare through Micro-courses

Try Now

Explanation:

2 and 3.

Section 53A was enacted in 1929 by the Transfer of property(Amendment) Act 1929 and is based upon the equitable doctrine of part performance in English law. It is also known as 'equity of part-performance'.

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.