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Who can use the doctrine of Part Performance?
Both defendant-Plaintiff
Only Plaintiff
Only defendant
Unborn Person
- The doctrine of Part Performance (under Section 53A of the Transfer of Property Act, 1882) is a defense used in property disputes.
- It protects a person who has performed their part of an unregistered contract for the transfer of immovable property.
- The doctrine is only used as a shield, not a sword—meaning it can only be used as a defense and not to bring an action.
- Only the defendant can use this doctrine to protect their possession or interest in the property if the other party tries to wrongly dispossess them.
- It cannot be used by a plaintiff to claim possession or title.
- Unborn persons cannot use it as they do not have legal capacity.
- Option 1: Both Defendant-Plaintiff
- Option 2: Only Plaintiff
- Option 3: Only defendant
- Option 4: Unborn Person
By: Kamal Kashyap ProfileResourcesReport error
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