Question
Section 53A of the Transfer of Property Act, 1882,
protects a transferee who has taken possession under an unregistered contract. Which of the following is NOT a requirement for invoking this doctrine?Solution
Section 53A requires: (1) written agreement signed by transferor, (2) transfer for consideration, (3) transferee in possession (actual or constructive), and (4) transferee's readiness and willingness to perform obligations. The transferor need not provide formal written approval for possession as the transferee's actual occupation itself constitutes part performance. This doctrine protects equitable interests even without formal registration, provided the transferee proves part performance through actions like taking possession or making improvements.
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