Transfer of Property Act, 1882, Section 53A -- Part performance - S.53-A of the Act, confers no right on a party who was not willing to perform his part of contract - A transferee has to prove that he was honestly ready and willing to perform his part of contract...........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- U, registered agreement to sell - Part performance - Possession of suit property not given to plaintiffs - S.17(1-A) of Registration Act, therefore, is not applicable - Moreover, agreement for sale was executed in the year 1995, whereas, amendment in S.17 of Registration Act, which makes..........
Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Part performance - Party can defend his possession against true owner on the strength of agreement to sell subject to proving the requirements of S.53-A of the Act, but once his suit for specific performance stood dismissed, protection available u/s 53-A of the Act is no longer available to him...........
Income Tax Act, 1961, Section 2(47)(v), Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17, 49 -- Capital gain - Liability to pay tax - Applicability of doctrine of part performance u/s.53A of T.P.Act - By Registration (Amendment) Act, 2001, if agreement like Joint Development Agreement (JDA) is not registered, then it shall have no effect..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - S.53-A of the Act, protects only possession of a transferee who had obtained such on the strength of contract between him and transferor and where he has performed or is willing to perform his part of contract...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Right u/s 53-A of the Act, is a statutory right, which can be used to defend possession of transferee but does not create a title in him - When transferee admits that he is no longer in possession of property and that such possession is with plaintiffs, then it would be difficult to concede that he would..........
Transfer of Property Act, 1882, Section 54, 55, 53A -- U, registered agreement to sell - Does not meet the requirements of Ss.54, 55 of the Act - However, same can only be used as a defence in proceedings initiated by transferor or by any person claiming under him with respect to S.53-A of the Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - No relief u/s 53-A of the Act will be available to transferee on basis of contract of sale, if executed on or after cut-off date without having registration...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit for declaration and injunction - Instituted upon unregistered agreement to sell executed much after cut-off date - Therefore, plaintiff cannot take benefit of S.53-A of the Act as his claim is based upon unregistered document and hence, plaintiff claim is not maintainable...........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Expiry of period of limitation - No bar for a person in possession of an immovable property in part performance of a contract for transfer for consideration to assert the shield of S.53A of Transfer Property Act...........
