Section 53A in The Transfer Of Property Act, 1882
53A. Part performance.—
Where any person contracts to transfer for consideration any immoveable property by writing ... contract, then, notwithstanding that where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor
possession of the suit property pursuant to agreement of sale under Section 53A of the Transfer of Property Act cannot claim adverse possession ... Therefore, as under Section 16(c) of the Specific Relief Act, the transferee relying on Section 53A of the Transfer of Property Act to protect
Property Act, Section 53A of the Act was not attracted. Secondly, it has been urged that under the proviso to Section 53A of the Transfer ... interpretation of the proviso to Section 53A .
11. The proviso to Section 53A of the Transfer of Property Act runs thus:
"Provided that nothing
containing contracts to transfer for consideration, any immovable
property for deriving the benefit under Section 53A of the Transfer of
Property Act must be registered ... documents containing contract to transfer for consideration, any
immovable property for the purposes of Section 53A of Transfer of
Property Act is required
containing contracts to transfer for
consideration, any immovable property for the purpose of section
53A of the Transfer of Property Act, 1882, shall be registered ... that contracts to transfer for
consideration any immovable property for the purpose of section 53A of the
Transfer of Property Act, 1882, shall be registered
would
not be applicable as actual transfer of property as per section 53A of the
Transfer of Property Act had not been taken place ... assessee. The relevant section applicable is Section 2(47)(v) r.w. Section
53A of the Transfer of Property Act, as per which the transfer
containing contracts to transfer for
consideration, any immovable property for the purpose of
section 53A of the Transfer of Property Act ... containing contracts to transfer for
consideration, any immovable property for the purpose of
Section 53A of the Transfer of Property Act
u/s 17(1A) of the Registration Act, 1908,
meant for compulsory registration of transfer of immovable property
governed by the Transfer of Property Act ... considering the provision
of section 2(47)(v) of the IT Act read with section 53A of the Transfer of
Property Act and section
defendant being an agreement purchaser of
immovable property cannot under Section 53A of the Transfer
of Property Act, 1882 be ejected therefrom;
(cc) that ... grant or disposition of property except the document
itself shall be given. Section 53A of the Transfer of Property Act is available
only where
entitled to be in possession in pursuance of Section 53A of the Transfer of Property Act. Time is not the essence of the contract ... buyer had satisfied all the requirements of Section 53A of the Transfer of Property Act including his willingness to perform his part of the obligations
