- Which is not the necessary ingredient for attracting the provisions of Section 53(A) of T.P. Act?
Core Legal Answer & Context: Section 53A of the Transfer of Property Act, 1882, embodies the doctrine of part performance, which provides a protective shield to a transferee who has taken possession of property under an unregistered agreement for transfer. The essential ingredients for invoking Section 53A include: an agreement for the transfer of immovable property for consideration, the agreement being in writing and signed, the terms being ascertainable, the transferee taking or continuing in possession in part performance, and the transferee performing or being willing to perform their part of the contract. Crucially, this doctrine exclusively applies to agreements concerning immovable property. Therefore, movable property is not an ingredient of Section 53A.
Relevant Statutes and Sections: Transfer of Property Act, 1882, Section 53A (Part performance).
Important Landmark Cases: Shrimant Shamrao Suryavanshi v. Pralhad Bhairoba Suryavanshi (AIR 2002 SC 960) reiterated the conditions for the applicability of Section 53A.
Clear Conclusion: Moveable property is not an ingredient of Section 53(A) of T.P. Act.