The Supreme Court of India has held judgments on Section 53A of the Transfer of Property Act, 1882 (TPA). Section 53A is about the “Doctrine of Part Performance.” It goes on to say that whenever there is a case where an individual has accepted possession of an immovable property subject to a contract for its transfer, and the transferee has performed or is ready to perform his part of the contract, the transferor shall not protect his rights against the transferee, even though such a transfer has not been made through a registered instrument.
However, this protection does not amount to establishing rights and again does not vest ownership rights. It only offers a shield to the transferee for protecting possession but does not enable the transferee to claim rights as owner.
Cases on Disposal
1. Shri Sanjay Verma vs. Shri Manik Roy and Ors. (2006)
This reiterated by the Supreme Court in this case that Section 53A does not give rights of ownership to the transferee. It only serves as protection against transferor or successors in interest. It was held that the transferee could protect their possession but cannot claim ownership unless there is a fulfillment of such transfer by a registered deed.
2. Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana (2012)
The Court in that case dealt with the question of property transactions through the Power of Attorney (PoA), agreements to sell and other informal modes of transfer. The Court held that such transfers do not vest any title, ownership or interest in the property. Judgment clarified that property cannot be transferred legally unless it is done through a registered sale deed. Therefore, while Section 53A affords some protection in part performance, it does not supplant proper registration.
3. Ram Gopal vs. Manjeet Singh (2020)
This finding clarified that the defense under Section 53A is available only if the transferee remains in possession of the property. If they have been dispossessed, the protection under Section 53A would not be available because they are not entitled to the claim of possession. Moreover, the transferor must be ready and willing to perform his part of the contract.
Conclusion
In plain words, it can be said that Section 53A provides limited protection under the doctrine of part performance but does not replace the need for formal registration of property transfer to claim full ownership rights. The Supreme Court has clarified that while Section 53A may avoid dispossession, it cannot vest title in the absence of proper legal procedures.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
