Transfer of Property Act, 1882—Section 53A—A party can take shelter behind this provision only when the following conditions are fulfilled. They are:
(i) The contract should have been in writing signed by or on behalf of the transferor;
(ii) The transferee should have got possession of the immoveable property covered by the contract;
(iii) The transferee should have done some act in furtherance of the contract; and
(iv) The transferee has either performed his part of the contract or is willing to perform his part of the contract.
A party can take advantage of this provision only when it satisfies all the conditions aforesaid—All the postulates are sine qua non and a party cannot derive benefit by fulfilling one or more conditions.
Pay Rs.100/- and get full text of the judgment on the above stated point. Judgment will be sent to you by email only after receipt of full payment in our account.*
File Name:- SC_SEPTEMBER 2011_6
(i) The contract should have been in writing signed by or on behalf of the transferor;
(ii) The transferee should have got possession of the immoveable property covered by the contract;
(iii) The transferee should have done some act in furtherance of the contract; and
(iv) The transferee has either performed his part of the contract or is willing to perform his part of the contract.
A party can take advantage of this provision only when it satisfies all the conditions aforesaid—All the postulates are sine qua non and a party cannot derive benefit by fulfilling one or more conditions.
File Name:- SC_SEPTEMBER 2011_6
*Terms and Conditions applicable
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