The Doctrine of Part Performance is primarily designed to prevent ___ and ___ arising from the non-registration of documents.

Fraud and misuse

True or False: Under the Doctrine of Part Performance, a transferee can be barred from enforcing rights that are not explicitly stated in the contract.

True

What condition must be met for the Doctrine of Part Performance to apply according to Section 53-A of The Transfer of Property Act, 1882?

The transferee must have taken possession of the property or continued in possession in part performance of the contract.

Fill in the blank: The Doctrine of Part Performance is based on the maxim that equity considers what has been done rather than what ___ have been done.

Ought to

True or False: The rights of a transferee for consideration who is aware of the contract can be affected by the Doctrine of Part Performance.

False. The rights of a transferee who is unaware of the contract are not affected.

What is the significance of possession in the context of the Doctrine of Part Performance?

Possession signifies that the transferee has taken or continued in possession of the property, which is crucial for the application of the doctrine despite the transfer not being legally completed.

Fill in the blank: The Doctrine of Part Performance prevents the transferor from enforcing rights against the transferee except for those explicitly stated in the ___.

Contract

Explain the relationship between the Doctrine of Part Performance and the Transfer of Property Act, 1882.

The Doctrine of Part Performance is outlined in Section 53-A of the Transfer of Property Act, 1882, which defines the conditions under which a transferee's possession can protect them from the transferor's claims.

What is required for a contract to be considered partly performed under Section 53-A?

There must be a contract for the transfer of immovable property for value, and the transferee must have taken or continued possession in part performance of the contract.

True or False: Section 53-A applies to oral contracts.

False. Section 53-A does not apply to oral contracts; the contract must be in writing.

The contract for the transfer of immovable property must be ___ in all respects and enforceable under the Indian Contract Act, 1872.

Valid

Fill in the blank: Section 53-A is applicable only to the transfer of ___ property and not to movable property.

Immovable

What must the written contract clearly indicate regarding the transfer of immovable property?

The written contract must clearly indicate the transfer of immovable property for consideration, and the terms should be ascertainable with reasonable certainty.

True or False: If the transferee is already in possession, they are not required to do any act in furtherance of the contract.

False. If the transferee is already in possession, they must do some act in furtherance of the contract.

What condition must be fulfilled regarding the transferee's willingness in a contract of transfer under Section 53-A?

The transferee must be willing to perform their part of the contract.

Fill in the blank: A written contract for the transfer of immovable property must be duly executed, meaning it must be signed by the ___ or someone on their behalf.

Transferor

The Doctrine of Part Performance applies only to ___ and ___ contracts.

Written and valid

True or False: The Doctrine of Part Performance can be invoked for oral agreements.

False. It only applies to written and valid contracts.

What must the transferee do to enforce the Doctrine of Part Performance?

The transferee must take possession of the property and be ready and willing to perform their part of the promise.

Fill in the blank: The Doctrine of Part Performance is intended to be used as a ___, not a ___.

Shield, sword

What significant change did the Amending Act (48 of 2001) bring to Section 53-A?

It removed the requirement for registration of contracts, indicating that non-registration is not a barrier to applying part performance.

True or False: Under Section 53-A, proof of acts done in furtherance of the contract is now required.

True.

Fill in the blank: Section 53-A of the T.P. Act is applicable to all contracts of transfer for ___.

Consideration

How do the amendments in Section 17 and Section 49 of the Registration Act relate to the Doctrine of Part Performance?

The amendments aim to prevent perpetual possession of immovable property while evading the law of registration.

The Doctrine of Part Performance is primarily designed to prevent ___ and ___ arising from the non-registration of documents.

Fraud and misuse