Related to Personal possession: Personal property law Personal Property Everything that is the subject of ownership that does not come under the denomination of real property; any right or interest that an individual has in movable things. Personal property can be divided into two major categories: Possession Possession is a property interest under which an individual is able to exercise power over something to the exclusion of all others.
In law of contracts for e. Section 53A says that if a person makes a agreement with another and lets the other person act on the behalf of the contract; such a person creates an equity himself that can not be resisted on the mere grounds of absence of formality in the evidence or contract of such a transfer.
Thus, if the contract has not been registered or completed in the prescribed manner, the transferor can still not go against the transferee or anyone claiming under him.
However, the deed should not be unsigned or unstamped. Nothing in this section affects the rights of a transferee for consideration even if he had no notice of contract of part performance.
A contracts with B to sell his plot for X amount of money. A accepts the advance from B towards the sale of the plot and hands over the possession of the said plot to B. After some time, B is ready to pay the remaining sale amount but A refuses to accept the same.
Further A asks B to hand over the plot back to him.
Here B is ready to perform his part of the contract but A is not. In such a case, B can bring a case requiring specific performance from A. It does not matter that the sale was not registered.
As per law, a transfer of immovable property valued over Rs. But it was believed that strict compliance may lead to extreme hardships especially where one party has already performed his part in the confidence that the other party will honor the agreement. If such registration or other formalities have not taken place, the doctrine of part performance will be applicable.
If such a transferee takes possession of the property, he can not be evicted due to an unregistered contract. The section is a defense as well as a right that helps protect the possession against any challenge.
It tries to prevent fraud on the mere basis of ineffective evidence of the transfer. The section does not confer a title upon the transferee in possession but it imposes a statutory bar on the transferor.
The doctrine can not be applied if there is a void agreement or no agreement. Acts done prior to the agreement or independent of it can not be deemed to be part performance of the contract; and f The transferee should have performed his part of the deal or be willing to perform it.
In India, this doctrine has been enacted with a few modifications. A had promised B a certain property as life estate, meaning B could enjoy the property during his life time. B served A for years upon this promised life estate. The will bequeathing such interest and property to B failed due to want for proper attestation.
After A died, one of his heirs brought action to recover the property from B. It was held that the act of part performance could not be proof of the contract since the performance was a condition precedent to the contract. The heir of A was able to recover the said property.
The agreement was prepared but not signed.
In the meantime, rent arrears started to accumulate as Walsh could not keep up with the quarterly payments of rent. Lonsdale demanded the advance rent for one year and seized some goods of Walsh when he defaulted.This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham.
Also available from Amazon: The New Law Of Property. Principal Statutory Provisions Relating To Real Property (A). Feb 24, · After the Transfer of Property Act, came into force, some thought that Sections 54 and 59 which required registered documents were necessary for sale of immovable property or regarding mortgage respectively.
There were divergent views a few years later stating that doctrine can not be used to override statutory provisions.
Definition of Personal possession in the Legal Dictionary - by Free online English dictionary and encyclopedia. however, in the absence of contrary statutory provision, the title to treasure trove belongs to the finder against all others with the exception of the true owner.
unconditional transfer of property between two living persons. A possession of the real property may give rise to a claim of adverse possession when the claimant has been in actual possession of the property, and when possession is adverse, hostile, exclusive, and uninterrupted for the statutory period.
Apply The Statutory Provisions On The Transfer Of Property And Possession.
THE TRANSFER OF PROPERTY ACT, PERSONS COMPETENT TO TRANSFER (Section-7) Submitted by: Ananya mohapatra BBA-LLB (A) 5th Semester PERSONS COMPETENT TO TRANSFER (Section-7) Every person competent to .
Principal Statutory Provisions Relating To Real Property (A). Part 2. The New Law Of Property. Principal Statutory Provisions Relating To Real Property (A).
Part 2. and such interest whether wholly equitable or partly legal and partly equitable shall be an estate of inheritance in possession or equal to an estate of inheritance in.