सर् आपके द्वारा पेश किए गए इस उद्धाहरण में यदि A एक plot of land बेचने के लिए ,B के साथ sale to aggreement कर लेता है और इसके बाद A, किसी अन्य व्यक्ति C को Registered sale deed करा के बेच देता है परंतु कब्जा B को दे देता है और B उस plot of land पर कुछ निर्माण भी करवा देता है तो इस स्थिति में C के पास क्या उपचार बचेगा।Answer plz.
in your question B has the possesion to invoke section 53A of TPA following condition must be fullfilled 1) there must be a contract to transfer for consideration any immovable property; 2) the contract must be in writing, signed by the transferor, or by someone on his behalf; 3) the writing must be in such words from which the terms necessary to construe the transfer can be ascertained; 4) the transferee must in part performance of the contract take possession of the property, or of any part thereof; B will get the Property if he fullfill all the aforesaid points, And C can file petition for Specific Performance, during the Limitation Period,
@@Eduattack सर् यह 'Specific performance during the limitation period' क्या है?plz explain! और क्या 'C ' , A के विरूद्ध कोर्ट में 420 का अपराधिक मामला चला सकता है?
transferee should do his contractual duties. what transferror is doing not relevant, coz doctrine of part performance saves transferee from the transferror keep learning. wishes
@@noshisingh9784 the answer is NO, for invoking doctrine of part performance doctrine of part performance plays a role of relief, but transferee is willing nd transferror is confusing transfree by delaying , then doctrine of part performance will help, u dont have registered documents , thats why by virtue of aforesaid doctrine , u r getting relief under transfer of property Act 1882 keep learning. wishes.
Very easy explanation, thank you so much sir 👌👌👌👌👌
Best one yet from So far I’ve seen on RUclips
Thank you now I understood
Akdom ❤️❤️🙏
Thank you sir for this video its very helpful and off course ur way of evincing topic is extremely awesome all tym ☺
Chu means
❤👌👌🙏🙏
Thank you so much. Very much appreciate your efforts.
Thanku uh 100 much sir.for ur lovely method...of teching..
Very Very Good Presentation in very Simple Language to be able to grasp essence.
Glad you liked it
Thank you for the video .Helpful one.
Thank you so much ...from pakistan🇵🇰
Very easily explained, thank u so much.
Very much thank you sir, very good explanation.... 🙏🙏🙏💙💙💙
Simply supper bro
Very well explained
Sir safe ho skta h means usko possession mil jaega ya consideration wapas kr denge?
सर् आपके द्वारा पेश किए गए इस उद्धाहरण में यदि A एक plot of land बेचने के लिए ,B के साथ sale to aggreement कर लेता है और इसके बाद A, किसी अन्य व्यक्ति C को
Registered sale deed करा के बेच देता है परंतु कब्जा B को दे देता है और B उस plot of land पर कुछ निर्माण भी करवा देता है तो इस स्थिति में C के पास क्या उपचार बचेगा।Answer plz.
in your question B has the possesion
to invoke section 53A of TPA
following condition must be fullfilled
1) there must be a contract to transfer for consideration any immovable property;
2) the contract must be in writing, signed by the transferor, or by someone on his behalf;
3) the writing must be in such words from which the terms necessary to construe the transfer can be ascertained;
4) the transferee must in part performance of the contract take possession of the property, or of any part thereof;
B will get the Property if he fullfill all the aforesaid points,
And C can file petition for Specific Performance, during the Limitation Period,
@@Eduattack सर् यह 'Specific performance during the limitation period' क्या है?plz explain! और क्या 'C ' , A के विरूद्ध कोर्ट में 420 का अपराधिक मामला चला सकता है?
Excellent sir nice teaching
Thank you so much sir.
What If B doesnot have possession??
U forget to mention most essential of section 53 a .Written agreement .
Thank you sir
Good
Sec 53A could be used only as a shield and not as a sword.
Thanks
Thanks sir
sir you could have given case laws that could have been much better,
Thanks u sir, its very helpful for me...
Amazing one
Thanks for the visit
what is the effect of non registration of agreement on doctorin of part performance?
transferee should do his contractual duties.
what transferror is doing not relevant, coz doctrine of part performance saves transferee from the transferror
keep learning.
wishes
sir I hv still confusion that registration of agreement is compulsory or not?for getting benifit of doc of part performance?
@@noshisingh9784
the answer is NO, for invoking doctrine of part performance
doctrine of part performance plays a role of relief, but transferee is willing nd transferror is confusing transfree by delaying , then doctrine of part performance will help,
u dont have registered documents , thats why by virtue of aforesaid doctrine , u r getting relief under transfer of property Act 1882
keep learning.
wishes.
Sir tell me will is not probat but process January 2008 purchaser prepare a agreement and sign only one Sellar but another p
@@Eduattack Then what is amendment 24.9.2001 in TPA says? Benifit of 53A will only provided if sale aggrement is registered .
Thank you Sir