The following are some postulates as sine qua non for basing a claim on section 53A of the Transfer of Property Act, 1882
(1) The contract should have been in writing signed by transferor.
(2) Transferee should have got possession of the immovable property covered by contract.
(3) Transferee should have done some act in furtherance of contract.

The following are some postulates as sine qua non for basing a claim on section 53A of the Transfer of Property Act, 1882
(1) The contract should have been in writing signed by transferor.
(2) Transferee should have got possession of the immovable property covered by contract.
(3) Transferee should have done some act in furtherance of contract. Correct Answer All (1), (2) and (3) are relevant

Bissoy MCQ

Related Questions

A' entered into an agreement with 'B' to sell immovable property of the former for consideration and 'B' was put in possession of the property. Both parties had signed the agreement. The agreement had not been registered under the Indian Registration Act. In a suit between the parties, 'B' claimed the benefit of Section 53A of the Transfer of Property Act. Whether his claim is maintainable?
Choose the correct answer
(1) A trustee may also be a beneficiary and can be the sole beneficiary
(2) A trustee may also be a beneficiary, but cannot be the sole beneficiary
(3) A donor may also constitute himself a trustee, and though remaining in possession, may transfer legal possession by declaring his possession as donee's.
(4) A donor may also constitute himself a trustee, and though remaining in possession, cannot transfer legal possession by declaring his possession as donee's.
A', on 9th January, 2015 agrees to sell his immovable property to 'R' and out of the total sale consideration of Rs. 3,00,000/- receives a sum of Rs. 1,00,000/- from 'B' as advance payment and agrees to vacate the property and handover vacant peaceful physical possession thereof to 'B' and to execute the Sale Deed of the property in favour of 'B' on receipt of balance sale 'consideration' on or before 9th July, 2015. 'A' fails to vacate the property or to execute the Sale Deed or to deliver possession of the property to 'B'. 'B' after waiting patiently till 31st January, 2016, on 1st February, 2016 got issued a legal notice to 'A' to take the balance sale consideration and execute the Sale Deed and deliver vacant peaceful physical possession. 'A' vide his reply received by 'B' on 17th February, 2016 denies the agreement. The limitation of three years available to 'B' for instituting a suit for specific performance is:
Registration of the documents containing contract to transfer for consideration, any immovable property for the purposes of Section 53A of the Transfer of Property Act, 1882, has been made compulsory with effect from . . . . . . .
Mark the incorrect proposition:
1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.
2. Set-off and counter-claim arises out of the same transaction.
3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.
5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.
Propositions are:
1. Set-off and counter-claim arises out of the same transaction.
2. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
3. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim.
In respect of the aforesaid which is correct:
During continuance of possession of immovable property the person in possession is estopped from denying the title to such immovable property of the person who put him in such possession, if:
Every notice of transfer of an actionable claim shall be in writing, signed by the transfereror or his agent or in case the transferor refuses to sign, by the transferee or his agent and shall state the name and address of the transferee. This is the provision under
Consider the following statements:
In Bhagvandas Goverdhandas Kedia v. Girdharilal Parshottamdas and Co. it was laid down that
1. section 4 does not imply that the contract is made qua the proposer at one place and qua the acceptor at another place.
2. the communication of acceptance should be from a person who has the authority to accept. Information received from an unauthorized person is ineffective.
Which of the statements given above is/are correct?
Statement A: Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor is void.
Statement B: Every transfer of immovable property made without consideration with intent to defraud a subsequent transferee is void.