Transfer of Property Act Section 53A — Part performance
CHAPTER I PRELIMINARY
General
Summary
If a person signs a written contract to sell immovable property, and the buyer has taken possession of the property (or, if already in possession, continues in possession) as part of carrying out that contract, and has also done some act to further the contract, and the buyer has performed or is willing to perform their side of the deal, then the seller cannot later enforce any rights against the buyer regarding that property except for rights that are specifically stated in the contract. This protection applies even if the formal transfer of ownership has not been completed in the legally required manner. However, this protection does not affect the rights of a later buyer who paid for the property without knowing about the earlier contract or its partial performance.
Official Text
Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 2***, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:
Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.]