Lawgist53APart performance
1[53A. Part performance.-- 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.]
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1. Ins. by Act 20 of 1929, s. 16.
1. The words "the contract though required to be registered, has not been registered, or" omitted by Act 48 of 2001, s. 10 (w.e.f. 24-9-2001).
- 38 Transfer by person authori sed only under certain circumstances to transfer
- 39 Transfer where third person is entitled to maintenance
- 40 Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement
- 41 Transfer by ostensible owner
- 42 Transfer by person having authority to revoke former transfer
- 43 Transfer by unauthorised person who subsequently acquires interest in property transferred
- 44 Transfer by one co-owner
- 45 Joint transfer for consideration
- 46 Transfer for consideration by persons having distinct interests
- 47 Transfer by co-owners of share in common property
- 48 Priority of rights created by transfer
- 49 Transferee's right under policy
- 50 Rent bona fide paid to holder under defective title
- 51 Improvements made by bona fide holders under defective titles
- 52 Transfer of property pending suit relating thereto
- 53 Fraudulent transfer
- 53A Part performance
