Question

Choose the correct answer regarding the doctrine of part performance.

• A. The transferee, being already in possession, merely continuing in possession of the property is sufficient to constitute a part performance of the contract in his favor
• B. It is to be shown that the person claiming the benefit of part performance was not willing to perform his part of the contract, even though he is entitled for the protection of doctrine of part performance
• C. It is obligatory upon the person claiming the benefit of part performance to show that he was ready and willing to perform his part of the contract
• D. It is sufficient to show that the transferor had orally or in writing contracted to transfer for consideration any immovable property and the transferee has taken possession of the property

Hint:

Readiness and willingness to perform the contract is the backbone of the doctrine of part performance.

Answer 1

The Correct Option is C

Step 1: Doctrine of part performance.
The doctrine of part performance under Section 53A of the Transfer of Property Act protects a transferee who has acted on a contract relating to immovable property.
Step 2: Essential requirement.
A mandatory condition for invoking Section 53A is that the transferee must prove that he has performed or is willing to perform his part of the contract.
Step 3: Evaluation of options.
Mere continuation of possession is insufficient. Lack of willingness defeats the claim. Readiness and willingness are indispensable.
Step 4: Conclusion.
Hence, option (C) correctly states the law.