The Doctrine Of Part Performance

Akanksha, B.A.LL.B., KIIT University

ABSTRACT

Fundamentally egalitarian, the Doctrine of Part Performance is based on the ideas of fairness, conscience, and equity. An equitable concept called the Doctrine of Part Performance was created to combat fraud and illegal exploitation that may arise from a document's non-registration. The guiding principle of this idea is that equity treats an action as though it had been done, and that it ought have been done. The doctrine basically says that, aside from rights expressly mentioned in the contract terms, the transferor or any party asserting through them is not allowed to enforce any rights toward the transferee and those asserting under them with regard to the property that the the recipient has taken ownership of or continued to possess. This research study looks at the theory of part performance's foundations and assesses its objectives. The author of this essay examines the doctrine's development in Indian law after first analyzing its introduction in English law. The author then discusses the implications of the changes made to section 53A. We'll also talk about the scope of section 53A and the necessary conditions for its functioning. The author then draws a comparison between Indian law and English law's part performance theory. In the end, the author provides a fitting ending for the piece.

Keywords: Part Performance, Equity, Property