The Power of Incomplete Contracts: Examining the Doctrine of Part Performance

  • Ishita Thawrani
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  • Ishita Thawrani

    Student at Symbiosis Law School, Nagpur, India

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In order to stop fraud and unlawful benefit taking place due to the document’s non-registration, the equitable doctrine known as the Doctrine of Part Performance was integrated. According to the doctrine, the transferor and anyone claiming under him are prohibited from enforcing any rights—aside from those expressly granted by the terms of the contract—against the transferee and anyone claiming under him with regard to the property that the transferee has taken or is continuing to possess. Equity looks at what is done as it ought to have been done is the concept upon which this doctrine is built. When someone enters into a written agreement to transfer any immovable property for consideration, and the terms required to make the transfer are ascertained reasonably certain, and the transferee has either partially fulfilled the contract by taking possession of the property or any part of it, or the transferee, already in possession, continues to partially fulfill the contract and has carried out an act in furtherance of the contract, and the transferee has fulfilled or is willing to fulfill his portion of the contract, then, even in cases where there is an instrument of transfer, the transfer has not been carried out in the way specified by the law currently in effect. A right regarding property that the transferee has taken possession of or continued to hold, other than one that is specifically granted by the terms of the contract, cannot be enforced against the transferor or any person claiming under him. As long as the transferee for consideration is unaware of the contract or its partial fulfillment, nothing in this section will impact their rights.




International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 2409 - 2424


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