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Supreme Court of India 2017-03-21 allowed

Vasanthi vs Venugopal (D) Thr. L.Rs

Bench: 2 — Amitava Roy

In Brief

In this property dispute, the Supreme Court held that a registered purchaser who bought property through a valid registered sale deed is entitled to possession against an earlier unregistered agreement for sale holder. Although the defendant claimed protection under Section 53A of the Transfer of Property Act (part performance doctrine), the Court found he could not establish that he had been consistently ready and willing to enforce the contract, and that the registered purchaser was a bona fide purchaser without knowledge of the prior agreement. The judgment clarifies that part performance protection requires strict compliance with all statutory conditions and cannot protect a passive claimant who failed to pursue legal remedies within prescribed periods.

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Property Law Transfer of Property Part Performance Title to Property Contract for Sale Bona Fide Purchaser

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