{"id":3571,"date":"2020-07-06T19:24:10","date_gmt":"2020-07-06T19:24:10","guid":{"rendered":"https:\/\/lexforti.com\/legal-news\/?p=3571"},"modified":"2021-01-17T05:50:05","modified_gmt":"2021-01-17T05:50:05","slug":"doctrine-of-part-performance","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/doctrine-of-part-performance\/","title":{"rendered":"Doctrine of Part Performance"},"content":{"rendered":"\n

Prachurya Sahu | Symbiosis Law School, Pune<\/p>\n\n\n\n

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In all agreements involving the transfer of property, the transferor and the transferee need to mutually agree to the transfer for a decided consideration and terms. Further, such a transaction is said to be validly executed only when both parties have completed their obligations under the contract i.e. consideration has been paid or a promise to pay has been made from the transferee and the requisite interest has been transferred by the transferor.<\/p>\n\n\n\n

Therefore, an agreement of transfer of property is a reciprocal arrangement imposing obligations as well as benefits on both parties to the agreement which is enforceable at the instance either party. Both parties are expected to carry out their obligations towards the other, in good faith. However, there are cases of fraud committed by the transferors which is where the Doctrine of Part Performance becomes useful. It is an equitable doctrine which is incorporated in Property Law, to prevent such deceitful transferors from taking advantage of transferees who have fulfilled their obligations under the contract.<\/p>\n\n\n\n

This doctrine in India is the modified manifestation of the equity principle of part performance developed in England in the case of Elizabeth Maddison v. John Alderson[1]<\/a> which aims to save the interest of the transferee against the transferors who do not fulfil their obligations.<\/p>\n\n\n\n

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Table of Contents<\/p>\n