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26/10/2021
Laws of Bangladesh

1The Transfer of Property Act, 1882

( ACT NO. IV OF 1882 )

Chapter II

OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

(B) Transfer of Immoveable Property

Part performance
2[53A. Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty,
 
 
and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract,
 
 
and the transferee has performed or is willing to perform his part of the contract,
 
 
then, 3[* * *] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:
 
 
Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.]

  • 1
    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Tk.” were substituted, for the words “Pakistan”, “Central Government” or “Provincial Government” and “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 2
    Section 53A was inserted by section 16 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929).
  • 3
    The words and commas “notwithstanding that the contract, though required to be registered, has not been registered, or,” were omitted by section 2 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004).
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