Possession under an agreement to sell

At a glance

Possession and ownership are separate issues. An agreement-based possession claim requires examination of the contract, registration requirements and the legal defence actually available.

Law and context

Transfer of Property Act section 53A addresses part performance subject to its conditions, while section 54 distinguishes a contract from sale. Registration Act section 17(1A) is relevant to documents relied on for that statutory purpose.

Practical next step

Preserve the agreement, payment proof, possession history and evidence of performance. Ask whether the instrument can support the asserted claim or defence in the applicable legal setting.

Important qualifications

This guide does not say that an unregistered agreement transfers ownership or guarantees protection from eviction. Applicable amendments and facts require careful assessment.

Document checklist

• Full agreement
• Execution and registration record
• Payment and performance evidence
• Possession chronology

Sources

• The Transfer of Property Act, 1882 — 53A,54
• The Registration Act, 1908 — 17,49

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.