CHALIAGULLA RAMACHANDRAYYA versus BOPPANA SATYANARAYANA & OTHERS

CHALIAGULLA RAMACHANDRAYYA versus BOPPANA SATYANARAYANA & OTHERS

In India, after the enactment of s. 53A of the Transfer of Property Act, equitable part performance can only apply where requirements of s. 53A are satisfied; mere contract or promise, without satisfaction of s. 53A and absence of a registered instrument, confers no title.

Parties
Appellant: Chaliagulla Ramachandrayya; Respondents: Boppana Satyanarayana & Others
Jurisdiction
India
Judgment Date
10 May 1963
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree Dated March 29, 1956, of the Andhra Pradesh High Court in Appeal Suit No. 182 of 1950
Outcome
Appeal dismissed.
Legal Topics
Part Performance, Transfer of Property, Customary Succession, Equitable Doctrine, Registered Instrument Requirement
Property Law Part Performance Transfer of Property Customary Succession Equitable Doctrine Registered Instrument Requirement

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Parties

Chaliagulla Ramachandrayya

Appellant

Boppana Satyanarayana & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree Dated March 29, 1956, of the Andhra Pradesh High Court in Appeal Suit No. 182 of 1950

Legal Issues

  1. 1 Whether a contract for inheritance without specific performance or registered instrument can transfer property under the doctrine of part performance after the enactment of s. 53A of the Transfer of Property Act, 1882

Ratio Decidendi

In India, after the enactment of s. 53A of the Transfer of Property Act, equitable part performance can only apply where requirements of s. 53A are satisfied; mere contract or promise, without satisfaction of s. 53A and absence of a registered instrument, confers no title.

Court Disposition

Appeal dismissed.