Equity of part performance cannot create title to inherited property without registration or compliance with Section 53A requirements.

An alleged agreement to transfer inherited property could not confer title on the transferee or his heirs because title in such property required a registered instrument, and the facts did not satisfy Section 53A of the Transfer of Property Act, 1882. Even if the agreement were valid and specifically enforceable, the proper remedy would have been specific performance, not an assertion of ownership through equity. After Section 53A, the doctrine of part performance in India operates only within its statutory limits and cannot be used to defeat the requirement of registration or create title where the statutory conditions are unmet.

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Issues: Whether an alleged contract to transfer inherited property could, in the absence of a registered instrument and without fulfilment of the statutory requirements of part performance, operate to confer title on the transferee or his heirs by invoking equity.

Analysis: The claim was founded on an alleged agreement that the transferee would marry a specified relative of the owner, look after the property, and inherit it on the owner's death. Even assuming the contract was valid and specifically enforceable, the proper remedy would have been specific performance. After the enactment of Section 53A of the Transfer of Property Act, 1882, the English doctrine of equity of part performance in India operates only within the limits of that provision. Equity cannot be used to override the statutory requirement that title in such property can be created only by a registered instrument, and the facts did not satisfy Section 53A.

Conclusion: No title passed to the transferee or his heirs on the basis of the alleged contract or equity of part performance.

Ratio Decidendi: After Section 53A of the Transfer of Property Act, 1882, equity of part performance applies only where its statutory requirements are satisfied and cannot confer title in derogation of the requirement of a registered instrument.

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