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A non-collusive suit in a competent court directly concerns title to land. Which transfer by a party falls outside the period of pendency under section 52 of the Transfer of Property Act, 1882?

Question and options

A non-collusive suit in a competent court directly concerns title to land. Which transfer by a party falls outside the period of pendency under section 52 of the Transfer of Property Act, 1882?

  1. A transfer while the suit is being tried

  2. A transfer after judgment is reserved and before it is delivered

  3. A transfer before the plaint is presented

  4. A transfer after a final decree while it remains enforceable and unsatisfied

Answer and explanation

Correct answer: C - A transfer before the plaint is presented

The explanation to section 52 starts pendency on presentation of the plaint or institution of the proceeding in a competent court. Pendency continues until final disposal and complete satisfaction or discharge of the decree or order, or until the period allowed to execute it expires and satisfaction becomes unobtainable.

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