Site navigation

Does section 52 of the Transfer of Property Act, 1882 apply to a pending, non-collusive suit in a…

Section 52 applies where a right to immovable property is directly and specifically in issue in a pending, non-collusive suit in a competent court. A suit seeking specific…

Choose your answer

Does section 52 of the Transfer of Property Act, 1882 apply to a pending, non-collusive suit in a competent court for specific performance of a contract to transfer immovable property?

Select one answer
Answer and explanation

Correct answer A

Section 52 applies where a right to immovable property is directly and specifically in issue in a pending, non-collusive suit in a competent court. A suit seeking specific performance of an agreement to transfer the property meets that description. In Guruswamy Nadar v. P. Lakshmi Ammal, the Supreme Court applied lis pendens to a sale made while such a suit was pending. Section 52 allows a dealing under the court’s authority and on its terms.

Option feedback

Option A

The suit directly concerns the right to obtain transfer of the immovable property.

Option B

Seeking an order for transfer directly puts a right to the property in issue.

Option C

Section 52 does not require prior delivery of possession.

Option D

The rule applies to dealings while the suit is pending. A pre-suit sale is unnecessary.

Practice for these exams

Related exam syllabi

Related questions in this topic