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Section 52 of the Transfer of Property Act, 1882, limits dealings that would affect rights under a…

Section 52 expressly addresses a transfer or other dealing by a party to the pending suit or proceeding that would affect another party’s rights under the eventual decree or…

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Section 52 of the Transfer of Property Act, 1882, limits dealings that would affect rights under a decree in qualifying pending litigation. Whose dealing does the provision expressly regulate?

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Answer and explanation

Correct answer B

Section 52 expressly addresses a transfer or other dealing by a party to the pending suit or proceeding that would affect another party’s rights under the eventual decree or order.

The court can authorize a dealing on terms it imposes.

Option feedback

Option A

Possession alone is not the statutory test.

Option B

Section 52 specifies a transfer or other dealing by a party to the litigation.

Option C

A claim to ownership is not the statutory test for whose dealing is regulated.

Option D

Section 52 specifies dealings by a party to the litigation.

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