The doctrine of 'lis pendens' under Section 52 of the Transfer of Property Act, 1882 is founded upon the principle of:
Question and options
The doctrine of 'lis pendens' under Section 52 of the Transfer of Property Act, 1882 is founded upon the principle of:
Public policy in pending litigation
Validity of court-supervised auctions
Protection of purchasers without notice
Prevention of transfers defrauding creditors
Answer and explanation
The doctrine of lis pendens rests on public policy: a pending dispute over immovable property must not be defeated by transfers made while it continues, so that the court's decision can bind everyone claiming under a party. Section 52 therefore makes a transfer during the qualifying litigation subject to the result, even if the transferee lacked notice, which is why protection of purchasers without notice is not its basis. The court may authorise a transfer on terms.
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