Site navigation

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:

  1. Public policy in pending litigation

  2. Validity of court-supervised auctions

  3. Protection of purchasers without notice

  4. Prevention of transfers defrauding creditors

Answer and explanation

Correct answer: A - Public policy in pending litigation

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.

Practice for these exams

Related question papers

Related exam syllabi

More solved explanations in Transfers of immovable property - general rules