The Rule of Lis pendens in the Transfer of Property Act, 1882 is stipulated in
The doctrine of lis pendens (based on the maxim ut lite pendente nihil innovetur — during a litigation nothing new should be introduced) is enacted in Section 52 of the…
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The Rule of Lis pendens in the Transfer of Property Act, 1882 is stipulated in
Answer and explanation
Correct answer C
The doctrine of lis pendens (based on the maxim ut lite pendente nihil innovetur — during a litigation nothing new should be introduced) is enacted in Section 52 of the Transfer of Property Act, 1882 ('Transfer of property pending suit relating thereto'). It provides that during the pendency in any competent court of any non-collusive suit or proceeding in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.
Option feedback
Option A
Incorrect. 'Section 53-A' of the Transfer of Property Act, 1882 embodies the equitable doctrine of part performance, not lis pendens.
Option B
Incorrect. 'Section 48' of the Transfer of Property Act, 1882 lays down the rule of priority of rights created by transfer (qui prior est tempore potior est jure).
Option C
Correct. 'Section 52' of the Transfer of Property Act, 1882 ('Transfer of property pending suit relating thereto') stipulates the rule of lis pendens (pendente lite nihil innovetur).
Option D
Incorrect. 'Section 55(2)' of the Transfer of Property Act, 1882 provides for the seller's implied covenant for title in a sale of immovable property.
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