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Under Section 52 of the Transfer of Property Act, 1882, a party transfers disputed immovable property…

The doctrine of lis pendens protects the effectiveness of the court's decree. The transfer remains subject to rights decided in the suit. Section 52 does not make the…

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Under Section 52 of the Transfer of Property Act, 1882, a party transfers disputed immovable property during a non-collusive suit directly concerning a right in that property, without the court's authorization. What is the effect of the transfer?

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Answer and explanation

Correct answer B

The doctrine of lis pendens protects the effectiveness of the court's decree. The transfer remains subject to rights decided in the suit.

Section 52 does not make the transfer automatically void. The statute permits transfers under the court's authority and on its terms.

Option feedback

Option A

Section 52 subordinates the transfer to the outcome rather than avoiding it for every purpose.

Option B

The transfer cannot prejudice rights determined in the pending suit.

Option C

The court may determine the parties' rights despite the transfer.

Option D

Collusion in the transfer supplies no immunity from the decree.

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