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Under section 52 of the Transfer of Property Act, 1882 as it applies without state-specific…

Under section 52, the transferee ordinarily takes subject to the outcome of qualifying litigation even without actual notice. The provision applies to non-collusive…

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Under section 52 of the Transfer of Property Act, 1882 as it applies without state-specific modifications, which fact is unnecessary for lis pendens to apply to a transfer by a party during litigation?

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Answer and explanation

Correct answer A

Under section 52, the transferee ordinarily takes subject to the outcome of qualifying litigation even without actual notice. The provision applies to non-collusive proceedings before a competent court in which an immovable property right is directly and specifically in question.

Option feedback

Option A

Section 52 operates even when the purchaser acts in good faith without actual notice.

Option B

Section 52 requires a non-collusive suit or proceeding.

Option C

Section 52 requires an immovable property right to be directly and specifically in question.

Option D

The proceeding must be pending in a court with authority to hear it.

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