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Under section 52 of the Transfer of Property Act, 1882, the doctrine of lis pendens does NOT apply to…

Section 52 applies only to a suit or proceeding which is not collusive and in which a right to immovable property is directly and specifically in question, so a collusive…

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Under section 52 of the Transfer of Property Act, 1882, the doctrine of lis pendens does NOT apply to which of the following?

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Correct answer A

Section 52 applies only to a suit or proceeding which is not collusive and in which a right to immovable property is directly and specifically in question, so a collusive proceeding is outside the doctrine. While such a suit is pending, the property cannot be transferred or otherwise dealt with by any party, including by gift, so as to affect the rights of any other party under the decree, except under the authority of the court; such a transfer is not void, but the transferee is bound by the result of the suit. A suit for specific performance of an agreement to sell immovable property puts a right to that property directly and specifically in question, so the doctrine applies to it. Under the Explanation, pendency continues until complete satisfaction or discharge of the decree or order has been obtained, or has become unobtainable by expiry of the limitation period for its execution, so the doctrine extends to execution proceedings.

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