Under the central text of section 52 of the Transfer of Property Act, 1882, what is the principal…
Lis pendens protects the effective outcome of litigation concerning immovable property. Under central section 52, a party cannot deal with the property so as to affect…
Choose your answer
Under the central text of section 52 of the Transfer of Property Act, 1882, what is the principal function of lis pendens in a non-collusive suit directly concerning rights in immovable property?
Answer and explanation
Correct answer D
Lis pendens protects the effective outcome of litigation concerning immovable property. Under central section 52, a party cannot deal with the property so as to affect another party's rights under the eventual decree except under court authority on imposed terms. A transfer is not automatically void; its rights remain subject to the litigation. State variations require separate examination.
Option feedback
Option A
A transfer is not automatically void merely because it occurs pendente lite; it is subject to the adjudicated rights.
Option B
The doctrine does not absolutely prohibit every later proceeding.
Option C
The rule concerns specified dealings affecting litigants' rights, rather than every factual change.
Option D
Section 52 protects rights under the decree against prejudicial dealings, subject to court authority and terms.
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