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Under the Explanation to section 52 of the Transfer of Property Act, 1882, how long does a…

The Explanation to section 52 starts pendency with presentation of the plaint in a court of competent jurisdiction. It continues through final disposal until complete…

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Under the Explanation to section 52 of the Transfer of Property Act, 1882, how long does a non-collusive suit in which a right to immovable property is directly and specifically in question remain pending for lis pendens?

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Correct answer C

The Explanation to section 52 starts pendency with presentation of the plaint in a court of competent jurisdiction. It continues through final disposal until complete satisfaction or discharge of the decree or order, or until expiry of the execution limitation period makes satisfaction or discharge unobtainable.

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Option A

A final decree alone need not end statutory pendency. The Explanation also addresses satisfaction, discharge and expiry of the execution limitation period.

Option B

Pendency starts with presentation of the plaint in the competent court, before an execution application is filed.

Option C

The Explanation starts pendency at presentation of the plaint and carries it through final disposal and satisfaction or discharge, or until execution limitation makes satisfaction or discharge unobtainable.

Option D

Service of summons does not start the period. The first judgment need not end it.

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