What is the basis of the doctrine of lis pendens in section 52 of the Transfer of Property Act, 1882?
The doctrine of lis pendens protects effective adjudication as a matter of public policy. A transfer during qualifying litigation is ordinarily subject to the rights…
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What is the basis of the doctrine of lis pendens in section 52 of the Transfer of Property Act, 1882?
Answer and explanation
Correct answer D
The doctrine of lis pendens protects effective adjudication as a matter of public policy.
A transfer during qualifying litigation is ordinarily subject to the rights determined in that litigation. The purchaser's good faith is not itself an exemption.
Option feedback
Option A
Good faith does not itself exempt a pendente lite purchaser from the doctrine.
Option B
An auction is a means of sale. The doctrine addresses dealings that could defeat rights being adjudicated.
Option C
A court sale is a particular mechanism of transfer, not the policy basis for preserving adjudication.
Option D
Public policy protects the court's ability to determine and enforce the parties' rights despite a dealing during litigation.
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