What is the legal foundation of the doctrine of lis pendens embodied in section 52 of the Transfer of…
The doctrine of lis pendens rests on public policy. In a non-collusive proceeding that directly concerns a right to immovable property, section 52 protects the rights…
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What is the legal foundation of the doctrine of lis pendens embodied in section 52 of the Transfer of Property Act, 1882?
Answer and explanation
Correct answer B
The doctrine of lis pendens rests on public policy. In a non-collusive proceeding that directly concerns a right to immovable property, section 52 protects the rights established by the court’s decree or order from being defeated by dealings during the proceeding. The court may authorize dealings on terms it sets.
Option feedback
Option A
Good faith describes the purchaser’s position. A purchaser can still be bound by the result of the pending litigation.
Option B
Public policy underlies the rule. It protects the court’s ability to give effect to its decision when property is dealt with during the litigation.
Option C
A court auction sale can fall within the wider doctrine, as Samarendra Nath Sinha v. Krishna Kumar Nag illustrates. This is an application of the doctrine.
Option D
Courts may describe lis pendens as constructive notice to a purchaser. That describes how the rule operates, while its foundation is public policy.
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