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What policy underlies the doctrine of lis pendens in section 52 of the Transfer of Property Act, 1882?

Section 52 protects the effect of the court's decree or order in non-collusive litigation directly and specifically concerning a right to immovable property. A party cannot…

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What policy underlies the doctrine of lis pendens in section 52 of the Transfer of Property Act, 1882?

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Answer and explanation

Correct answer B

Section 52 protects the effect of the court's decree or order in non-collusive litigation directly and specifically concerning a right to immovable property.

A party cannot deal with the property so as to affect another party's rights under the decree or order, except under the court's authority and on its terms.

Option feedback

Option A

A purchase in good faith does not by itself displace the doctrine's protection of the adjudication.

Option B

The doctrine protects rights under the court's decision against dealings during the dispute.

Option C

Section 52 does not require an auction. Its principle can apply to certain court sales.

Option D

The doctrine rests on protecting the adjudication. It does not depend on notice as its basis.

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