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Which doctrine is embodied in section 52 of the Transfer of Property Act, 1882?

Section 52 embodies the doctrine of lis pendens. A transfer during a qualifying non-collusive suit concerning rights in immovable property is subject to the outcome, unless…

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Which doctrine is embodied in section 52 of the Transfer of Property Act, 1882?

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Correct answer C

Section 52 embodies the doctrine of lis pendens. A transfer during a qualifying non-collusive suit concerning rights in immovable property is subject to the outcome, unless the court authorizes the transfer on its terms.

Option feedback

Option A

Feeding the grant by estoppel concerns a transferor’s later-acquired interest under section 43.

Option B

Part performance is addressed by section 53A.

Option C

Section 52 embodies lis pendens and protects the rights at issue while litigation is pending.

Option D

Section 41 concerns transfers by ostensible owners.

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