Which principle underlies the doctrine of lis pendens in section 52 of the Transfer of Property Act,…
Lis pendens protects adjudication of rights directly and specifically in issue in a non-collusive proceeding. A party's dealings with the property during the proceeding…
Choose your answer
Which principle underlies the doctrine of lis pendens in section 52 of the Transfer of Property Act, 1882?
Answer and explanation
Correct answer B
Lis pendens protects adjudication of rights directly and specifically in issue in a non-collusive proceeding. A party's dealings with the property during the proceeding cannot prejudice the rights of another party under the resulting decree or order, except under the court's authority and on its terms.
Option feedback
Option A
A purchaser's good faith does not displace the protection section 52 affords to the rights of parties under the eventual decree or order.
Option B
The doctrine preserves the court's ability to resolve rights in the property despite dealings while the case is pending.
Option C
The statutory rule addresses transfers and other dealings by parties to the suit. It is not confined to auction sales.
Option D
The statute prevents qualifying dealings from prejudicing other parties' rights under the resulting decree or order. It does not automatically void every transaction.
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