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Which section of the Transfer of Property Act, 1882, embodies the doctrine of lis pendens?

Section 52 applies where a right to immovable property is directly and specifically in issue in a non-collusive suit or proceeding. A party’s dealing with the property…

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Which section of the Transfer of Property Act, 1882, embodies the doctrine of lis pendens?

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Answer and explanation

Correct answer A

Section 52 applies where a right to immovable property is directly and specifically in issue in a non-collusive suit or proceeding.

A party’s dealing with the property cannot affect another party’s rights under the resulting decree or order, except under the court’s authority and on its terms.

Option feedback

Option A

Section 52 limits dealings with the property during qualifying proceedings when those dealings would affect rights under the resulting decree or order.

Option B

Section 51 concerns improvements made by a bona fide transferee under a defective title.

Option C

Section 42 concerns a later transfer for consideration by a person with power to revoke a former transfer.

Option D

Section 41 concerns transfers by an ostensible owner.

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