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…
Choose your answer
Which section of the Transfer of Property Act, 1882, embodies the doctrine of lis pendens?
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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