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

Section 52 embodies lis pendens. In a non-collusive proceeding in which a right to immovable property is directly and specifically in issue, a party’s dealing with the…

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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 B

Section 52 embodies lis pendens. In a non-collusive proceeding in which a right to immovable property is directly and specifically in issue, a party’s dealing with the property cannot prejudice rights under the resulting decree or order, except as the court authorizes on its terms.

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Option A

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

Option B

Section 52 governs dealings with immovable property while specified proceedings about rights to it are pending.

Option C

Section 53 concerns fraudulent transfers.

Option D

Section 43 concerns a later-acquired interest where an unauthorized transferor professed authority to transfer.

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