Question

Under Section 52 of the Transfer of Property Act, 1882, the doctrine of lis pendens provides that:

Q: Answer-Under Section 52 of the Transfer of Property Act, 1882, the doctrine of lis pendens provides that:

Section 52 of TPA, 1882 codifies the equitable doctrine of lis pendens literally, a pending suit or action. During the pendency before any court of authority within India of any suit or proceeding in which any right to immovable property is directly and specifically in question, no party to the suit may transfer or deal with the property so as to affect the rights of any other party under any decree or order that may be passed, except under the authority of the court on such terms as it may impose. A transfer in violation of Section 52 is not void ab initio it is merely subject to the outcome of the pending litigation, meaning the transferee takes the property subject to whatever decree is ultimately passed. Notice of the litigation is irrelevant the doctrine binds the transferee regardless of knowledge of the pending suit.

A During the pendency of any suit in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit so as to affect the rights of any other party thereto, except under the authority of the court

B Any transfer of immovable property made after institution of a suit is void ab initio and cannot be validated by any subsequent court order

C A bona fide purchaser for value without notice of the pending litigation is fully protected from the consequences of the lis pendens doctrine

D The doctrine applies only to suits for specific performance of contracts relating to immovable property and not to other civil suits

E Only the plaintiff in the pending suit is restrained from alienating the property; the defendant may transfer it with prior permission of the court

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Under Section 52 of the Transfer of Property Act, 1882, the doctrine of lis pendens provides that:

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