New FLASH SALE Dhamaka - Flat 60% Off on All Courses

    Question

    The doctrine of "lis pendens' had been explained in

    which of the Section of the Transfer of Property Act?
    A Section 9 Correct Answer Incorrect Answer
    B Section 37 Correct Answer Incorrect Answer
    C Section 20 Correct Answer Incorrect Answer
    D Section 52 Correct Answer Incorrect Answer

    Solution

    Add explanation as follows- S.52. Transfer of property pending suit relating thereto.—During the [pendency] in any Court having authority [within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by [the Central Government] of [any] suit or proceedings which is not collusive and in which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. [Explanation.—For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.

    Practice Next