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

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

Section 52 of the TPA, 1882 embodies lis pendens pending litigation. It bars transfer of immovable property during the pendency of a suit in such a way as to affect the rights of the other party. Crucially, the transfer is not void it is merely subservient to the outcome of the suit the transferee takes the property bound by the eventual decree.

A A transferee during pendency of a suit takes property with full rights as a bona fide purchaser Correct Incorrect

B The doctrine applies only to movable properties Correct Incorrect

C During the pendency of a suit in which right to immovable property is directly in question, the property cannot be transferred so as to affect the rights of any party to the suit Correct Incorrect

D Any transfer during pending litigation is void ab initio Correct Incorrect

Detailed Solution

Section 52 of the TPA, 1882 embodies lis pendens "pending litigation." It bars transfer of immovable property during the pendency of a suit in such a way as to affect the rights of the other party. Crucially, the transfer is not void it is merely subservient to the outcome of the suit; the transferee takes the property bound by the eventual decree.

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

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