Transfer of Property Act, 1882, Section 52 -- Lis pendens - Doctrine applies to suit for specific performance of contract of sale of immovable property...........
Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Tranferee failed to take due and reasonable care before purchasing a litigated property - Shelter of S.52 is not available to him...........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Execution of gift deed of joint family property without giving physical possession to donee, is not valid as same is not acted upon by parties...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Pendente lite transferee is bound by the orders passed against their transferor - If title of transferor itself is not found, as such no title can accrue to pendente lite transferee - In such circumstances giving opportunity of hearing to pendente lite transferees is a mere formality as no useful purpose would be..........
Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - His right is governed by S.52 of the Act...........
Transfer of Property Act, 1882, Section 52 -- Transfer of property pendente lite - Any transfer of property during pendency of proceedings, would be subservient to the rights of parties to such suit, as is eventually determined...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser during the pendency of a suit would be bound by the result of litigation - Transaction is not rendered void and/or of no effect...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Subsequent purchaser - Where property is purchased by subsequent purchaser during pendency of suit in good faith, principles of lis pendens will certainly be applicable notwithstanding the fact that his rights can be protected u/s 19-B of Specific Relief Act -..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - To avail relief u/s 52 of the Act it is not necessary for plaintiff to pray for cancellation of sale deed...........