Transfer of Property Act, 1882, Section 52 -- Subsequent purchaser during pendency of suit for specific performance - He is bound by the decree against the vendor and the plea that he is bona fide purchaser without notice, is of no consequence...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Sale of property during pendency of suit - Agreement to sell in favour of plaintiff registered - As such, intending purchaser deemed to have notice of agreement in eye of law - Suit filed before execution of sale deed in favour of third party - Suit itself is notice in the eye of law - S.52 of Transfer of Property..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Applicable to consent decree only when consent honest and not fraudulent - If final decision in pending litigation brought about by fraud or collusion - Decision cannot affect rights of transferee pendente lite...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Transfer of Property Act, 1882, Section 39, 52 -- Maintenance - Suit by wife against husband for maintenance, charge on agricultural land and permanent injunction against alienation - Death of husband during pendency of suit - Right of maintenance of wife is a pre-existing right and is enforceable against property of..........
Transfer of Property Act, 1882, Section 52 -- Alienation of property during pendency of suit - Hit by doctrine of lis pendens...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens is based on equity and good conscience - It is not intended to nullify the voluntary transfer effected by the parties to a suit - The transaction will operate validly subject to the decree or orders that may be passed in the suit...........
Transfer of Property Act, 1882, Section 52 -- Equitable right - Alienee of an alienee has no claim for equity - It is available to a direct alienee from the co - sharer...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer pendente lite - Doctrine of lis pendens does apply to auction sales' held by the Executing Court of any immovable property of J.D. which was subject of dispute in a pending suit or decree pending execution - For applicability of the doctrine, decree pending execution at time of auction sale must be valid..........
Transfer of Property Act, 1882, Section 1O5, Easement Act, 1882, Section 52 -- Lease or license - Distinction - Lease is transfer of an interest in property - The lessor parts with his right to enjoy the property during the term of the lease - If a document gives only a right to use the property in a particular way or under certain terms while it remains in possession and..........
Civil Procedure Code, 1908, Section 146, Order 21, Rule 16, Transfer of Property Act, 1882, Section 52 -- Decree for injunction - Assignee of a legal representative is bound by the decree obtained against the assignor or predecessor in interest...........
