Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Principle of lis pendens would not apply if proceedings were collusive...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Principle of lis pendens does not annul transfer but renders it subservient to rights of parties to a litigation...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Issue of lis pendens has to be decided as per facts of each case and there can never be a strait jacket formula for the same...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transferee pendente lite has limited rights on the principle of lis pendens - Such limited rights cannot be stretched to obstruct and resist the full claim of DHs to execute the decree in their favour...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens u/s 52 of the Act provides two exceptions - First exception is that if the parties to suit are colluding - In the instant case, all the parties to partition suit were colluding in order to defraud transferee pendente lite - More so, one of DH resides in adjoining house permitted..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - A transfer pendete lite is not illegal ipso jure but remains subservient to pending litigation...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - In order to attract S.52 of the Act, right in immovable property which is subject matter of transfer, needs to be directly and specifically in question...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Property transferred in favour of petitioner is different from subject property - Transfer in favour of petitioner can be held to be hit by doctrine of lis pendens only in case DHs found favour from the Court in their application U.O.38.R.5 CPC i.e attachment before judgment - Question of transfer of..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Contention that doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted - Contention rejected, as Doctrine of lis pendens kicks in at the stage of `institution' and not at the stage when notice is issued by Court - Thus,..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - S.52 of the Act does not bar complete transfer of land during pendency of the suit...........
