Transfer of Property Act, 1882, Section 52 -- Transfer of property pending suit - Effect of S.52 of the Act which incorporates the doctrine of lis pendens is that the transfer will be subject to the outcome of the suit and that the plea of bonafide purchase or the lack of notice are not available to the purchaser against this doctrine - Transfer of property made lis..........
Mitakshara Law -- Co-parcenary property - Alienation by Karta without legal necessity - Onus was on alienee/respondent to prove that there was a legal necessity or benefit to estate or she had made bonafide enquiries - Respondent completely failed to discharge said burden - More so, sale deeds were without any consideration - Sale deeds in favour of respondents set aside -..........
Transfer of Property Act, 1882, Section 52 -- Agreement to sell - Executed during pendency of suit - Agreement is hit by doctrine of lis pendens...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Based on ground that it is necessary for administration of justice that decision of a Court in a suit should be binding not only on litigating party, but on those, who derive title pendente lite - Provisions does not intend to annual conveyance or transfer to render it subservient to right of a..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - For applicability of the doctrine of lis pendens person dealing with immovable property must be a party to the suit...........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Alienation during pendency of suit - Would always be subject to decision of suit in view of doctrine of lis pendens...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for declaration - Proceedings pending before revenue authority and order passed therein were already assailed and were subject matter of suit itself - Once that be so, any subsequent order passed by revenue authorities would be hit by doctrine of lis pendens and would otherwise have no effect on the proceeding..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - It is necessary for administration of justice that decision of a Court in a suit should be binding not only on the litigating parties but on those who derive title pendente lite - Lis pendens does not anull the conveyance or transfer otherwise, but renders it subservient to the rights of the parties to..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Doctrine applies to suit for specific performance of contract of sale of immovable property...........
