Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer of property during pendency of execution proceedings - Sale deed is hit by doctrine of lis pendens - Sale is null and void and does not affect the rights of plaintiff...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer is not void or illegal - Pendente lite purchaser is bound by the decision - Transferor's title if (a) upheld; (b) partly upheld; (c) not upheld - In case title of transferor's title is upheld than transferee is not affected and in case it is partly upheld then title of transferee is saved only to that..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Prospective purchaser - Can be saved from risk, hardships and misery only when there is some satisfactory and reliable method by which he can ascertain whether any suit is pending or whether the property is subject to any decree or attachment before he decides to purchase the property - Central Government..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52, Registration Act, 1908, Section 17, 49 -- Lis pendens - Doctrine of - Whether applies to a sale deed executed prior to filing of suit but registered after filing of suit - Held, Yes. - Sale is complete only on registration of sale deed though on registration it relates back to its date of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Cannot be impleaded as a party to the suit...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Object - Doctrine upon which this provision is based is that it would plainly be impossible that any action or suit could be brought to a successful termination if alienation pendente lite were permitted to prevail...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Suit for possession on the ground that possession with the defendant was that of licensee as both the parties were closely related to each other - Defendant alleging himself to be tenant - In the written statement defendant impliedly admitted possession of the suit property as..........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Restraining alienation - Rule of lis pendens may be inadequate to prevent the mischief in certain cases - A person claiming injunction in such a situation has to show that protection u/s 52 of TP Act is not adequate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even..........
