Thursday, December 16, 2010

Transfer of Property Act, 1882—Section 52

Transfer of Property Act, 1882—Section 52—Doctrine of Lis Pendens—Transfer of property during pendency of suit—Right, title or interest of the transferee—Held, if the title of the pendente lite transferor is upheld in regard to the transferred property, the transferee’s title will not be affected—On the other hand, if the title of the pendente lite transferor is recognized or accepted only in regard to a part of the transferred property, then the transferee’s title will be saved only in regard to that extent and the transfer in regard to the remaining portion of the transferred property to which the transferor is found not entitled, will be invalid and the transferee will not get any right, title or interest in that portion—If the property transferred pendente lite, is allotted in entirely to some other party or parties or if the transferor is held to have no right or title in that property, the transferee will not have any title to the property.

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