Lis pendens || Sec 52 TPA || Transfer of property Act, 1882

Описание: Section 52 of the Transfer of Property Act, 1882 (TPA) deals with the doctrine of lis pendens. Lis pendens is a Latin term which means "pending suit". It is a legal doctrine that holds that any transfer or alienation of property that is the subject matter of a pending suit is voidable and does not affect the rights of any party to the suit.

Under Section 52 of the TPA, any transfer of property, whether by sale, mortgage, or lease, made by any party to a suit or proceeding pending in a court of law or before a judicial authority, is voidable against any person who acquires any interest in the property during the pendency of the suit or proceeding. The doctrine of lis pendens applies to immovable property only, and not to movable property.

The purpose of the doctrine of lis pendens is to maintain the status quo of the property in dispute during the pendency of a suit, so that the rights of the parties are not affected by any alienation or transfer of the property made during the pendency of the suit. The doctrine helps to prevent any fraudulent transfer of property during the pendency of a suit, which may affect the rights of the parties to the suit.

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