Section 52 of the Transfer of Property Act (TPA), 1882 establishes the principle of lis pendens, which prevents a party to a suit from transferring or dealing with property that is the subject of a pending litigation, except with the court’s permission. This doctrine ensures that the rights of the other party in the suit are not affected by subsequent transactions, maintaining the status quo and preventing fraudulent dealings that could prejudice the outcome of the case.
Key Aspects of Section 52:
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Principle of Lis Pendens:The section is based on the Latin maxim pendent lite nihil innovature, meaning “nothing new should be introduced during the pendency of litigation”.
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Scope:It applies to suits or proceedings in a competent court within India where a right to immovable property is directly and specifically in question.
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Prohibition:During the pendency of such a suit, no party can transfer or otherwise deal with the property.
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Purpose:To prevent third parties from interfering with the legal proceedings and to protect the rights of the parties involved.
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Effect:A transfer made in violation of this section is not void but remains subject to the rights of the other parties and the ultimate outcome of the litigation.
How it Works:
- A lawsuit is filed concerning specific immovable property.
- The property becomes the subject of lis pendens (pending litigation).
- Parties to the suit are restricted from transferring or creating new interests in the property.
- Any such transfer made without court authority will be subordinate to the rights determined by the court in the pending case.
In essence, Section 52 acts as a safeguard, ensuring that the property remains available to satisfy the final judgment and that no new interests are created that could undermine the court’s decision.
