Question

Doctrine of "LIS PENDENS" is given under which section of the transfer of property Act

• A. 41
• B. 52
• C. 53
• D. 53A

Hint:

Legal maxims and doctrines are frequently asked in law exams. It's helpful to create a list of important Latin maxims (like Lis Pendens, Res Judicata, Caveat Emptor) and the corresponding sections of the law that codify them.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify the section in the Transfer of Property Act, 1882, that contains the Doctrine of Lis Pendens. "Lis Pendens" is a Latin maxim which means "a pending suit". The doctrine stipulates that during the pendency of a lawsuit involving a right to an immovable property, the property cannot be transferred or otherwise dealt with by any party to the suit so as to affect the rights of any other party thereto under any decree which may be made therein, except under the authority of the court.

Step 2: Detailed Explanation:
Let's examine the options provided:
\[\begin{array}{rl} \bullet & \text{Section 41 of the TPA, 1882: Deals with the 'Transfer by ostensible owner'. It protects a transferee who acts in good faith and purchases property from someone who appears to be the owner but is not. } \\ \bullet & \text{Section 52 of the TPA, 1882: This section explicitly codifies the Doctrine of Lis Pendens. It lays down the conditions for its applicability, such as the pendency of a non-collusive suit in a court of competent jurisdiction where a right to immovable property is directly in question. } \\ \bullet & \text{Section 53 of the TPA, 1882: Deals with 'Fraudulent transfer', where a transfer of immovable property is made with intent to defeat or delay creditors. } \\ \bullet & \text{Section 53A of the TPA, 1882: Contains the 'Doctrine of Part Performance', which protects a transferee who has taken possession of a property in part performance of a contract, even if the legal transfer (e.g., registration) is not complete. } \\ \end{array}\] Therefore, the Doctrine of Lis Pendens is directly enshrined in Section 52 of the Transfer of Property Act, 1882.

Step 3: Final Answer:
The correct answer is (B) as Section 52 of the Transfer of Property Act, 1882, deals with the transfer of property pending suit, which is the Doctrine of Lis Pendens.