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Section 52 - Transfer of property pending suit relating thereto : Transfer of Property Act, 1882

 

 

What is Transfer of property pending suit relating thereto? Section 52 of Transfer of Property Act, 1882

Section 52 of Transfer of Property Act 1882 : "Transfer of property pending suit relating thereto"

52. During the pendency in any Court having authority within the limits of India excluding the State of Jammu and Kashmir or established beyond such limits by the Central Government, of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.

Explanation. - For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.

 

 

 

TRANSFER OF PROPERTY ACT 1882

Section 41 - Transfer by ostensible owner

Section 42 - Transfer by person having authority to revoke former transfer

Section 43 - Transfer by unauthorised person who subsequently acquires interest in property transferred

Section 44 - Transfer by one co-owner

Section 45 - Joint transfer for consideration

 

 

Section 46 - Transfer for consideration by persons having distinct interests

Section 47 - Transfer by co-owners of share in common property

Section 48 - Priority of rights created by transfer

Section 49 - Transferee's right under policy

Section 50 - Rent bona fide paid to holder under defective title

 

 

Section 51 - Improvements made by bona fide holders under defective titles

Section 52 - Transfer of property pending suit relating thereto

Section 53 - Fraudulent transfer

Section 53A - Part performance

CHAPTER III
SALES OF IMMOVABLE PROPERTY

Section 54 - Sale defined

Section 55 - Rights and liabilities of buyer and seller

 

 

Section 56 - Marshalling by subsequent purchaser

Section 57 - Provision by Court for incumbrances, and sale freed therefrom

CHAPTER IV
OF MORTGAGES OF IMMOVABLE PROPERTY AND CHARGES

Section 58 - Mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed defined

Section 59 - Mortgage when to be by assurance

Section 59A - References to mortgagors and mortgagees to include persons deriving title from them

Section 60 - Right of mortgagor to redeem

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