A and B are litigating in a count of law over property X and during the pendency of the suit, A transfers the property X to C. The suit ends in B's favour. Decide, who shall be entitled for property X under the provision

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2019
A and B are litigating in a count of law over property X and during the pendency of the suit, A transfers the property X to C. The suit ends in B's favour. Decide, who shall be entitled for property X under the provisions of the Transfer of Property Act, 1882?

Answer & Explanation:

Section 52 of the Transfer of Property Act, 1882 incorporates the doctrine of Lis pendens . It states that during the pendency of a suit in a Court of Law, property which is subject to the suit/ litigation cannot be transferred. When it is said that the property cannot be transferred what is meant in this context is that property may be transferred but this transfer is subject to the rights that are created by a Court’s decree. In the given case, A and B are litigating in a Court of law over property X and during the pendency of the suit A transfers the property X to C. The suit ends in B’s favour. Here C who obtained the property during the time of litigation cannot claim the property. He is bound by the decree of the Court wherein B has been given the property.

Topics: Transfer of Property Act, 1882

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