Doctrine of Lis Pendens | Section 52 of The Transfer of Property Act
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10 ماه پیش
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Doctrine of Lis Pendens |
Doctrine of Lis Pendens | Section 52 of The Transfer of Property Act
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Welcome Everyone! This video is a must-watch and strategically very important for your preparation for all Judiciary exams and Law Preparation, as this subject of the video 'Lis Pendens' has almost 100% favorite of Paper-Makers. This topic has been explained in a simple language for you in this video.
The video talks about Lis Pendens which is a Doctrine under Section 52 of the Transfer of the Property Act. We can understand Lis as Litigation and Pendens as Pendency as the words suggest us.
The video is a detailed explanation of Section 52 of The Transfer of the Property Act. The summary of the same is as follows:
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Section 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 proceedings 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.
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Explanation.-- For the purposes of this section, the pendency of a suit or proceeding shall be 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.
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Conditions for Applicability of the Doctrine as provided in Section 52
- A suit or proceeding is pending.
- The above suit is brought to a competent court within the jurisdiction.
- The right to the title of an immovable property is directly in question.
- There cannot be any collusion.
- The suit should directly affect the rights of the other party.
- The property in question is being transferred by either party.
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Some examples have also been discussed for this topic in the video.
Some interesting and famous Cases-
- Bellamy Vs. Sabine
- Faiyaz Husain Khan vs. Munshi Prag Narain
__________________________________________________
Kindly share your questions, queries or anything you want to share with us through the comment. Kindly like the video, share with your friends and subscribe our channel for more such videos if you liked our efforts to guide you for your sure selection.
__________________________________________________
Introducing our highly anticipated Judiciary Preparation program by Law Prep Tutorial. As the unrivaled leader in producing the highest CLAT results for an impressive 23 years, we're now extending our expertise to help you conquer the realm of judiciary exams with unwavering confidence!
Now, we're channeling that same winning formula into our Judiciary Preparation program. Get ready to harness the power of top-tier faculty, a time-tested approach, and a treasure trove of resources tailored to the unique demands of judiciary exams.
Strategically designed to unravel the complexities of legal concepts and equip you with the tools to shine in the competitive arena of judiciary exams. Beginning your legal journey, our program caters to all levels of expertise. Join us in this new chapter, where success in judiciary exams becomes the next glorious page in our success story!
________________________________________________
Let's connect around the World 🌍 :-
Telegram:- https://t.me/LawPrepJudiciary
Instagram:- Instagram: lawprepjudiciary
Facebook:- Facebook: LawPrepJudiciary
________________________________________________
#jlo2023 #lispendens #transferofproperty #transferofpropertyact #section52 #lawprepjudiciary #lawprep #judiciary #lawpreparation
___________________________________________
Welcome Everyone! This video is a must-watch and strategically very important for your preparation for all Judiciary exams and Law Preparation, as this subject of the video 'Lis Pendens' has almost 100% favorite of Paper-Makers. This topic has been explained in a simple language for you in this video.
The video talks about Lis Pendens which is a Doctrine under Section 52 of the Transfer of the Property Act. We can understand Lis as Litigation and Pendens as Pendency as the words suggest us.
The video is a detailed explanation of Section 52 of The Transfer of the Property Act. The summary of the same is as follows:
*****
Section 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 proceedings 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 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.
*****
*****
Conditions for Applicability of the Doctrine as provided in Section 52
- A suit or proceeding is pending.
- The above suit is brought to a competent court within the jurisdiction.
- The right to the title of an immovable property is directly in question.
- There cannot be any collusion.
- The suit should directly affect the rights of the other party.
- The property in question is being transferred by either party.
*****
Some examples have also been discussed for this topic in the video.
Some interesting and famous Cases-
- Bellamy Vs. Sabine
- Faiyaz Husain Khan vs. Munshi Prag Narain
__________________________________________________
Kindly share your questions, queries or anything you want to share with us through the comment. Kindly like the video, share with your friends and subscribe our channel for more such videos if you liked our efforts to guide you for your sure selection.
__________________________________________________
Introducing our highly anticipated Judiciary Preparation program by Law Prep Tutorial. As the unrivaled leader in producing the highest CLAT results for an impressive 23 years, we're now extending our expertise to help you conquer the realm of judiciary exams with unwavering confidence!
Now, we're channeling that same winning formula into our Judiciary Preparation program. Get ready to harness the power of top-tier faculty, a time-tested approach, and a treasure trove of resources tailored to the unique demands of judiciary exams.
Strategically designed to unravel the complexities of legal concepts and equip you with the tools to shine in the competitive arena of judiciary exams. Beginning your legal journey, our program caters to all levels of expertise. Join us in this new chapter, where success in judiciary exams becomes the next glorious page in our success story!
________________________________________________
Let's connect around the World 🌍 :-
Telegram:- https://t.me/LawPrepJudiciary
Instagram:- Instagram: lawprepjudiciary
Facebook:- Facebook: LawPrepJudiciary
________________________________________________
#jlo2023 #lispendens #transferofproperty #transferofpropertyact #section52 #lawprepjudiciary #lawprep #judiciary #lawpreparation
10 ماه پیش
در تاریخ 1402/06/29 منتشر شده
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