Law Maker

CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (B) Transfer of Immoveable Property

Section 52: Transfer of property pending suit relating thereto

The Transfer of Property Act, 1882

During the 1[pendency] in any Court having authority 2[3[within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by 4 [the Central Government 5 ***], of 6 [any] suit or proceeding 7[which is not collusive and] in. which any right to immoveable 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.

7[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.]

Footnotes in the official text

  1. 1.Subs. by Act 20 of 1929, s.14, for “active prosecution”.
  2. 2.Subs. by A.O. 1950, for “in the Provinces or established beyond the limits of the Provinces”.
  3. 3.Subs. by Act 3 of 1951, s. 3 and the Schedule, for “within the limits of Part A States and Part C States” (w.e.f. 1-4-1951).
  4. 4.Subs. by A.O. 1937, for “the Governor General in Council”.
  5. 5.The words “or the Crown Representative” Rep. by the A.O. 1948.
  6. 6.Subs. by Act 20 of 1929, s. 14, for “a contentious”.
  7. 7.Ins. by s. 14, ibid

Leading cases

Questions on this section

8 questions in 21 of our papers cite Section 52. Try these from the free papers:

  1. 1. Under the Explanation to Section 52 of the Transfer of Property Act, 1882, the pendency of a suit, for the purpose of lis pendens, continues until:

  2. 2. X sues Y for recovery of Rs 5 lakh lent to Y on a simple promissory note. No property of Y is mortgaged or charged for the loan. While the suit is pending, Y sells his house to Z. X later obtains a money decree. Which of the following is correct?

Practise questions on Transfer of Property Act