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Report No. 157

3.14. Need for amendment of section 52.-

Notwithstanding this laudable objective of the doctrine of lis pendens (underlying section 52) there are certain difficulties arising from the categorical manner in which it finds expression in section 52. In practically prohibiting transfers pendente lite, the section, if one may say so, has overlooked the interests of prospective purchasers of the disputed property.



Section 52 of the Transfer of Property Act, 1882 and its Amendment Back




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