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Report No. 157

Section 52: The Transfer of Property Act, 1882 and Its Amendment

Contents
Chapter I Introduction
Instinct of Man to have Property
Locke wrote
Need to recognise man's right to property
Recognition of subsequent dispositions
Right to Property in the Constitution of India
Jurisdiction of machinery for resolution of dispute is not ousted during pendency of proceedings
Scope and object of the Report
Earlier Report and need for present Report
Legislative Competence
Chapter II Doctrine of lis pendens-its General Meaning and Relevance
Doctrine of lis pendens-its General Meaning and Relevance (1)
Doctrine of lis pendens-its General Meaning and Relevance (2)
Chapter III Section 52: Transfer of Property Act, 1882 and its Amendment
Transfer of Property Act, 1882 and its Amendment
Scope of section 52 analysed
Rationale
Object and purpose of the section
Conclusion
Need for amendment of section 52
Practical experience
Bona fide purchase not relevant
Reforms elsewhere
Bombay amendment
Recommended amendment of section 52, Transfer of Property Act
Amendment in the Registration Act, 1908
Amendment of section 18 of the Registration Act, 1908
Chapter IV Section 52 and Allied Provisions
Section 52 and Allied Provisions (1)
Section 52 and Allied Provisions (2)
Chapter V Conclusions and Recommendations
Conclusions
Recommendations
Amendment of section 52 of the Transfer of Property Act, 1882
Amendment of the Registration Act, 1908
Amendment of section 18 of the Registration Act, 1908


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