Lawgist52Transfer of property pending suit relating thereto
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 the reto 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.
8[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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1. Subs. by Act 20 of 1929, s.14, for "active prosecution".
2. Subs. by the A.O. 1950, for "in the Provinces or restablished beyond the limits of the Provinces".
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. Subs. by the A.O. 1937, for "the Governor General in Council".
5. The words "or the Crown Representative" omitted by the A.O. 1948.
6. Subs. by Act 20 of 1929, s. 14, for "a contentious
7. Ins. by s. 14, ibid
8. Added by 14, ibid.
- 38 Transfer by person authori sed only under certain circumstances to transfer
- 39 Transfer where third person is entitled to maintenance
- 40 Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement
- 41 Transfer by ostensible owner
- 42 Transfer by person having authority to revoke former transfer
- 43 Transfer by unauthorised person who subsequently acquires interest in property transferred
- 44 Transfer by one co-owner
- 45 Joint transfer for consideration
- 46 Transfer for consideration by persons having distinct interests
- 47 Transfer by co-owners of share in common property
- 48 Priority of rights created by transfer
- 49 Transferee's right under policy
- 50 Rent bona fide paid to holder under defective title
- 51 Improvements made by bona fide holders under defective titles
- 52 Transfer of property pending suit relating thereto
- 53 Fraudulent transfer
- 53A Part performance
