Transfer of property pending suit relating thereto
Section 52 of the Transfer of Property Act, 1882 deals with transfer of property pending suit relating thereto. 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 5* * *] of [any] suit or proceeding [which is not collusive and] in. The Act came into force on 01 Jul 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 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.]
Section 52, The Transfer of Property Act, 1882 (Act 4 of 1882).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Amit Kumar Shaw v. Farida Khatoon
Court's Decision & Legal Precedent
Judgment of Main Case order-6.pdf 2005-04-13 DATE VERIFIED. CA 2592/2005. Bhan / Lakshmanan. Isolates TP 52 lis pendens: a transferee pendente lite is bound by the decree and should ordinarily be impleaded so that the decree can be worked out. O XXII R10 is discussed as the impleadment vehicle — do not invent CPC Order XXII as a sections.csv unit. Do not pad TP 53/54.
On this section: TP 52 lis pendens binds an alienee pendente lite by the decree; the alienee should ordinarily be impleaded (Amit Kumar Shaw). Do not invent CPC O XXII R10. Do not pad TP 53/54.
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Jagan Singh (dead) through Lrs vs Dhanwanti
Court's Decision & Legal Precedent
A bhumidhar with transferable rights under the U.P. Zamindari Abolition and Land Reforms Act, 1951 may validly impose restrictions on the alienability of his holding when bequeathing it through a duly registered will. Such restrictions remain binding on the legatee and do not disappear upon bequest. Specifically, when a testator bequeaths land to a female Hindu with a restriction that she may not transfer it, such restriction is permissible under Section 169(1) of the U.P. Act and falls within the exception provided by Section 14(2) of the Hindu Succession Act, 1956. Consequently, the legatee becomes a restricted owner holding only a life interest, not an absolute owner, and cannot claim unlimited rights of alienation regardless of the provisions of Section 14(1) of the Hindu Succession Act.
On this section: Doctrine of lis pendens provides that during the pendency of a suit concerning immovable property, the property cannot be transferred or dealt with by any party to the suit so as to affect the rights of any other party under any decree or order which may be made therein, except under the authority of the court. The court extended this doctrine to cover transfers executed after dismissal of the original suit but before the filing and admission of an appeal within the period of limitation.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Transferee tendered the entire consideration for the Secured Asset, there was admittedly neither any lis pendens in respect of the property registered as per due diligence conducted on its behalf nor had the petitioner acquired any rights to the said property. He submitted that as per the State amendment to Section 52 of the Transfer of Property Act, 1882 (for short, the " TPA ") lis pendens will not apply if a notice is not registered. He submitted that the consequence of this omission in registration would be that lis pendens will not apply. - 84. Since, in the present case admittedly there was no registration of …
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… Transferee tendered the entire consideration for the Secured Asset, there was admittedly neither any lis pendens in respect of the property registered as per due diligence conducted on its behalf nor had the petitioner acquired any rights to the said property. He submitted that as per the State amendment to Section 52 of the Transfer of Property Act, 1882 (for short, the " TPA ") lis pendens will not apply if a notice is not registered. He submitted that the consequence of this omission in registration would be that lis pendens will not apply. - 84. Since, in the present case admittedly there was no registration of …
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… Therefore, it is the admitted position that the second sale was definitely after the filing of the suit in question. Had that not been the position then we would have evaluated the effect of Section 19 of the Specific Relief Act read with Section 52 of the Transfer of Property Act. But in the present case it is more than apparent that the suit was filed before the second sale of the property. Therefore, the principle of lis pendens will govern the present case and the second sale cannot have the overriding effect on the first sale. 15. So far as the …
Questions about Section 52
What have the courts held on Section 52 of the Transfer of Property Act?
Amit Kumar Shaw v. Farida Khatoon (13 Apr 2005) is the leading judgment on this section among those set out below: TP 52 lis pendens binds an alienee pendente lite by the decree; the alienee should ordinarily be impleaded (Amit Kumar Shaw). Do not invent CPC O XXII R10. Do not pad TP 53/54. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2005 to 2012.
How do I find court cases under Section 52 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 52, section 52 TP Act, section 52 of the Transfer of Property Act. People searching for it also type 52 tpa act and 52a tpa. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Amit Kumar Shaw v. Farida Khatoon (13 Apr 2005).
What should I read with Section 52 of the Transfer of Property Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 52 of the Transfer of Property Act come into force?
Section 52 of the Transfer of Property Act, commonly called lis pendens, and cited as TP Act 52, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
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- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.