Introduction
Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to properties. In today’s blog post, we aim to shed light on the prevailing issues surrounding properties, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
What is the Transfer of Property Act?
The Transfer of Property Act is legislation in India that governs the transfer of property rights from one person to another. It provides the legal framework for various types of property transfers, including sale, mortgage, lease, gift, and exchange. The Act defines the rights and obligations of both the transferor (the person transferring the property) and the transferee (the person receiving the property). It also lays down rules regarding the validity, execution, and registration of property transfers. The Transfer of Property Act aims to ensure transparency, fairness, and legal certainty in property transactions in India.
Section 52 Under Transfer of Property Act :
According to the Transfer of Property Act (TPA) in India, Section 52 specifically deals with the transfer of property pending litigation. It states that during the pendency of a suit or proceeding in which any right to immovable property is directly and specifically in question, any transfer of that property made by any party to the suit is void against any person who acquires a decree or order that affects the right to the property.
Provisions Under Section 52 of the TPA Act :
Under the Transfer of Property Act (TPA) in India, the transfer of property during the pendency of a suit or proceeding is addressed in Section 52. The provisions of this section in detail:
- Transfer during pendency: Section 52 applies when a suit or proceeding is ongoing, and the right to immovable property is directly and specifically in question. It means that the dispute must relate to the ownership or rights over the property itself and not any other matter.
- Property Subject to Transfer: Section 52 applies specifically to immovable property. Immovable property refers to land, buildings, or any other permanent structure attached to the land. The provision does not apply to movable property such as vehicles, furniture, or personal belongings.
- Suit or Proceeding: For Section 52 to come into effect, there must be a suit or proceeding where the right to immovable property is directly and specifically in question. In other words, the dispute should involve the ownership, possession, or any other right pertaining to the immovable property.
- Void Transfer: Section 52 declares any transfer of property made by any party to the suit during the pendency of the proceedings as void. This means that the transfer is considered legally ineffective and has no validity.
- Protection for subsequent decree-holder: The provision is intended to protect the interests of subsequent decree-holders. A decree is a formal decision or order issued by a court. If someone acquires a decree or order that affects the right to the property, any transfer made during the pendency of the suit will not be binding on them. This ensures that the rights of the subsequent decree-holder are not compromised by transfers made during the litigation.
- Impact on Transferee’s Rights: The transfer made during the pendency of the suit does not affect the rights of the transferee until a decree or order is acquired by a third party. In other words, the transferee may possess the property and exercise certain rights until a decree or order is obtained against them, at which point the transfer will be considered void.
- Exceptions: Section 52 does not apply to bona fide purchasers for value without notice. If a person acquires the property in good faith, pays consideration (value), and has no knowledge of the ongoing suit or dispute, their transfer may be considered valid even during the pendency of the suit.
Conclusion
It’s essential to note that Section 52 is aimed at preventing the manipulation or disposal of property during the course of litigation. Its purpose is to safeguard the rights and interests of parties involved in the suit or proceeding and ensure that any decision or order regarding property rights is binding and enforceable against all parties concerned. This provision is meant to protect the interests of parties involved in litigation and to prevent the manipulation or disposal of property during the pendency of a legal proceeding. It ensures that any decision or order regarding property rights is binding and enforceable against all parties involved.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to the Transfer of Property Act. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..
Written by: Adv. Priyanka Goel (D/945/2020) .