What Is Section 52 Of Transfer Of Property Act And Its Impact

Time Business News

17-07-2025

The Transfer of Property Act, 1882, is the legislative law for Indian immovable property transfer. Along with all its provisions, Section 52 of the Transfer of Property Act is a very significant aspect of property dealings especially when there are conflicts which arise.
Traditionally, people refer to this as the doctrine of lis pendens, meaning 'pending litigation.' In this article, we detail the nuances of Section 52, explore its impact on property rights, and briefly explain its connection with Section 61 of the Transfer of Property Act.
Section 52 of the Transfer of Property Act enunciates the doctrine of lis pendens. It is mostly applicable where there is property under litigation. As per this provision, if any legal controversy regarding ownership or rights in connection with any such pending property, the property cannot be transferred or otherwise disposed of in a way prejudicial to the rights of the party to the suit. The most important provisions under Section 52 of transfer of property act are as follows:
The property falling under this section is that property which lies in the immediate way of a judicial case. The section tries to prevent transactions with a tendency to complicate or interfere with the jurisdiction of the court to pass judgment readily.
Section 52 is a safeguard for the interest of the party to the dispute in so far as the latter can benefit from rights over the property freely until the case is decided and determined by the court. A conveyance within such a time may jeopardize the interest of the parties and incur extra procedural and legal complexities.
Section 52 is only applicable to immovable property. Movable property is beyond its scope.
There are certain conditions upon which Section 52 can be enforced: The matter should be one of title, ownership, or an interest in the property.
The litigation should be pending before a competent court.
Alienation or transfer of the property must be effected without the permission of the court.
Section 52 has profound impacts on property rights, specifically for sellers, buyers, and litigants. They are as follows:
The litigious property cannot be transferred, sold, or transferred except as ordered by the court. This is to safeguard the interests of parties in contest and maintain judicial integrity.
Buyers have to use ordinary care before they buy any property. If a property, which has been litigated, is bought unknowingly, there may be a declaration of voidness of the transaction or the buyer may be asked to pay penalties in court. It is therefore necessary to verify the legal status of a property.
Section 52 provides for enforcement of court decrees without interference. If parties are permitted to deal with litigated properties at will, there will be interference in the working of the judiciary.
Once the court delivers the final judgment, the legal owner can freely dispose of the property. Section 52 of the Transfer of Property Act forbids any intermediary transactions that could affect ownership claims during litigation.
Section 52 defines the doctrine of lis pendens, and Section 61 of the Transfer of Property Act provides for redemption of mortgages of two or more properties. Section 61 entitles a mortgagor (borrower) who has mortgaged two or more properties to redeem any or all of them. However, this right becomes limited if the properties are combined under a single mortgage deed for an overlapping loan. The relationship between Section 52 and Section 61 is that both depend on the necessity to maintain legal and equitable rights over immovable property. While one applies to limitation of action, the other facilitates it with ease to dispose of cases of mortgages.
Every person involved in property deals, especially in India, should know about Section 52. You are a buyer, seller, or litigant; it is important to know the legal principles of lis pendens to avoid unnecessary legal troubles and economic losses.
Buyers must conduct their own inquiries to ensure the property is free from disputes or pending litigation. The sellers ought to refrain from selling while there are pending cases at law to protect their right to ownership. Litigants can use Section 52 for the purpose of preventing unjust disposals pending litigation.
Similarly, understanding Section 61 is crucial when dealing with mortgagors who have properties burdened with complex mortgage deeds. Overall, these sections put emphasis on the fact that one needs to have knowledge about property law and be cautious.
Section 52 of the Transfer of Property Act is a backbone of Indian property law, providing equality and legal protection concerning matters of property disputes. The concept of lis pendens prohibits dealings that can cause complication in litigation and safeguards the right of the litigant. Being knowledgeable about related provisions like Section 61 of the Transfer of Property Act can also enable a person to efficiently manage matters of property and mortgage.
Since selling property involves significant financial and legal implications, consult an authorized attorney to understand how Section 52 and Section 61 apply when dealing with disputed or mortgaged property. Caution and alertness will save you from entangling yourself in unexpected legal consequences.
Read Other Blogs: How ULIP Plans Help You Save Tax Under Section 80C
TIME BUSINESS NEWS