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Therefore, evolving the principles of common law and Section 52 of The Transfer of Property Act, 1882, was born and is as follows: A does not get any title as he purchased the property from someone who did not have the title and therefore cannot convey it. Z was entitled to the property and the sale was set aside. However, while this litigation was pending, Mr. X, sued Mr A in a competent court to declare the sale as void. Mr X’s son, Mr Z, who was the heir of Mr. The facts of the above case were the following:Ī person, Mr X, sold an immovable property to Mr A. In any case, the Plaintiff will be responsible for the Defendant who alienated the property before the judgment or the decree and must be obliged, according to the same course of action, to initiate these proceedings de novo.” “This is a doctrine common to law and equity courts, which I apprehend, on the grounds that, if alienation pendente lite was allowed to prevail, it would simply not be possible for any action or suit to be resolved successfully. Sabine, 1857 Where the Court observed the following: The doctrine of Lis Pendens has its origin by Lord Justice Turner in Bellamy Vs.
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The first amendment to the Transfer of Property Act, 1882, was in 1929, whereby the definition of living persons was amended to include companies, associations, and bodies of individuals, whether incorporated or not. The transferee can get the transferor’s rights and nothing more, where the owner is the transferor, and the transferee is the person or persons to whom the rights are conveyed. A transfer is defined as an act by which living persons convey the property to one or more living persons. The Transfer of Property Act covers transfers inter vivos, i.e., between two living persons. Again, the Government can, at any point, acquire the property and terminate the owner’s rights. Unlimited in the point of duration – As long as the property in question exists, the property rights are heritable.Also, the Government may acquire the property for specific purposes irrespective of the property owner’s consent. However, there are exceptions to this as minors (those below the age of 18) can be owners but cannot alienate the property. Unrestricted in the point of disposition – The owner has an unfettered right to dispose of the property.Indefinite in point of the user – The owner may use the property subject to some restrictions without injuring the rights of other persons, but at no point in time will it negate the ownership in the property even if the rights may be curtailed.Property or ownership are synonymous with each other, and ownership interest is automatically created when a right is vested.