Les pendens

Sadanand B. Panchal (Querist) 15 September 2012 This query is : Resolved
Respected Experts,
Section 52 of the Transfer of Property Act. Can Les Pendens be Registered for pending Suit for right of way, egress and ingress easement?
Regards,
Sadanand B. Panchal

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Jeevesh (Expert) 15 September 2012
Mr Panchal,

S.52 applies to all kinds of transfer of property during the pending litigation. The term "Transfer of Property" not as used in s.52 not only includes transfer of title but also includes all other kinds rights which are exercised in respect of a property.

Now coming to your specific query regarding right of way, egress and ingress easement the same cannot form the subject matter of transfer because as per s.6(c) of TPA an easement cannot be transferred apart from the dominant heritage.

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