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Lis Pendens

(Querist) 24 December 2018 This query is : Resolved 
Will sec 52 Lis Pendens of Transfer of Property Act applies in probate proceedings under Indian succession act? Kindly guide me in this regard
Vijay Raj Mahajan (Expert) 24 December 2018
Definitely, section 52 Les Pendens of the TP Act applies in probation of will case too as right to immoveable property is directly and specifically in question while the probation of Will is being decided by the civil court. The purpose of section 52 TP Act is to prevent wrong transfer of the immovable property whose ownership is in question. The probation of Will required to certify the validity of the Will and the rightful beneficiary to be given legal sanction to take over the ownership of the immovable property of the testator given through the Will. If during the probation proceedings of the Will the immovable property is transferred to the third party by the someone else not legally authorised to do so, the whole purpose of the probation of Will and handing over the said property of the testator to the lawful next owner is lost.
Mervyn Vivek (Querist) 24 December 2018
Thank you sir
Kumar Doab (Expert) 24 December 2018
The following should help to ensure adequate measures.

Supreme Court of India
Dev Raj Dogra And Ors vs Gyan Chand Jain And Ors on 10 March, 1981
Equivalent citations: 1981 AIR 981, 1981 SCR (3) 174
Author: A N Sen
Bench: Sen, Amarendra Nath (J)
https://indiankanoon.org/doc/870157/

An analysis of S. 52 of the Transfer of Property Act

Kumar Doab (Expert) 24 December 2018
Supreme Court of India
Crystal Developers vs Smt. Asha Lata Ghosh ... on 5 October, 2004
Author: Kapadia
Bench: Ashok Bhan, S.H. Kapadia
CASE NO.:
Appeal (civil) 6258 of 2000
https://indiankanoon.org/doc/925248/

Bombay High Court
Ramchandra Ganpatrao Hande Alias ... vs Vithalrao Hande & Ors on 29 March, 2011
Bench: Dr. D.Y. Chandrachud, Anoop V.Mohta
APPEAL NO.797 OF 2010
IN





NOTICE OF MOTION NO.37 OF 2009
IN
PETITION NO.158 OF 2009
https://indiankanoon.org/doc/1170261/


In the present case, as pointed out on behalf of the Respondents, no such prayer is made for an appointment of the administration pendente lite.
Kumar Doab (Expert) 24 December 2018
Supreme Court of India
Thomson Press (India) Ltd vs Nanak Builders & Investrs.P.Ltd & ... on 21 February, 2013
Author: …………………………….J.
Bench: T.S. Thakur, M.Y. Eqbal
Civil Appeal No. 1518 of 2013

(Arising out of Special Leave Petition (Civil) No. 24159 of 2009)


https://indiankanoon.org/doc/66021170/
Delhi High Court
M/S. Indian Associates vs The State And Others on 30 March, 2011
Author: M. L. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) No.641/2009 & CM Appl. No.18506/2009

Judgment reserved on : 24.01.2011
Judgment delivered on : 30.03.2011


https://indiankanoon.org/doc/140840/

Dr J C Vashista (Expert) 26 December 2018
Well advised by experts, nothing more to add.


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