Transfer of Property Act Section 52 β€” Transfer of property pending suit relating thereto

CHAPTER I PRELIMINARY

General

Summary

While a court case about a piece of immovable property is pending, and that case is genuine (not a fake or collusive one), the people involved in the case cannot sell, transfer, or otherwise deal with that property in a way that would harm the rights of the other people in the case. This restriction applies from the moment the case is filed in court and continues until the case is fully finished, including after a final order is made and completely carried out, or until it is no longer possible to enforce the order due to the legal time limit for doing so having passed. The only way to deal with the property during this time is with the court's permission and under the conditions the court sets.

Official Text

During the 1[pendency] in any Court having authority 2[3[within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by 4 [the Central Government 5 ***], of 6 [any] suit or proceeding 7[which is not collusive and] in. which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. 7[Explanation.β€”For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order, has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.] 8[