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Case of "Raj Kumar Kundu v. Mcqueen" is related to

A. Lis pendens

B. Part performance

C. Mortgage

D. Ostensible owner

Answer: Option A

Solution(By Examveda Team)

Case of "Raj Kumar Kundu v. McQueen":
The case of Raj Kumar Kundu v. McQueen is a significant legal precedent related to the doctrine of Lis Pendens under the Transfer of Property Act, 1882. The doctrine of lis pendens is incorporated in Section 52 of the Act.

Lis Pendens:
The term Lis Pendens is a Latin phrase meaning "litigation pending." According to Section 52 of the Transfer of Property Act, 1882, when a property is the subject of a pending litigation, any transfer of that property made during the pendency of the suit is subject to the outcome of the litigation. This ensures that the rights of the parties in the lawsuit are not defeated by any alienation of property.

Correct Answer: Option A – Lis Pendens
The case of Raj Kumar Kundu v. McQueen dealt with the application of the doctrine of lis pendens, emphasizing that any transfer of immovable property made while a suit is pending is not valid against the rights of the parties to the litigation.

Explanation:
   >>   Section 52 of the Transfer of Property Act, 1882 provides that during the pendency of a suit relating to immovable property, the property cannot be transferred to defeat the rights of any party involved in the litigation.
   >>   The judgment in Raj Kumar Kundu v. McQueen reinforced this principle, ensuring that a purchaser who buys a property during an ongoing suit cannot claim any rights superior to the parties already litigating over the property.
   >>   The doctrine of lis pendens prevents fraudulent transfers and maintains the sanctity of judicial proceedings by ensuring that property disputes are resolved before any transfer of ownership.

Thus, the correct answer is Option A – Lis Pendens.

This Question Belongs to Law >> Transfer Of Property Act

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