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'Lis pendens' refers to 'pending litigation,' indicating that a legal action concerning a property is ongoing. |
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True or False: The doctrine of lis pendens is based on actual notice of the disputed title. |
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False. The doctrine is based on 'necessity' rather than actual or constructive notice. |
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Complete the maxim associated with the doctrine of lis pendens: 'pendent lite ___.' |
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'nullum innovator,' meaning 'nothing new should be introduced during the pendency of litigation.' |
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To prevent parties from disposing of a disputed property in a way that interferes with the Court's proceedings. |
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Fill in the blank: The basis of lis pendens serves as a matter of public policy to prevent ___ during legal disputes. |
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What is the principle of lis pendens as expressed in the maxim Ut lite pendent nullum innovetur? |
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The principle of lis pendens means that nothing new should be introduced in pending litigation, ensuring that the rights of the parties involved are preserved until the case is resolved. |
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In the context of lis pendens, parties cannot alienate or deal with immovable property during pending litigation. True or False? |
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What are the consequences of transferring property during the pendency of a suit according to the doctrine of lis pendens? |
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Transfers made during the pendency of a suit are subject to the doctrine of lis pendens and can affect the rights of the other party in the litigation. |
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Fill in the blank: According to Section 52 of the Transfer of Property Act, a suit must be ___ and not collusive for the doctrine of lis pendens to apply. |
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Identify one condition that must be met for the doctrine of lis pendens to apply: The property in dispute must be transferred or otherwise dealt with by any party to the suit. True or False? |
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List the factors that must be satisfied for a suit to invoke the doctrine of lis pendens. |
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The factors include: 1) Pendency of a suit, 2) Suit pending in a competent court, 3) Involvement of a right to immovable property, 4) Suit must not be collusive, 5) Transfer of property by any party, and 6) The transfer must affect the rights of the other party. |
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'Pendente lite' refers to the period during which a lawsuit is pending, emphasizing that no actions should alter the status of the property involved. |
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In a scenario where a party transfers property during the litigation, what effect does the doctrine of lis pendens have on subsequent purchasers? |
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Subsequent purchasers take the property subject to the outcome of the litigation and cannot claim superior rights against the other party involved in the suit. |
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True or False: A transfer made during the pendency of a suit is automatically void. |
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False; the transfer is not void but voidable at the option of the affected party. |
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According to Section 52 of the Transfer of Property Act, a person who purchases property during the pendency of a suit is bound by ___ even if they were not a party to the action. |
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Fill in the blank: The effect of the rule of lis pendens is to make the transfer subject to the result of the ___. |
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What is the primary principle behind the lis pendens rule as stated in the Transfer of Property Act? |
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The rule is based on expediency and does not annul the transfer but makes it subordinate to the rights of the parties in the litigation. |
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True or False: A transfer made by a party not involved in a suit can never be affected by the outcome of that suit. |
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False; the ultimate decree may still affect the shares of parties not involved in the suit. |