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Right To Alienate Property Unaffected By Pending Litigation

The Kerala High Court, in the case of Lakshmi vs State of Kerala and Ors, has held that mere pendency of litigation does not ispo facto affect the person’s right to alienate the property. The court relied on Section 52 of the Transfer of Property Act to hold that a sale which takes place in the face of a pending litigation would at its best amount to a lis pendens sale.

Article referred: http://www.livelaw.in/right-alienate-property-unaffected-pending-litigation-kerala-hc-read-judgment/

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