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State of Jammu-Kashmir - Section

Section 52 in Transfer of Property Act, 1977

52. [ Transfer of property pending suit relating thereto. [In section 52 word 'pendency' and 'any' substituted for 'active prosecution' and 'a contentious' respectively ; other words in brackets inserted and explanation added by Act VI of Samvat 1996.]

- During the [pendency] in any Court having authority in the State, of [any] [In section 52 word 'pendency' and 'any' substituted for 'active prosecution' and 'a contentious' respectively ; other words in brackets inserted and explanation added by Act VI of Samvat 1996.] suit or proceeding [which is not collusive and] [In section 52 word 'pendency' and 'any' substituted for 'active prosecution' and 'a contentious' respectively ; other words in brackets inserted and explanation added by Act VI of Samvat 1996.] in which any right to immovable 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.[Explanation. - 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 completes 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.] [In section 52 word 'pendency' and 'any' substituted for 'active prosecution' and 'a contentious' respectively ; other words in brackets inserted and explanation added by Act VI of Samvat 1996.]