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    <title>2017 (3) TMI 1924 - Supreme Court</title>
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    <description>A transfer of immovable property made during the pendency of a partition suit remains subject to the suit&#039;s outcome under lis pendens and is not void in the absolute sense. The earlier injunction decision, having conclusively confined the purchaser&#039;s rights to the vendor&#039;s share, operated as res judicata on that point and could not be reopened in final decree proceedings. The preliminary partition decree had attained finality and bound the parties and transferees pendente lite. No separate cancellation suit was necessary, adverse possession was not proved, and a Muslim co-sharer could alienate only his own definite share, not the shares of other co-heirs.</description>
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      <link>https://www.taxtmi.com/caselaws?id=309086</link>
      <description>A transfer of immovable property made during the pendency of a partition suit remains subject to the suit&#039;s outcome under lis pendens and is not void in the absolute sense. The earlier injunction decision, having conclusively confined the purchaser&#039;s rights to the vendor&#039;s share, operated as res judicata on that point and could not be reopened in final decree proceedings. The preliminary partition decree had attained finality and bound the parties and transferees pendente lite. No separate cancellation suit was necessary, adverse possession was not proved, and a Muslim co-sharer could alienate only his own definite share, not the shares of other co-heirs.</description>
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