Response
“If a court passes a status quo order, it approach that after the suit is instituted, the person that was in ownership and title of the assets will hold to preserve the assets till the suit is disposed of. Status quo has components: possession of property and title of property.
Status quo order is typically surpassed through the court to prevent third party interest in property in instances together with lease, mortgage, gift, sale, will, or any act that’s executed to transfer the interest in the assets under the Transfer of Property Act.
the reputation quo order is surpassed, the person that is in possession of the assets will hold to experience the ownership of the assets and devour the benefits taken from such possession.
Status quo is different from stay order as the latter compels the man or woman to prevent or begin any activity regarding the suit property.
Section 52 of Transfer of Property Act states that if a litigation is pending in opposition to the suit property, the actions of purchase, sale or transfer of title of the assets will be governed through the principle of lis pendens.
This approach that a property can’t be transferred if a lawsuit regarding it’s far pending in a court of law.
If the courtÕs decision remains pending, then the sale is invalid.”
Reference: Section 52 of Transfer of Property Act – – AHG281 – 202100553 – 149 – 174- 202100314-20210042-1147
LAWAYZ-2023-1016