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    Doctrine of Lis Pendens

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    khushi soni
    The document discusses the doctrine of lis pendens, which prohibits the transfer of property during pending litigation. It outlines the conditions for applicability of lis pendens under Section 52 of the Transfer of Property Act, the effects of lis pendens, and judicial observations related to the doctrine. The essence of lis pendens is that transactions during litigation should not harm the interests of other parties to the suit.

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    Doctrine of Lis Pendens

    Uploaded by

    khushi soni
    7 views8 pages
    The document discusses the doctrine of lis pendens, which prohibits the transfer of property during pending litigation. It outlines the conditions for applicability of lis pendens under Section 52 of the Transfer of Property Act, the effects of lis pendens, and judicial observations related to the doctrine. The essence of lis pendens is that transactions during litigation should not harm the interests of other parties to the suit.

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    LIS PENDENS

    Original Title

    DOCTRINE OF LIS PENDENS

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    The document discusses the doctrine of lis pendens, which prohibits the transfer of property during pending litigation. It outlines the conditions for applicability of lis pendens under Section 52 of the Transfer of Property Act, the effects of lis pendens, and judicial observations related to the doctrine. The essence of lis pendens is that transactions during litigation should not harm the interests of other parties to the suit.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    7 views8 pages

    Doctrine of Lis Pendens

    Uploaded by

    khushi soni
    The document discusses the doctrine of lis pendens, which prohibits the transfer of property during pending litigation. It outlines the conditions for applicability of lis pendens under Section 52 of the Transfer of Property Act, the effects of lis pendens, and judicial observations related to the doctrine. The essence of lis pendens is that transactions during litigation should not harm the interests of other parties to the suit.

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    of 8

    DOCTRINE OF LIS

    PENDENS
    BY KHUSHI SONI
    (BC0220024)
    INTRODUCTION
    The doctrine of lis pendens is an old doctrine that has been in
    operation since the period of English common law. In the word
    lis pendens, ‘lis’ means litigation, and 'pendens' means
    pending. Based on a maxim which means nothing new should
    be introduced during the pendency of litigation. This doctrine
    prohibits the transfer of property in pending litigation.
    UNDER TRANSFER OF PROPERTY ACT
    Section 52 of the Transfer of Property Act was based on this doctrine. Section 52 of the
    act states that “Of any suit or proceedings which is not collusive and 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 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.”
    CONDITIONS
    The apex court in the case of Amit Kumar Shaw V. Farida Khatoon stated the required
    elements for the applicability of the rule of lis pendens under section 52.

    ■ The suit must be in the proceeding.

    ■ The instituted suit should be filed under a court with competent jurisdiction.

    ■ The right of title of an immovable property is directly and specifically in question.

    ■ The suit directly affects the rights of the other party.

    ■ The property which is in question is being transferred by either party.

    ■ The suit must not be collusive in nature.


    EFFECTS OF LIS PENDENS
    ■ A transfer or dealing by a party to a suit during the pendency of the suit/ proceeding
    is not void by the fact itself.

    ■ It only cannot affect the rights of any other party to the suit under any decree or order
    that may be made in the suit or proceedings.

    ■ Section 52 creates only a right to be enforced to avoid a transfer made while the
    litigation is pending because such transfers are not void but voidable.

    ■ Thus the effect of the rule of lis pendent is not to invalidate or avoid the transfer, but
    to make it subject to the result of the litigation.
    JUDICIAL OBSERVATIONS
    In the case of Simla Banking Industrial Co. Ltd. V. Firm Luddar Mal, Tek Chand It was
    stated that the lis pendens rule sets out that the person who has bought the property
    under the pendency of suit is bound to the judgment that might be made against the
    individual from whom he inferred his title even though such a buyer was not allowed
    involved with the activity or had no notice of pending prosecution.

    In the case of Bellamy vs Sabine, it was stated that the right to notify the transferee is
    not a requirement as it affects him not because it amounts to notice, but because the law
    does not allow litigant parties to give to others pending the litigation rights to the property
    in dispute to harm the opposite party.
    CONCLUSION
    The essence of this section is that a transaction made during the pendency of the suit by
    a party to the suit should not harm the interest of the other party. The doctrine of lis
    pendens is strictly based on the theory of necessity. It ensures that justice will be
    provided without injuring the rights of either party.
    THANK YOU

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