‘Lis Pendens’ – A Scrutiny of its Performance in Indian Courts during Transfer of Property

  • Dr. J. James Jayapaul
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  • Dr. J. James Jayapaul

    Principal(FAC)/Associate Professor at Government Law College Ramanathapuram, India

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The property which is the subject matter of a suit is subject to the Judgment delivered by the court. So the Transfer of Property Act, 1882 under Section 52 says about the procedure to be followed in transferring a property while suit is pending before the court. The hidden reasoning behind regulation of lis pendens is to forestall the topic of a claim from being moved to an outsider while the case is as yet forthcoming. In circumstances including immovable property, any exchange of proprietorship should conform to the court's choice, and the transferee is limited by the court's judgment. This principle supplies a complete position of rules and regulations for different aspects relating to the property transfer such as sale, lease, mortgage, exchange, and gift. It also enumerates the rights and duties of suit parties involved in transfer of pending suit property. More over If a person is going to purchase a immovable property then that person will apply for encumbrance certificate and if a litigation is pending before a competent court, then it will not be reflected in E.C. and the person will purchase that property. I have discussed in this article about the position of applicability of the doctrine of lis pendens on the light of different Judgments.




International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 880 - 883

DOI: https://doij.org/10.10000/IJLSI.111992

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