Lis Pendens: What Happens When Property Is Sold the Same Day a Suit Is Filed?

When a suit to obtain specific property is instituted, and the object of the suit may be defeated by a sale, it is a case of lis pendens. Plant v. Peatman.3 There is another principle of the English law which may be remembered in this connection. ... On October 21, 1902, Francina sold the land to her brother Marthenis. It was subsequently seized in execution of a decree against Francina as executrix at the instance of Pedro Fonseka. Marthenis filed a claim, which was upheld on March 17, 1903. ... ....

Shivappu, ubi supra, page 40, " the hardship to the purchaser cannot affect the decision of the case," and there is no statute law in Ceylon with reference to .the registration of a lis pendens. ... The question has been argued before us at considerable length on the footing that the case was one of lis pendens, and it has been decided in the Court below, on the authority of Radhosyam Moha-pattra v. ... If it could be shown that the defendant knew of the institution of the action against him and evaded service o....

2022 0 Supreme(Mad) 1099

suit property through one Ghudu Sherif who sold the suit property to Mehrunnisa, under the sale deed dated 22.1.1987. ... This judgment brought out the doctrine of lis pendens by comparing it to the Section as it stood prior to the amendment and as it now stands. In the instant case, the suit O.S.No.139 of 2007 was filed before the District Munsif, Kallakurichi which was not the competent Court on 29.07.1985. ... The defendant would trace her title to one Ghudu Sherif who had #HL_START....

Lis pendens-Application for sale of property subject to fidei commissum. ... After due inquiry the Court on April 16, 1919, allowed the application, and the property was sold to the plaintiff by deed dated April 17,1919. ... But it is only necessary to say that this so-called lis pendens was not registered under the provisions of the amending Land Registration Ordinance, and therefore the plaintiff is not able to maintain his case on that ground. ... the property#HL_EN....

2025 0 Supreme(All) 3439

In the case of Guruswamy Nadar (supra), the Apex Court has considered the effect of lispendens between the original parties and has held that party purchasing the property after the suit had been filed by the original purchaser, does not get good title. ... It must be noted that Rule 1 Order 39 of the Code clearly provides for interim injunction restraining the alienation or sale of the suit property and if the doctrine of lis pendens as enacted in a href="./.. ... All the case laws d....

Transfer of property subject to mortgage-Falure of mortgagee to register address or lis pendens-Competition between purchaser under mortgage decree and  transferree-Lis pendents-Service of summons. ... However that may be, by November 7, 1919, Lavara Fernando's proctor informed the defendants' proctor by letter that the action, the particulars of which he gave, had been filed upon the bond. ... The land was sold under the decree in February, 1920, and was purchased by the plaintiff, who obtained a transfer from ....

2023 0 Supreme(Mad) 1064

No explanation has been offered by the appellant for not registering the document either on the same day or on the next day. ... In view of the above, as sale stood completed during the pendency of the suit, doctrine of lis pendens is applicable in the facts and circumstances of the case. ... In the present case, the sale deed having been registered on 05.02.2008, 7 days after the date of filing of the suit, is clearly hit by the doctrine of lis pendens. 12. ... Section 52 of the Trans....

2023 0 Supreme(Del) 164

Verma, Judgment Debtor (hereinafter referred to as “JD”), the original owner, sold his Property bearing Plot No. 40 situated at Chitra Vihar behind Radhu Cinema in the Village Khreji Khas, Elaka Shahdara, Delhi-110092 (hereinafter referred to as “suit property”) to the DH Ms. ... Lakshmi Ammal (2008)5 SCC 796, wherein the during the pendency of a suit for specific performance, the owner sold the property to another person and the contention of bonafide purchaser was examined. ... case,....

2024 0 Supreme(Mad) 2159

But in the present case it is more than apparent that the suit was filed before the second sale of the property. Therefore, the principle of lis pendens will govern the present case and the second sale cannot have the overriding effect on the first sale.” 31. ... Therefore, the question before us in this case is what is the effect of the lis pendens on the subsequent sale of the same property by the owner to the second purchaser.9. ... In the presen....

2025 Supreme(Online)(Ker) 57987

The defendants 1 and 2 filed a written statement contending that, they have sold the property to the 3rd defendant in the year 1999, just before the filing of the suit. ... The appellant/3rd defendant purchased the property only in the year 1999. If the plaintiff had any case that Ext.A7 was intended only as a security, the plaintiff ought to have immediately filed the suit on execution of Ext.A7 sale deed. ... Can the amendment of the plaint take effect from the date of the suit as or....

2012 0 Supreme(Pat) 1249

The Court has come to conclusion that it is by and large a civil dispute. By and large the facts of this case is covered by the judgment of the Hon’ble Supreme Court in the case of Md. Ibrahim (supra). In that case the property was sold and a complaint case was filed that the person who sold the property did not have a right to sale the same. In this case also, dispute arose on account of mutation order claiming that mutation could not haven been effected in derogation of registered deed of transfer made by her husband.

2012 0 Supreme(Del) 836

It is correct that after I vacating the second floor of the suit property, second floor of the property was sold by my father. Volunteered, it was sold on the same day when I had vacated the second floor of the suit property.”

2008 0 Supreme(Del) 1135

If the property had been sold before filing of the suit, the doctrine of lis pendens would not apply. In order to apply section 52 of the Transfer of Property Act, it is essential that at the time of sale of property by the defendants to some third person, there must be a suit or proceeding pending in a Court of competent jurisdiction, involving the right to immovable property and the transfer of the property or dealing with the third party should have taken place during the pendency of the proceeding by a party to the litigation. Farida Khatoon and another, (2005) 11 SC 40....

2007 0 Supreme(Mad) 3330

The assessee made a final payment in the year 1973, i.e., on February 10, 1973. On the same day, he sold the property and claimed the gain arising therefrom as long-term capital gains. The Punjab and Haryana High Court took the view that Section 2(42-A) relating to the definition of short-term capital gains asset refers to a capital asset held by an assessee for not more than 36 months immediately preceding the date of transfer. The High Court took the view that "As is clear from a bare reading of section 2(42) of the Act, the word "owner" has designedly not been used by th....

2007 0 Supreme(Ori) 432

With the aforesaid pleadings the decree-holder has prayed that the executing Court has not committed any error and the Writ application may be dismissed in limine. In reply to the plea of the judgment-debtor that the property in question had been sold to two outsiders who were in possession thereof, the plaintiff-decree holder submitted that the suit having been filed in the year 1990, any sale effected with regard to the suit property thereafter would be treated as lis pendens sales and the purchas¬ers acquired no title. Thus the belated plea taken by the judg¬ment-debtor ....