AI Overview...
-
Lis Pendens - Registration and Effect
A lis pendens notice is registered by a plaintiff to indicate ongoing litigation concerning a property, which generally affects subsequent transfers and dealings with the property. It serves as a warning that the property is subject to a pending suit, and any transfer during this period may be subject to the outcome of the litigation.
Minakshi Mahendra Pitroda VS Kusumben Devchand Rathod - Bombay, Ram Peary VS Gauri - Allahabad, JOGINDER SINGH BEDI VS SARDAR SINGH NARANG - Delhi, BELA DIBYA VS RAMKISHORE MOHANTY - Orissa -
Can Property be Sold with Lis Pendens?
While a property can technically be sold during the pendency of a suit, such sales are often scrutinized under the doctrine of lis pendens. Courts have held that sales made during litigation—especially without notice of the pending suit—may be invalid or subject to challenge, particularly if the sale violates the rights of the parties involved or is made in collusion. For instance, sales in auction or to third parties without notice of the lis pendens may still be affected, and the property can be liable for discharge of the lis pendens.
Ram Peary VS Gauri - Allahabad, BELA DIBYA VS RAMKISHORE MOHANTY - Orissa, JOGINDER SINGH BEDI VS SARDAR SINGH NARANG - Delhi, Minakshi Mahendra Pitroda VS Kusumben Devchand Rathod - Bombay -
Limitations and Exceptions
Revenue sales and certain transfers like gift deeds may not be affected by lis pendens if they occur during the pendency of a suit, as courts have distinguished these from other types of transfers. Additionally, a sale made in good faith without notice of the lis pendens may be upheld, but subsequent claims can challenge such transfers.
Gopalan Nair VS Bharathi Amma - Kerala, Annapurnabai Zipa Patil VS Panabai Zipa Patil & another - Bombay -
Legal Principles and Court Views
Courts emphasize that the doctrine of lis pendens aims to preserve the status quo during litigation, preventing transfers that could affect the outcome. However, the sale of a property during litigation does not automatically nullify the transaction unless it involves collusion, fraud, or notice of the pending suit. The doctrine primarily protects the plaintiff's rights and ensures that the property remains subject to the litigation.
Ram Peary VS Gauri - Allahabad, SUNITA PANDEY vs THE STATE OF BIHAR - Supreme Court, PUNDLIK S/O FAKIRA VS MT RAMSUKHIBAI W/O SAKATSING - Nagpur
Analysis and Conclusion:
A property can be sold during the pendency of a suit with a lis pendens notice, but such sales are often subject to challenge and may be invalidated if made with notice of the litigation or in collusion. The doctrine of lis pendens primarily aims to prevent disposals that could prejudice the plaintiff's rights, and courts scrutinize the nature of the sale, the notice given, and the intentions of the parties involved. Generally, a sale without notice to the buyer may be upheld, but subsequent claims can still arise, making it essential for buyers and sellers to consider the implications of a lis pendens before proceeding with transfers.
Search Results for "Can a Property be Sold with a Lis Pendens Notice"
2010 0 Supreme(Bom) 1674 • India - Bombay
D.Y.CHANDRACHUD, ANOOP V.MOHTA
The plaintiff has also registered a notice of lis pendens in respect of the property. ... The plaintiff has lodged a notice of lis pendens. ... their rights-Notice of lis pendens registered by plaintiff-Interim injunction cannot be granted. ... The Plaintiff has also registered a notice of #HL_START....
2017 0 Supreme(Mad) 2394 • India - Madras
S.VAIDYANATHAN
Transfer of Property Act - Section 52 - Civil Procedure Code,1908 - Section 100 - Entitled to equal shares in the property ... self-acquired properties, and died intestate leaving behind the heirs, are all parties in suit and they are entitled to equal shares in property ... had been sold during the pendency of the Civil Suit, cannot be construed as Lis Pendens, may not be correct. ... the lawyer's #HL_ST....
1977 0 Supreme(All) 109 • India - Allahabad
HARISWARUP, PREMPRAKASH, K.S.VERMA
LIS PENDENS - TRANSFER OF PROPERTY ACT, SECTION 52 - SPECIFIC RELIEF ACT, SECTION 19(B) - DOCTRINE OF LIS PENDENS PREVAILS OVER ... During the pendency of the suit, the vendor sold the land to a subsequent transferee who had no notice of the suit. ... The court held that the doctrine of lis pendens applied to the transfer and that the subsequent transf....
2025 Supreme(Online)(Ker) 32652 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.V. Salahuddeen, J
litigation and cannot claim protection against dispossession following the principle of lis pendens. ... sold in auction - Petitioner claimed ownership and possession of property bought in 2006, asserting fraud by judgment debtor - Dismissal ... (Paras 2 - 10) ... ... (B) Fraud and Collusion - The petitioner was deemed to have constructive notice of the ongoing ... pendens, a purchase....
1968 0 Supreme(Ori) 90 • India - Orissa
G.K.MISRA
The property was later sold in an auction sale to the respondent, who purchased it without notice of the charge. ... Therefore, the auction sale was hit by lis pendens and the property in the hands of the auction-purchaser was liable for the discharge ... without notice of the charge. ... As the decree had not been satisfied, the auction sale of the disputed p....
1984 0 Supreme(Del) 31 • India - Delhi
G.C.JAIN, AVADH BEHARI ROHATGI
SPECIFIC PERFORMANCE - SALE OF IMMOVABLE PROPERTY - DOCTRINE OF LIS PENDENS - EFFECT OF SALE MADE BY VENDOR IN FAVOUR OF SISTER ... During the pendency of the suit, the vendor sold the property to his sister, Smt. Nirmal Jyot, on 3-8-1972. ... Whether the sale in favor of the sister was hit by the doctrine of lis pendens contained in section 52 of the Transfer of Proper....
1951 0 Supreme(Ker) 93 • India - Kerala
GANGADHARA MENON, VITHAYATHIL
lis pendens - Revenue Sale - 1949 T.L.R. 36, 1950 KLT 322, 28 TLJ 226, AIR 1939 Mad. 256, 1929 Rangoon 175 - The court discussed ... the validity of revenue sale during the pendency of a suit and held that the revenue sale is not affected by lis pendens. ... Issues: The issues raised in the appeal were: (1) Whether the revenue sale is affected by lis pendens; (2) Whether the claim ... I....
1992 0 Supreme(Bom) 533 • India - Bombay
M.L.DUDHAT
Gift deed dated 10-8-1965 hit by principle of lis pendens under Section 52. ... Pendens. ... Issuance of notice and service of notice of no consequence. ... Further the Court held that the application of the doctrine of lis pendens does not depend upon the purchaser having notice of the ... was affected by rule of lis penden....
2024 Supreme(Online)(SC) 5940 • India - Supreme Court
SANJIV KHANNA, DIPANKAR DATTA, JJ
(A) Property Law - Doctrine of Lis Pendens - The petitioner inherited property from her late father and claims entitlement to deal ... ... ... Ratio Decidendi: The court emphasized the importance of the doctrine of lis pendens in property disputes and the necessity ... Proceedings were initiated by her brother in civil court, and the property was #HL....
1950 0 Supreme(Nagpur) 7 • India - Nagpur
BOSE, MUDHOLKAR
PENDENS. ... pendens. ... pendens. 4. ... So also no question of lis pendens arises. ... He is not like a civil Court and so cannot acquire jurisdiction by the-simple process of issuing notice, and even if the-person noticed ... The civil Court (Collector (sic) found that a balance was due and sold the property again.
Filter by Legal Phrase
