AI Overview...
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Lis Pendens Registration - Registration of lis pendens notice is crucial during ongoing litigation to inform third parties about pending disputes affecting property rights. Courts have emphasized that mere pendency of a suit does not automatically bar registration unless explicitly restrained by a competent court; however, failure to register can lead to complications in property transfers. In some cases, the Sub-Registrar's refusal to register lis pendens or related documents is challenged, with courts directing compliance based on legal provisions and prior orders. Pramod Moreshwar Tattu VS Sub-Divisional Officer, Baramati - Bombay, Yogesh Goyanka S/o Shri Surechand VS Govind S/o Shri Kailash - Rajasthan, YOGENDRASINH JAYENDRASINH JADEJA vs STATE OF GUJARAT & ORS. - Gujarat
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Rejection of Application by Sub-Registrar - Applications for registration or noting of lis pendens can be rejected by Sub-Registrars on grounds such as non-registration of notices, absence of court orders, or procedural lapses. Such rejections are often challenged in courts, which may direct the Sub-Registrar to register the notice if procedural requirements are met or if the court has issued relevant orders. Courts have also clarified that pendency alone does not prevent registration unless a restraining order is in place. Prabha Devi W/o Arjun Sharma VS The State Of Bihar, Collector, District Sub-registrar And Most. Raj - Patna, Manik S/o Motiram Dalwale Died Through VS Suhas Vasantrao Jawadekar, Occ. Service, Bombay - Bombay, R.LOGANATHAN vs THE DISTRICT REGISTRAR - Madras
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Court Orders and Compliance - Courts have played a significant role in ensuring Sub-Registrars adhere to legal directives regarding lis pendens. Orders quashing earlier rejection or directing registration are common, emphasizing that the Sub-Registrar must comply with judicial directions unless there are procedural violations. Proper recording of lis pendens in land records is essential for transparency and to prevent unauthorized transfers during litigation. Prabha Devi W/o Arjun Sharma VS The State Of Bihar, Collector, District Sub-registrar And Most. Raj - Patna, Madhubhai Virjibhai Dhanani (Patel) VS State of Gujarat - Gujarat, Pramod Moreshwar Tattu VS Sub-Divisional Officer, Baramati - Bombay
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Impact of Pendency on Property Transactions - The pendency of suits or notices can influence property dealings, but courts have held that registration of lis pendens is necessary to protect parties' rights and prevent fraudulent transfers. Failure to register or improper rejection can be challenged, and courts may direct the registration to ensure the pendency is duly noted, thereby safeguarding the interests of parties involved. Yogesh Goyanka S/o Shri Surechand VS Govind S/o Shri Kailash - Rajasthan, Binapani Halder VS Binoy Krishna Banik - Calcutta, YOGENDRASINH JAYENDRASINH JADEJA vs STATE OF GUJARAT & ORS. - Gujarat
Analysis and Conclusion: Rejection of lis pendens applications by Sub-Registrars often hinges on procedural compliance, registration of notices, and court orders. Courts generally favor registration to maintain transparency and uphold the rights of parties involved in ongoing litigation. When applications are wrongly rejected, courts tend to direct Sub-Registrars to register the notices or documents, provided procedural requirements are met. The key takeaway is that proper registration of lis pendens is vital during property disputes to prevent unauthorized transfers and to uphold legal rights, with judicial oversight ensuring compliance.
Search Results for "Lis Pendency Applicaton Rejected by Sub Registrar"
2018 0 Supreme(Bom) 1021 • India - Bombay
S.C.DHARMADHIKARI, BHARATI H.DANGRE
pendence notice - legal proceedings - Cognizance of the pendency of a suit or proceedings - Two writ petitions revolve around a ... common issue as to whether it is mandatory for State Government to record an entry of lis pendence in land record including 7/12 ... Officer recorded a finding that it is not permissible to effect a mutation entry on basis of lis pendence and observed that just ... In this case, the petitioner had registered the notice of lis pe....
2010 0 Supreme(Pat) 1338 • India - Patna
J.N.SINGH
Appeal stood disposed of, and directed the concerned Sub-Registrar to comply with the Collector's earlier order for registration. ... Final Decision: The writ applications were disposed of, quashing the order dated 5.10.2006 and directing the Sub-Registrar ... Ratio Decidendi: The court held that the order of the Collector had lost its force, and directed the Sub-Registrar to comply ... Therefore, the Collector had rightly rejected the objection of the respondent an....
2025 Supreme(Online)(Mad) 19169 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
The Court reiterates that mere pendency of a suit does not justify rejection of registration unless a competent court imposes a restraining ... Such an objection or pendency of the suit, cannot come in the way of the Sub-Registrar from entertaining the document and registering the same since the Sub-Registrar cannot go into the rival claims made by the parties. ... Aggrieved by the same, the petitioner filed an appeal before the first respondent and the first respondent, through the im....
2022 0 Supreme(Guj) 208 • India - Gujarat
BHARGAV D.KARIA
After the suit is registered, he himself got published notice of pendency of that suit - Based on such public notice, he made a request ... render any assistance in the circumstances of this case - very relief prayed for by the petitioner is misconceived and rightly rejected ... Therefore, it is observed that the, appellant--original plaintiff can be at the liberty to get the lis pendens registered with the concerned Sub-Registrar showing the pendency of the present proceedings. ... co....
2018 0 Supreme(Bom) 543 • India - Bombay
G.S.PATEL
of Court of Small Causes to represent estate of deceased licensee- This order was rejected by Trial Court in my view quite wrongly ... Court order are set aside- Suit is be maintainable – Court may note for completeness that in this case Plaintiff sought to join Registrar ... Causes Mumbai and all Courts governed by Maharashtra Rent Control legislation to all of which a copy of this order is to be sent by Registrar ... I may note for completeness that in this case the Plaintiff sought to join the Registrar of the Court o....
2023 0 Supreme(Bom) 1512 • India - Bombay
S. G. MEHARE
pendens notice was not registered with the Office of Sub-registrar. ... During the pendency of the suit, the suit premises were transferred multiple times. ... . - Preferring an appeal with delay condonation application is lis pendens - Registration of lis pendens notice under Section 18 ... The application was rejected on merit, and a possession warrant was issued against her. ... The said amendment mandates that lis pendens notice....
2010 0 Supreme(P&H) 213 • India - Punjab and Haryana
VINOD K.SHARMA
The trial court and the lower appellate court rejected the application for injunction. ... Injunction - Specific Performance of Agreement to Sell - The court rejected the application for injunction seeking to prevent ... property during the pendency of the suit for specific performance of agreement to sell. ... However, there is nothing on the file that the appellant came present in the office of Sub Registrar, Mohali on 25.12.2003. ... Rather it has been pleaded in P....
2022 0 Supreme(Raj) 179 • India - Rajasthan
SAMEER JAIN
first time gets frustrated and nullified on perusal of the fact that on face of sale deed under Section 39, a note of pendency of ... over to the petitioner and performa respondents at time of execution of sale deeds - Petitioner that he was never informed about pendency ... before learned trial court and immediately he filed an application under Order 1 Rule 10 CPC – Held, claim of the petitioner that ... The said application was duly replied by the opposite side and after consideration of the same, vide order impugned ....
2016 0 Supreme(Cal) 750 • India - Calcutta
ASHIS KUMAR CHAKRABORTY
respect of the suit property and a note of decree of declaration of the (Ga) schedule Kobala as fraudulent be sent to the concerned sub-Registrar ... SPECIFIC PERFORMANCE - DECREE - FRAUD - LIS PENDENS - SUIT FOR DECLARATION - SPECIFIC RELIEF ACT (47 OF 1963), S. 34 - TRANSFER ... Whether the suit is barred by the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882? 2. ... declaration of their title in respect of the (Ka) schedule suit property, decree for permanent injunction restraining Tara ....
2025 Supreme(Online)(Guj) 3769 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE, J
Facts of the case: ... The petitioner claims ownership of land based on a notarized sale agreement and sought recognition of lis ... The learned counsel submits that subsequently, the petitioner got lis-pendens of the pending Civil Suit registered with the Sub- Registrar OfÏce, Rajkot (Rural) vide registration No.3165 dated 05.05.2025 in respect of the subject land. ... He submits that the application of the petitioner has been rejected on an erroneous ground and it is also contrary t....
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