AI Overview...
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Transfer of Property During Pendency of Suit - Section 52 of the Transfer of Property Act, 1882, stipulates that a transfer of immovable property during the pendency of a suit is generally subject to the outcome of that suit. The doctrine of Lis Pendens applies, meaning such transfers are bound by the pending litigation's result, and subsequent transferees may be affected RAVINDER KUMAR KHANNA VS PREM PARKASH KHANNA - Delhi, RAM DHANI VS DISTRICT JUDGE, GORAKHPUR - Allahabad.
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Validity of Transfers During Litigation - Transfers made during the pendency of a suit, especially through registered sale deeds, are recognized but are subject to the final judgment. If the court declares the transfer invalid or the property is subject to litigation, subsequent transferees may be bound by the court's decision SHAMSUDDIN VS HEMRAJ PANDEY - Allahabad, Om Sai Nirman Private Limited VS Surya Nagar Cooperative Housing Society Limited - Allahabad.
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Transferee Pendente Lite - A transferee during the pendency of a suit is generally bound by the court's decree, especially if the transfer occurred after the institution of the suit. However, the law does not prohibit transfers during litigation; such transfers are valid but may be subject to the outcome of the suit CHANDRAWATI DEVI VS DIRECTOR OF CONSOLIDATION SIDDHARTHNAGAR - Allahabad, RAM DHANI VS DISTRICT JUDGE, GORAKHPUR - Allahabad.
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Impact of Transfers on Suit Proceedings - Transfers made during the pendency of a suit can complicate proceedings, but courts have held that such transfers do not automatically invalidate the suit. The court considers whether the transfer affects the subject matter or the rights of parties involved Rajendra Antharam Tijoriwala and Gujrathi VS Takhatmal Shrivallabh Charitable Trust - Bombay, PARMAR CHIMANBHAI PARSHOTTAMBHAI VS PARMAR KESHAVBHAI BHUPATBHAI - Gujarat.
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Special Cases and Exceptions - In specific contexts like eviction or recovery suits, transfers during pendency can be scrutinized, especially if made with fraudulent intent or to defeat rights of other parties. Courts may set aside such transfers if they are found to be collusive or intended to prejudice the suit Kamla Prasad VS Kusum Rani - Allahabad, Arvindbhai Maganlal Master VS State of Gujarat - Gujarat.
Analysis and Conclusion:
Transfers of property during the pendency of civil suits are generally permissible under the Transfer of Property Act, 1882, but are subject to the doctrine of Lis Pendens and the final judgment. Registered transfers made during litigation are valid but may be overridden if the court finds them collusive or prejudicial to the suit's outcome. Courts emphasize that such transfers do not automatically nullify the suit but can influence proceedings and final decisions. Therefore, while property can be transferred during a suit, the transfer's validity and effect depend on the timing, intent, and court's rulings RAVINDER KUMAR KHANNA VS PREM PARKASH KHANNA - Delhi, RAM DHANI VS DISTRICT JUDGE, GORAKHPUR - Allahabad, Rajendra Antharam Tijoriwala and Gujrathi VS Takhatmal Shrivallabh Charitable Trust - Bombay.
References:
- RAVINDER KUMAR KHANNA VS PREM PARKASH KHANNA - Delhi
- SHAMSUDDIN VS HEMRAJ PANDEY - Allahabad
- RAM DHANI VS DISTRICT JUDGE, GORAKHPUR - Allahabad
- Om Sai Nirman Private Limited VS Surya Nagar Cooperative Housing Society Limited - Allahabad
- CHANDRAWATI DEVI VS DIRECTOR OF CONSOLIDATION SIDDHARTHNAGAR - Allahabad
- Rajendra Antharam Tijoriwala and Gujrathi VS Takhatmal Shrivallabh Charitable Trust - Bombay
- PARMAR CHIMANBHAI PARSHOTTAMBHAI VS PARMAR KESHAVBHAI BHUPATBHAI - Gujarat
- Arvindbhai Maganlal Master VS State of Gujarat - Gujarat
- Kamla Prasad VS Kusum Rani - Allahabad
Search Results for "Pendency of Civil Suit Property can be Transferred"
2014 0 Supreme(Bom) 2296 • India - Bombay
Z.A.HAQ
The suit property was later transferred to a charitable trust, which filed a small cause suit for possession. ... period for filing the small cause civil suit. ... The landlord sought permission to terminate the tenancy, issued a notice, and filed a civil suit. ... During the pendency of the civil suit, the suit property was transferred to Takh....
2017 0 Supreme(Del) 976 • India - Delhi
RAJIV SAHAI ENDLAW
during pendency of which property has been transferred. ... (A) Transfer of Property Act, 1882 – Section 52 – Doctrine of Lis Pendens – Transfer of property during pendency of suit cannot be ... , rely on principles of lis pendens for treating gift of property of plaintiff’s share to be inoperative qua that suit – Plaintiff ... It is only the Court in which the suit during the pendency of which the proper....
2006 0 Supreme(All) 564 • India - Allahabad
UMESHWAR PANDEY
During the pendency of the suit, it was disclosed that the property had been transferred through a registered sale deed. ... Fact of the Case: A suit for declaration of title and restoration of possession was filed before the regular Civil ... regular Civil Court and not the Small Causes Court. ... During the pendency of the suit, on filing of the written statement by the defendant, it was disclosed that the property#HL_....
2021 0 Supreme(Guj) 622 • India - Gujarat
B.N.KARIA
in Regular Civil Suit vide order Meanwhile, respondent sold disputed property to respondent by way of registered sale deed - Petitioner ... Civil Appeal below or order passed by learned Additional Senior Civil Judge below in Special Civil Suit are not warranted to be interfered ... was threatened by respondent and another suit was filed by plaintiff being Special Civil Suit because of new cause of action for ......
2014 0 Supreme(Guj) 210 • India - Gujarat
J.B.PARDIWALA
that it was not possible to execute the sale deed as the tenants were not ready and willing to part with the possession of the property ... the court should carefully examine the facts before it for the reason that a frustrated litigant who failed to succeed before a civil ... Gondalia submitted that the first informant has deliberately suppressed an important fact in the FIR that he had also prayed for an injunction before the civil Court to restrain the owners of the property from transferring the property#HL....
2018 0 Supreme(Bom) 1479 • India - Bombay
Z.A.HAQ
Suit for recovery of its dues civil suit was decreed by judgment judgment and decree passed in Special Civil Suit was not challenged ... suit filed by plaintiff is not maintainable, is set aside and the matter is remanded to the trial Court for decision of civil suit ... Civil Application Debts Recovery Tribunal, for issuance of recovery certificate – Held, Court to entertain civil suit well estab....
2011 0 Supreme(All) 475 • India - Allahabad
RAKESH TIWARI
Eviction - Property Dispute - U.P. ... Fact of the Case: The case involved a dispute over the eviction of the petitioner from a shop in a property. ... The respondent claimed ownership and sought eviction, while the petitioner contested based on the disputed title of the property. ... Obaidullah, respondent IInd set, during pendency of the aforesaid suit, transferred the property in question in favour of respondent, Ist set by means of a registered sale-deed dated 2....
2019 0 Supreme(All) 1213 • India - Allahabad
JAYANT BANERJI
filed for specific performance of agreement to sell defendant transferred her share in the property in dispute by means of a registered ... for specific performance of agreement to sell defendant transferred her share in the property in dispute by means of a registered ... Transfer of Property Act, Section 52 – Appellant is a subsequent purchaser of the property in dispute was ... Harbheji transferred her share in the property in dispute by means of a registered sale-....
2007 0 Supreme(All) 2078 • India - Allahabad
KRISHNA MURARI
Fact of the Case: The petitioner, a transferee pendente lite, filed a recall application after purchasing land during the pendency ... The aforesaid law was laid down in the backdrop of the facts where during the pendency of a civil suit relating to an immovable property the same was transferred by the defendants and the said suit was decreed ex-parte against the defendants. ... to the property. ... Golcha Property Ltd. , 1970 (3) ....
2013 0 Supreme(All) 173 • India - Allahabad
S.U.KHAN
in respect of some property is filed, said property cannot be transferred—Transferee pendente lite will be bound by judgment in ... of—In term of Section 52 a transferee during pendency of litigation is bound by decree—But, no prohibition that the moment a suit ... suit is itself a sufficient ground for allowing impleadment—Impugned orders set aside. ... In the aforesaid Section there is no prohibition that the moment a suit in respect of some property#HL_EN....
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