AI Overview...
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Lis Pendens Doctrine - The rule under Section 52 of the Transfer of Property Act, 1882, prohibits transfer or sale of a property pending litigation concerning that property. Any transfer during the pendency is generally invalid unless authorized by the court or with its leave. Several sources emphasize that properties under lis pendens cannot be transferred to third parties without court approval, and such transfers are subject to being set aside or invalidated BHARATHA MATHA VS R. VIJAYA RENGANATHAN - Uttarakhand, Avinash Chander VS Hazura Singh - Punjab and Haryana, Prasanta Maji VS Sukhbindar Singh - Calcutta, Prasanta Maji VS Sukhbindar Singh - Calcutta, University of Calcutta VS Chakradhar Lal Agarwala - Calcutta, Prem Chand Garg VS Haryana State Industrial Development Corporation Ltd. - Punjab and Haryana.
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Effect on Purchasers - Bona fide purchasers who acquire property during ongoing litigation are typically not protected under the principle of lis pendens. Courts have held that such purchasers cannot claim good title if the transfer occurred during the pendency of the suit, and their claim may be negated if the property was transferred without court permission Prem Chand Garg VS Haryana State Industrial Development Corporation Ltd. - Punjab and Haryana, University of Calcutta VS Chakradhar Lal Agarwala - Calcutta.
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Property from Lis Pendis - In property disputes, the courts generally restrain the transfer or sale of the disputed property until the suit is resolved. The doctrine aims to preserve the status quo and prevent alienation that could prejudice the rights of parties involved in litigation BELTAS MERCHANTS PRIVATE LIMITED VS INDIAN FIBRES LIMITED - Calcutta, Prasanta Maji VS Sukhbindar Singh - Current Civil Cases.
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Specific Cases and Insights - Several rulings clarify that even if a property is purchased in lis pendis, such sale can be challenged or set aside if it violates the doctrine. The courts also recognize that the sale of properties not directly affected by the lis pendens or where proper notice was not given may not be impeded by Section 52. Additionally, inheritance claims of children born of void or voidable marriages are generally barred from ancestral coparcenary property, impacting property inheritance rights BHARATHA MATHA VS R. VIJAYA RENGANATHAN - Uttarakhand, Bharatha Matha VS R. Vijaya Renganathan - Supreme Court.
Analysis and Conclusion:
The doctrine of lis pendens serves as a safeguard to prevent alienation of property during ongoing litigation, ensuring that disputes are resolved without interference from third-party transfers. Purchasers during litigation do so at their own risk, as courts typically do not recognize their claims unless explicitly authorized. Property from lis pendens remains under the court's control until the dispute is settled, emphasizing the importance of court approval for transfers during litigation. These principles uphold the integrity of judicial proceedings and protect the rights of parties involved in property disputes.
Search Results for "Property from Lis Pendis"
2010 0 Supreme(UK) 295 • India - Uttarakhand
SWATANTER KUMAR, B.S.CHAUHAN
Succession Act, 1956, Sec. 8 — A child born of void or voidable marriage is not entitled to claim inheritance in ancestral coparcenery property ... However, it shall be open to R. 5 to resort to legal proceedings, permissible in law for recovery of the sale consideration from his vendors as he has purchased the property in lis pendis and the appellants are still in possession of the suit property. ... More so, even if live-in-relationship is admitted and it is further admitted that the two children wer....
2010 4 Supreme 433 • India - Supreme Court
SWATANTER KUMAR, B.S.CHAUHAN
... 5.The respondent No. 1, Vijaya Renganathan, purchased the suit property ... 1955 – Sections 5 and 16 – A child born of void or voidable marriage is not entitled to claim inheritance in ancestral coparcenery property ... ... 30.However, it shall be open to R.5 to resort to legal proceedings, permissible in law for recovery of the sale consideration from his vendors as he has purchased the property in lis pendis and the appellants are still in possession of the ... suit property. ......
2001 0 Supreme(P&H) 71 • India - Punjab and Haryana
M.M.KUMAR
The court also ruled that the property sold to a respondent was not affected by the principles of lis pendis. ... not affected by lis pendis. ... disputes related to a sale not affected by lis pendis. ... sale of plot was not hit by the principles of lis pendis postulated by Section 52 of the Transfer of Property Act, 1894. ... She further points out that there was no notice and the same is not hit by the principles of lis....
2019 0 Supreme(Cal) 208 • India - Calcutta
I.P.MUKERJI
The subject matter of the dispute was the Jaipur property. ... In 2013, SEARS sold the property to Adarsh Bilt Estate Ltd. ... In 2007, the company entered into an agreement to sell the property to Upasana and Kajaria. ... Therefore, on the ground of lis pendis the change in hands of the property in favour of SEARS or Adarsh was invalid. ... 32. Furthermore, Mr. ... The document of lis pendis is based on justice, equity and good conscious. The purcha....
2023 0 Supreme(Del) 164 • India - Delhi
NEENA BANSAL KRISHNA
Section 53A, 52 - Specific Relief Act, 1963 - Section 19, 22, (1), (2) - Decree for Specific Performance - Agreement to Sell - Property ... Doctrine of Lis Pendis under Section 52 of the Transfer of Property Act, 1882: 26. ... The Objectors have claimed that the doctrine of lis pendis is not applicable to them since they derive their title, not from the JD, but from Ms.Kamlesh Gupta, who was not a party to the suit. 27. ... property, has the right to be impleaded as party, in the nega....
• India - Current Civil Cases
I.P.MUKERJI, SUBHENDU SAMANTA
(Paras 14 and 19) (B) Transfer of Property Act, 1882 – Section 52 – Doctrine of Lis Pendens – Property under ... irretrievable injury would result, if it was not granted – Plaintiff seeking restraint order on defendant from making construction on a property ... rule of lis pendens in Section 52 of Transfer of Property Act, 1882 cannot be transferred to a third party except with leave of ... The property under the rule of lis pendis in Section 52 of the Transfer of Pro....
2022 0 Supreme(Cal) 464 • India - Calcutta
I. P. MUKERJI, SUBHENDU SAMANTA
The respondents disputed the appellants' claim to the property, alleging that the property originally belonged to others and had ... respondents from making construction on the disputed property until the preliminary decree is pronounced. ... The court also considered the requirements for proving title and possession in a property dispute. ... The property under the rule of lis pendis in Section 52 of the Transfer of Property Act, 1882 cannot be transferred to a third....
2022 0 Supreme(Cal) 468 • India - Calcutta
I. P. MUKERJI, SUBHENDU SAMANTA
Injunction - Property Dispute - Transfer of Property Act, 1882 - Section 52 - Morgan Stanley Mutual Fund vs. ... The property under the rule of lis pendis in Section 52 of the Transfer of Property Act, 1882 cannot be transferred to a third party except with the leave of the court and on the terms and conditions imposed by it. 12. ... The respondents say that the Beras have transferred the property in favour of the first respondent who along with the other respondents to whom he has transferred part of t....
• India - Calcutta
I.P.MUKERJI
Fact of the Case: An alleged purchaser sought to be added as a party in a property dispute suit involving a property ... the transfer of the property during the pendency of the suit. ... Purchaser Pendente Lite - Property Dispute - The court allowed the application of an alleged purchaser to be added as a party ... Section 52 of the Transfer of Property Act clearly prohibited transfer of the property under dispute in a suit, by a party. Any person receiving the property on such trans....
2006 0 Supreme(P&H) 655 • India - Punjab and Haryana
HEMANT GUPTA
Principle of lis-pendis - Plea of bonafide purchaser is not available when property is purchased during the pendency of the litigation ... - Plea of bonafide purchaser is not available when property is purchased during the pendency of the litigation ... Transfer of Property Act, 1882 - Section 52 - Principle of lis-pendense ... The petitioner has pleaded that he is approaching the Gurgaon Court in view of the fact that the property is situated at Gurgaon. In fact, the execution of the....
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