“‘LIS PENDENS’ IMPLICATIONS AND IT’S EXCEPTIONS IN CONTEMPORARY LEGAL STRUCTURE – A CRITICAL ANALYSIS”

AUTHORS – SWETHA A* & R. PREETHI**, LLM SCHOLAR* & FACULTY OF LAW**, DEPARTMENT OF PROPERTY LAW, SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI

BEST CITATION – SWETHA A & R. PREETHI, “‘LIS PENDENS’ IMPLICATIONS AND IT’S EXCEPTIONS IN CONTEMPORARY LEGAL STRUCTURE – A CRITICAL ANALYSIS”, ILE PROPERTY AND LAND LAW REVIEW (ILE PLLR), 2 (1) of 2024, Pg. 16-21, APIS – 3920 – 0048 | ISSN – 2584-1998

ABSTRACT

The doctrine of Lis pendens finds its place in Section 52 of Transfer of Property Act,1882, which provides that if there is any transfer of any immovable property pending litigation, the same shall not affect the rights of the parties in respect to the immovable property. Section 52 of TOPA does not declare a transfer by a party during the pending litigation to the suit as void or illegal, but only makes the purchaser, who has purchased the subject property bound by the decision in the pending litigation. The principle under Section 52 of TOPA is that if during the pendency of any suit in a court, in which any right of an immovable property is directly and specifically in question, such property cannot be alienated by any party to the suit to affect the rights of any other party to the suit under any decree that may be made in such suit. If ultimately the title of the pendente lite transferor is upheld regarding the alienated property, the transferee’s title will not be affected. But if the title of the pendente lite transferor is not recognized or accepted by the court, then the transferee shall acquire no rights at all. There are various rulings and judgements made by the courts and the concept evolved gradually in Indian legal system in civil related property dispute redressal. This study discusses about implication and exceptions of this Doctrine in contemporary legal structure in India.

KEYWORDS: Lis pendens, Immovable property, Pending litigation, Prndente Lite