Transfer of Property Act_Lis Pendens

Lis-Pendens

1. The provisions relating to Lis-Pendens has been enumerated under Section 52 of the Transfer of Property Act, 1882
2. Lis-Pendens means pending litigation. It means ‘during pendency of any suit regarding title of a property, any new interest in respect of that property should not be created. 
3. The doctrine of Lis Pendens is expressed in the well-known maxim; pendente lite nihil innovetur.
4. The doctrine of Lis-Pendenes effectively provides that during the pendency of a suit in which any right to immovable property in is question, the property cannot be transferred by any party to the suit. The aim of this doctrine is to protect the rights of other parties.
5. Lis Pendens is considered as a constructive notice of the pending lawsuit. 
6. Essentials of Lis-Pendenes – 
• A suit or proceeding relating to the immovable property must be pending in a Competent Court having the authority within such territorial jurisdiction as provided by the law 
• The immovable property cannot be transferred or dealt with by any party to the suit or proceeding to affect the rights of other party. 
• The suit or proceeding must not be of collusive nature. The term collusive means as a result of secret agreement for illegal purpose. In other words, the litigation must be bona fide litigation. 
• The suit or proceeding must be pending in the Indian Court. 
• The dispute must be in connection with the right or right arising from an immovable property. 
7. Effect of Lis-Pendenes -  When the suit or proceeding is pending in the competent court relating to immovable property and if such property is transferred, then such transfer will be treated as “void”. 
8. Exception - It is open to court to permit any party to the suit to transfer the property to on terms which it may think fit to impose