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A Critical Analysis Of The Doctrine Of Lis Pendens




Angel Lizbeth K W, B.A. LLB (Hons.), National University of Advanced Legal Studies (NUALS), Kochi, Kerala


ABSTRACT


This project provides an in-depth analysis of the doctrine of lis pendens that is embodied in Section 52 of the Transfer of Property Act, 1882. It provides insight into its historical development in the common law courts of England and its establishment in the Indian subcontinent. The paper also lays down the essential ingredients that are necessary for seeking the application of this doctrine along with supporting caselaws.


The project goes on to examine the major exceptions to the doctrine and evaluates its practical implications in property transactions. Particular attention is also given to the loopholes in the existing legal framework and also the relevance of this doctrine in light of evolving real estate practices and technological advancements. The project concludes by giving suggestions to improve the current framework and to fill the loopholes for a robust and coherent application of this doctrine.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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