Lis Pendens And The Dilemma Of Safeguarding The Interests Of The Bona Fide Purchasers
- IJLLR Journal
- Jun 24
- 1 min read
Rishabh Airi, LL.B. (Hons.), O.P. Jindal Global University, Sonipat, Haryana.
ABSTRACT
Though the doctrine of lis pendens intends to uphold the principles of equity, justice, and good conscience, its embodiment in its current form under Section 52 of the Transfer of Property Act, 1882, has been criticized for not having adequate safeguards for preventing mischief by unscrupulous parties that jeopardizes the ownership rights of bona fide purchasers. Hence, in this paper, we revisit this conundrum of protecting the interests of the bona fide purchasers, wherein upon thoroughly examining the gaps prevalent in the current legislation and reviewing the existing recommendations put forth in addressing this legislative gap, we conclude that legislative amendments be brought in to make purchasers aware of the potential uncertainties surrounding the title so that a balance be struck for protecting litigant rights, fostering trust in property transactions, and promoting a fair and efficient real estate market.
Keywords: Lis pendens, bona fide purchasers, legislative reforms, ownership rights.
