The Concept Of Lis Pendens And Its Relevance In Modern Property Disputes
- IJLLR Journal
- 2 hours ago
- 2 min read
Mr. Vasu Agarwal, LLB (Hons.), OP Jindal Global University
1. Introduction
Lis pendens falls under the doctrine laid down under Section 52 of the Transfer of Property Act, 1882, and has been considered the basic principle of property law whenever disputes in any form are taken into consideration. These two Latin words "lis pendens" literally mean pending litigation, and refer to a rule once the litigation over a property has commenced, there will be a restriction on any form of transfer of such property. The doctrine thus strives to maintain the status quo in order to avoid conflicts of claims by restricting transactions relative to the property in dispute, pending legal actions against it. This essay intends to discuss the applicability and role of lis pendens in modern-day property disputes in relation to the issues it has been used for, the legal requirements concerned, and its effect upon third parties and possible buyers. It seeks, in carrying out such a task, to assess how the doctrine continues to afford protection to the rights of the litigants in respect of the multidimensionality of the problems attendant on modern-day property transactions.
2. Definition of Lis Pendens
Lis pendens is one of the legal principles that prevent properties from being transferred while litigation is pending in order to protect the subject matter of a claim for fair litigation. The very term already, which translates as "pending litigation," shows that the right of property is not settled until the court has ended the case.
This doctrine bars alienation by a third party in disputed property with a view to protecting the rights of the litigants, so that the judgment passed will not be rendered infectious. The statutory underpinning of lis pendens in India is in the Transfer of Property Act, 1882; it bars the transfer of property under litigation without court consent. The essential requirements to apply the doctrine of lis pendens are that there should be a pending suit relating to the right in some specific immovable property; that the suit must be pending in a court; and the transfer is done after the institution of the suit but without the permission of the court. Major relevant cases, such as Jayaram Mudaliar v. Ayyaswamy and Nagubai Ammal v. B. Shama Rao, elaborate on all the essentials of the doctrine to intimate its applicability for maintaining a property dispute and preventing multiple claims of ownership over it.
