The Doctrine of
lis pendens
states that no fixed property may be transferred when a lawsuit relating to it is pending.
It is an essential doctrine which prevents Transfer of the title of any disputed property without the Court’s consent.
If you need any legal assistance to scrutinise property documents, just fill your details here and NoBroker expert lawyers will connect with youConditions for Applicability of the Doctrine as provided in Section 52 with lis pendens example:
A suit or proceeding is pending on the property.
The above suit is brought to a competent court within the jurisdiction.
The right to the title of an immovable property is directly in question.
There cannot be any collusion.
The suit should directly affect the rights of the other party.
The property in question is being transferred by either party.
Some examples for Non-Applicability:
lis pendens rules do
not apply:
To a private sale by a creditor who holds the right to dispose of the property that is mortgaged to it even when the borrower has a redemption suit pending.
When the property is not described correctly, making it unidentifiable.
In a maintenance suit, where the property is mentioned only so that maintenance payments can be determined transparently.
When a right to the said immovable property is not directly in question and alienations are thereby permitted.
When a Court orders restoration of immovable property under the Civil Procedure Code, Order 21, Rule 63.
I hope this brings more clarity to you about the Doctrine of lis pendens.
Read more:
What is marshalling by subsequent purchaser
What is spes successionis
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What are the doctrine of lis pendens rules?
Punit
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2022-08-26T10:48:55+00:00 2022-08-26T11:22:08+00:00Comment
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