Validity of gift deed made after the property is in the court case

if a person file case on property and registered in a court after 2 days that property is make gift deed to other before they get summons from court. that gift deed valuable or not.

Answers (3)

326 votes

Any transaction during period of a litigation namely lis is subject to final result of the litigation
When does a litigation finally ends or terminates?
First in trail court then first appeal followed by second appeal if not SLP before the Supreme Court
This may consume more than one or two decades
Till then no worry
But what is done seems to be to overcome the litigation and to deprive somebody who is legally entitled to it

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123 votes

Dear Sir,
It is an intellectual act. Before receiving the court summons if gift deed then it does not hit by Dctrine of lis pendens.

Section 52 in The Transfer of Property Act, 1882
52. Transfer of property pending suit relating thereto.—During the 1[pendency] in any Court having authority 2[3[within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by 4[the Central Government] 5[* * *] of 6[any] suit or proceedings which is not collusive and in which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. 7[Explanation.—For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.]

The Supreme Court in a three Judge Bench in Dev Raj Dogra and others v. Gyan Chand Jain and others[2] construed the meaning of Section 52 of the Transfer of Property Act and laid down following conditions:

A suit or a proceeding in which any right to immovable property is directly and specifically in question must be pending;
The suit or proceeding should be pending in a Court of competent jurisdiction;
The suit or the proceeding should not be a collusive one;
Litigation must be one in which right to immovable property is directly and specifically in question;
Any transfer of such immovable property or any dealing with such property during the pendency of the suit is prohibited except under the authority of Court, if such transfer or otherwise dealing with the property by any party to the suit or proceeding affects the right of any other party to the suit or proceeding under any order or decree which may be passed in the said suit or proceeding.
Non – Applicability of Doctrine of Lis Pendens

Lis Pendens is not applicable in every case. There are certain instances wherein this doctrine does not apply[3]:

A sale made by the mortgagee in the exercise of the power as conferred by the mortgage deed.
In matters of review;
In cases where the transferor is the only party affected;
In cases of friendly suits;
In cases where the proceedings are collusive;
In case of suits involving pending transfers by a person who is not a party to the suit;
In cases where the property has not been properly described in the plaint;
In cases where the subject matter of rights concerned in the suit and that which are alienated by transfer are different.

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Dear Team,

Any transaction during the pendency of a suit is not binding on the plaintiff, to be more accurate on the fact we have to ascertain the title of the doner if the title of the doner is defective the plaintiff who has filed the case will have the merit to challenge the same. Also the fact of execution of gift deed and the doner has to impleaded in the civil case by way of amendment to the pleadings.

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