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Before judgement came in my favour party transferred property to son


21-Sep-2023 (In Property Law)
Hi sir, Party has made a sale dead with me for 10L and got 3 L from me and now party is not willing to transfer through property to my name. Later a court case is applied on that and judgement is in favour of my name. With in this mean time of judgement party has transferred the property to his son name. is this possible. My sale is a registered one and it is available in encumbrance certificate also.
Answers (2)

Answer #1
555 votes
'Lis Pendens' means "pendency of a suit in a Court".
The subject matter of the suit should not be transferred to third party during the pendency of the suit.
The transferee is bound by the result of the suit in a case when such such property is transferred during the pendency of the suit.
The doctrine is contained in Section 52 of the Transfer of Property Act.

If any transfer during the pendancy of the case, that sale will become invalid.

Answer #2
795 votes
During the pending of a case before any civil court and during the period of you obtaining an order in your favour any transfer made by the seller is not valid. The transfer is made in Lis-pendens and you may take necessary legal action, insisting the registering authority for cancelling the transfer.

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