Lis Pendens during Partition Suit Appeal
12-Sep-2023 (In Property Law)
A partition suit was filed for lands in Survey# 11 to 20 (ancestral property)in 1980. Court judgement was given in 1990 & Decree in 1992. After this in 1993 an appeal was filed by one of the parties to the partition suit. In this appeal he asked for revision of the shares in S# 19 & 20. This appeal is still pending. I bought land in S# 12 in 1994. Is my purchase subject to lis pendens?
The meaning of lis pendens is - ‘a pending legal action’, wherein Lis means the ‘suit’ and Pendens means ‘continuing or pending’. The doctrine has been derived from a latin maxim “Ut pendent nihil innovetur” which means that during litigation nothing should be changed.
The principle embodying the said doctrine is that the subject matter of a suit should not be transferred to a third party during the pendency of the suit. In case of transfer of such immovable property, the transferee becomes bound by the result of the suit.
The doctrine of Lis Pendens esstentially aims at (i) avoiding endless litigation, (ii) protecting either party to the litigation against the act of the other, (iii) avoiding abuse of legal process.
Lis Pendens is captured under Section 52 of the Transfer of Property Act, 1882 (the “Act”). The Section essentially prohibits alienation of immovable property when a dispute relating to the same is pending in a competent court of law. It is based on the principle that the person purchasing an immovable property from the judgment debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree.[1]
No the property if is not relevant to the suit which is going does not fall under Lis Pendens doctrine
The principle embodying the said doctrine is that the subject matter of a suit should not be transferred to a third party during the pendency of the suit. In case of transfer of such immovable property, the transferee becomes bound by the result of the suit.
The doctrine of Lis Pendens esstentially aims at (i) avoiding endless litigation, (ii) protecting either party to the litigation against the act of the other, (iii) avoiding abuse of legal process.
Lis Pendens is captured under Section 52 of the Transfer of Property Act, 1882 (the “Act”). The Section essentially prohibits alienation of immovable property when a dispute relating to the same is pending in a competent court of law. It is based on the principle that the person purchasing an immovable property from the judgment debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree.[1]
No the property if is not relevant to the suit which is going does not fall under Lis Pendens doctrine
An appeal, in a civil suit does not automatically operate as a stay on the judgement of the lower court. If a seperate stay has been obtained on the lower court judgement, then your purchase is definitely lis pendens.
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