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Transfer of Property Act - Lis pendens - Notice Format/Draft
13-Feb-2023 (In Property Law)
Is there a specific format for the notice of Lis Pendens (for Maharashtra) ? If yes, where can I find a draft of it?
In order to send a notice for Lis pendency, it is necessary to know the details of the case because there is no specific format of Lis Pendens notice. The Lawyers draft is after knowing the facts of the case. Let me know if you want to send a notice regarding the same. Thanks!
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Adv. Priya Bhutada
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What is the notice of Lis pendens in India?
The rule of Lis Pendens, as set forth in Section 52 of the Transfer of Property Act, applies to all property transfers that are related to an ongoing suit or proceeding. This includes transfers by the parties to the suit and proceeding before the resolution of the suit. 09-Sept-2023
What is an example of a lis pendens case?
If, for example, buyer A and seller B enter into a contract to sell a house, and the seller decides that he will sell the home to buyer B, then buyer A can sue the seller in order to enforce the agreement. After filing a lawsuit the buyer can file a Lis Pendens, which makes it more difficult for the seller sell the home.
Can a property be sold during pendency of suit?
The party who sells his rights in a lawsuit loses that right. The only thing that Section 52 of Transfer Property Act states is that any transfer made while the case is pending is subject to the outcome of the litigation. 18-Jan-2022
What is the doctrine of lis pendens under section 52 of transfer of property act?
The rule of lispendens states that anyone who purchases property while an action is pending is bound by any judgment rendered against the person he acquired his title from (to the immovable properties, whose right is directly and explicitly in dispute in the suit or procedure).
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