Regarding notice of LIS PENDENCY
Adv.Vishal Anil Vyavahare
(Querist) 11 June 2015
This query is : Resolved
Respected sir,
My client filed a suit for declaration and injunction in cjjd court. Afterwards he registered a notice of lis pendency in the office of sub registrar.
Then he apply with revenue authority to take the mutation entry regarding lis pendancy in revenue record and extract of suit property. But third party along with defendant challenge that such mutation entry should not be registered as third party is not made party in suit.
So it is my question that whether registration of mutation entry to revenue record and extract of suit property can be challenged as it is mere notice about pending suit?
Please guide me on this issue. ..
Thanks and regards,
Vishal A. Vyavahare
Advocate
09371821992
DR.VEDULA GOPINATH
(Expert) 12 June 2015
dear learned colelague
YOU CAN GIVE NOTICE TO REVENUE AUTHORITIES AND CLEARLY STATE THAT THE MUTATION SHALL BE SUBJECT TO FINAL RESULT OF THE SUIT.
YOU CAN ALSO GIVE PUBLIC NOTICE IN THE PRESS OF THE FACTS OF SUIT PENDING IRRESPECTIVE OF MUTATION SINCE ANOTHER THIRD PARTY MAY BUY THIS PROPERTY.
DR VEDULA GOPINATH ADVOCATE/ARBITRATOR
Dr J C Vashista
(Expert) 12 June 2015
Dear Vishal,
There are various issues in your query, viz.,
a) filing of a declaratory suit and injunction; you are the counsel for plaintiff or defendant? what is sought to be declared? what for injunction is prayed?
b) what is the purpose of registration/ issuance of notice to the Sub-Registrar? whether there is apprehension of getting "some" document to be presented for registration? what is the document to be presented before SR?
C) What is the entry/event intended to be mutated in revenue record? Has the plaintiff (in suit)approached revenue authorities for sanctioning/registration of mutation?
d) Whatsoever, mutation can be challenged in the hierarchy of revenue authorities and not in Civil Court.
Rajendra K Goyal
(Expert) 12 June 2015
The mutation can be challenged with the higher revenue authorities.
Rasik Dagli
(Expert) 12 June 2015
Dear Sir,
Registration of LES PENDENS can be done when suit relates to any immovable property.
If one wants to register LIS PENDENS , he should obtain Certified Copy of suit or Injunction application on which court has passed Order.
This should be produced for Registration with a MEmo to SUB REGISTER.
He is bound to register the same. Any result of the suit will be subject to LES PENDENS.
After registration it is advisable to publish a Public Notice giving details of registration of LIS PENDENS.
RASIK DAGLI
