Lis pendense
jeetendra patel
(Querist) 12 April 2012
This query is : Resolved
Dear colleagues,I am representing a defendant No.2 in a suit for specific performance and declaration. During the pendency of said suit in which lis pendense notice was registered in the office of Subregistrar, defendant 2 have purchased a suit property from defendant no. 1 (there is no order of injunction on the relevant day )I have following query.
consequences to be faced by the defendant no. 2?
If suit of plaintiff against defendant no 1 for specific performance fail then?
Pl. enlighten me on above points.
ajay sethi
(Expert) 12 April 2012
The doctrine of lis pendens, embodied in Section 52 of the Transfer of Property Act, 1882, effectively provides that during the pendency of a suit in which any right to immovable property in is question, the property cannot be transferred by any party to the suit so as to affect the rights of other parties.
since you have purchased property prior to registration of lis pendents notice you are bonafide purchaser of property as on that date no injunction was granted nor lis pendens notice regd
Adv.R.P.Chugh
(Expert) 12 April 2012
Dear Colleague,
Though you have said that there was no interim injunction order on date when your client D2 acquired the property, you've not made sufficiently clear whether lis pendens was notified to the sub-registrar. If it was, or D2 otherwise had knowledge (constructive or actual) as to pendency of litigation - he is not a bona fide purchaser - and has no right to be impleaded. His fate would depend on the result of litigation between D1 and P. If his predecessor in title D1 - wins - his title sustains otherwise it falls to the ground.
