What is doctrine of lis pendens
Querist :
Anonymous
(Querist) 11 November 2011
This query is : Resolved
if before compeletion of sale s suit is pending and suit decreed agaist vendor such sale is valid or invalid.untill what time this doctrine apply.
ajay sethi
(Expert) 11 November 2011
'Lis Pendens' generally means "pendency of a suit in a Court".
It embodies the principle that 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.
Querist :
Anonymous
(Querist) 11 November 2011
cud u pls lil elaborate more how its connected with registration of immovable preperty.
ajay sethi
(Expert) 11 November 2011
sale is invalid
ajay sethi
(Expert) 11 November 2011
In a recent decision, Har Narain v. Mam Chand (Civil Appeal Np. 995-996/2003, judgment dated October 8, 2010), the Supreme Court has discussed and reviewed the law relating to the doctrine of lis pendens. The essential facts were that the first respondent was the owner of certain property (land) which he mortgaged to the appellant. Subsequently, the first respondent executed a sale deed purporting to transfer the property to certain bona fide purchasers for consideration. After the execution of the sale deed but before the registration of the same, the appellant filed a suit seeking to restrain the first respondent from alienating the property. In other words, the sequence of events was such, that on the date of filing of the suit, a sale deed had been executed but had not been registered. The registration was completed subsequently. The case of the appellant was that as the registration was subsequent to the filing of the suit, the sale was affected by lis pendens.
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. The contention of the appellant was that the transfer took place on the date of registration (the document being compulsorily registrable); and accordingly, the doctrine of lis pendens applied. The trial court found that although registration was subsequent to the filing of the suit, the execution of the sale deed was prior to filing; and accordingly, the doctrine of lis pendens would not be applicable. It found that under Section 47 of the Registration Act, 1908, registration dates back to the date of execution. Accordingly, the trial court found that the sale in favour of bona fide purchasers for consideration would be protected; as after the registration, the same would be deemed to have been effected on the date of the execution of the sale deed itself. The judgment of the trail court was affirmed on first appeal, and also on second appeal. The Supreme Court allowed the appeal, and held that the doctrine of relating back had no application in the facts of the case. Accordingly, the transfer was hit by lis Pendens. The Court observed:
“A similar issue though in a case of right of pre-emption was considered by the Constitution Bench of this Court in Ram Saran Lall & Ors. v. Mst. Domini Kuer & Ors., AIR 1961 SC 1747, by the majority of 3:2, the Court came to the conclusion that as the mere execution of the sale deed could not make the same effective and registration thereof was necessary, it was of no consequence unless the registration was made. Thus, in spite of the fact that the Act, 1908, could relate back to the date of execution in view of provisions of Section 47 of the [Registration] Act, 1908, the sale could not be given effect to prior to registration. However, as the sale was not complete until the registration of instrument of sale is complete, it was not completed prior to the date of its registration
Querist :
Anonymous
(Querist) 11 November 2011
thanks mr sethi ji
Rajeev Kumar
(Expert) 11 November 2011
I agreed with Mr.Sethi. He has given enormous time and explained well your query
Nadeem Qureshi
(Expert) 11 November 2011
Lis pendens is Latin for "suit pending."[1] This may refer to any pending lawsuit or to a specific situation with a public notice of litigation that has been recorded in the same location where the title of real property has been recorded. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should the plaintiff prevail in its case. In some jurisdictions, when the notice is properly recorded, lis pendens is considered constructive notice to the other litigants or other unrecorded or subordinate lienholders. The term is sometimes abbreviated as "lis pend".
In current practice, a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. Recording a lis pendens against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. After the notice is filed, anyone who nevertheless purchases the land or property described in the notice takes subject to the ultimate decision of the lawsuit.
Devajyoti Barman
(Expert) 14 November 2011
In lis pendens the sale is not invalid. only the buyer becomes bound by the decree of the pending suit.
prabhakar singh
(Expert) 14 November 2011
he who preaches should hopefully not break his own norm.
'mum mum mum' i am here.
read my earlier answer.
