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Vishwaraj Hange   13 September 2021

lis pendens

Can i lease/rent my land with lis pendens


Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     13 September 2021

Hello, You cannot lease/rent land during lis pendens as per law. You are in litigation so you might have appointed an advocate so consult with him. As he is well aware of the case and the facts of the case so he is the best person to advise you.

minakshi bindhani   15 September 2021

As per your illustrated query

The law incorporated in section 52 is based on the doctrine of lis pendens. This means during the pendency of litigation, nothing new should be introduced. Under this doctrine, the principle is that during the pendency of any suit regarding the title of the property, any law interest in respect of that property should not be created.

However, as per your query during the pendency of the suit, the property transferred in any means of sale, exchange, lease and mortgage, the provision of lis pendens shall apply on it and the transfer would be subject to a decision of the court.

Hope it clarifies the issues!

Regards
Minakshi Bindhani

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