A and B are litigating in a Court of law over property X and during the pendency of the suit, A transfers the property X to C. The suit ends in B's favour. Decide whether C can claim property from B. Give reasons for you

The case is related to the doctrine of Lis pendens [Section 52 of the Transfer of Property Act, 1882(T.P. Act)] . Lis means dispute, Lis pendens means a pending suit, action, petition, or the like. Section 52 of the T.P. Act incorporates the doctrine of Lis pendens. It states that during the pendency of a suit in a Court of Law, property that is subject to litigation cannot be transferred. Essential requirements: To constitute a Lis pendens, the following elements must be present- There must be a suit or proceeding in a court of competent jurisdiction. The suit or proceeding must not be collusive. The litigation must be one in which the right to immovable property is directly and specifically in question. There must be a transfer of or otherwise dealing with the property in dispute by any party to the litigation. Such transfer must effect the rights of the other party that may ultimately accrue under the terms of the decree or order. The rule is based on the doctrine of expediency i.e., the necessity for final adjudication. A plea of lis pendens will be allowed to be raised even though the point is not taken in the pleadings or raised as an issue. When an application to sue in forma pauperis is admitted, the suit is pending from the time of presentation of the application to the Court but not if it is rejected. A suit in foreign Court cannot operate as lis pendens. The doctrine of lis pendens does not apply to moveables. It is the essence of the rule that a right to immoveable property is directly and specifically in question in the suit. The doctrine is not applicable in favour of a third-party. Effect If the parties to the litigation, are completely prevented from transferring the property in litigation, it would cause unnecessary delay and hardship, as they would have to wait till the final disposal of the case. So, Section 53 creates a limitation over the transfer by making it subject to the result of the litigation. The effect of this doctrine is not to invalidate or avoid the transfer, or to prevent the vesting of title in the transfer, but to make it subject to the decision of the case, and the rule would operate even if the transferee pendente lite had no notice of the pending suit or proceeding at the time of the transfer. In the given situation, A and B are litigating in a Court of law over property X and during the pendency of the suit A transfers the property X to C. The suit ends in B's favour. Here C who obtained the property during the time of litigation cannot claim the property. He is bound by the decree of the Court wherein B has been given the property. Section 52 lays down the Indian rule of Lis pendens being the legislative expression of the Maxim- "ut lite pendente nihil innovetur" 'During litigation nothing new should be introduced'.