Explain the doctrine of Lis Pendens under the Transfer of Property Act, 1882.
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2024
Explain the doctrine of Lis Pendens under the Transfer of Property Act, 1882.
Answer & Explanation:
Doctrine of Lis Pendens Lis means dispute, Lis pendens means a pending suit, action, petition or the like. Section 52 of the Transfer of Property Act, 1882 incorporates the doctrine of Lis pendens. It states that during the pendency of a suit in a Court of Law, property which is subject to a litigation cannot be transferred. When we say that property cannot be transferred what we mean in this context is that property may be transferred but this transfer is subject to the rights that are created by a Court's decree. For example, 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'.
Topics: Commercial Laws
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