What is meant by the doctrine of "Lis-Pendens" under Transfer of Property Act, 1882. Discuss its essential elements.

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. 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'. Essential elements In order 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 right to immoveable property is directly and specifically in question. There must be 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 pauperies 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.