The Doctrine of Lis Pendens is a legal principle that aims to protect parties involved in a property dispute by ensuring that any transaction involving the property during the pendency of the lawsuit does not affect the rights of the parties involved in that suit. The term "Lis Pendens" means "a pending lawsuit."
Under Section 52 of the Transfer of Property Act, 1882, this doctrine holds that any transfer of property that occurs after a suit concerning that property has been filed is subject to the outcome of the suit. This means that if there is an ongoing legal dispute about ownership, possession, or any right related to the property, any subsequent sale or transfer of that property will be void against the person who has filed the suit, even if the transfer is made to a third party in good faith.
The primary effect of the Doctrine of Lis Pendens on property transactions is that it freezes the title of the property during the pendency of the litigation. Buyers or transferees who acquire property while a suit is pending must take notice of the ongoing dispute and are bound by its eventual decision. Consequently, they cannot claim ownership or rights superior to those of the plaintiff in the pending suit.
This doctrine serves several important purposes: it prevents buyers from acquiring property with hidden defects in title due to ongoing disputes; it discourages fraudulent transfers meant to evade the effect of litigation; and it promotes judicial economy by avoiding multiple conflicting claims over the same property.
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