Our Recommendations :-
Follow CA Final FB Page

doctrine of lis pendens

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Uma asked about 3 years ago

    0       0 Answer Now Comment Report
8 Answers
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Ashika answered over 2 years ago

Doctrine of Lis Pendens ‘Lis’ means an action or a suit. ‘Pendens’ is the present principle of Pendo, meaning continuing or pending, and the doctrine of lis pendens may be defined as the jurisdiction, power, or control that courts have, during the pendency of an action over the property involved therein Basis of the Doctrine •The section incorporates the well-known doctrine of lis pendens which, to quote Turner, L.J., rests on the foundation. “That it would plainly be impossible that any action or suit could be brought to a successful termination, if alienations, pendente lite were permitted to prevail.”The doctrine of restitution which the section incorporates is based on the principle that the acts of the courts should not be allowed to work injury on the suitors.[8] The principle contained in this section is based on the English common law maxim ut lite pendente nihil innovator i.e. during litigation no new rights should be introduced.[9] It prohibits alienation of property when a dispute relating to the same is pending in a court of law awaiting disposal by the same. •The rule contained in S. 52 is also called the rule of lis pendens and makes transfers pendente lite, subject to the decision of the Court. As a principle of equity, justice and good conscience, this rule applies even where the Act does not apply. •It is a doctrine common to the courts both at law and Equity, and rests…upon this foundation that it would plainly be impossible that any action or suit could be brought to a successful termination, if alienation pendente lite were permitted to prevail. The plaintiff would be liable in every case to be defeated by the defendant’s alienating before the judgment or decree, and would be driven to commence his proceedings de novo subject again to be defeated by the same course of proceedings. If any decree or order is passed in such proceedings, any transfer of rights during inter regnum shall be determined as non est in the eyes of law.It is based on the principle that the person purchasing property from the judgment debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree. The basic ingredients of the doctrine of lis pendens are: (i) A litigation should be pending in a court of competent jurisdiction; (ii) The suit must be relating to a specific immovable property; (iii) The suit should not be collusive; (iv) The suit should relate to a right in this specific property;

    0       0 Comment Report
Important Note – Preparing for CA Final?
CAKART provides Indias top faculty each subject video classes and lectures – online & in Pen Drive/ DVD – at very cost effective rates. Get video classes from CAKART.in. Quality is much better than local tuition, so results are much better.
Watch Sample Video Now by clicking on the link(s) below – 
For any questions Request A Call Back  
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 narahari answered almost 3 years ago

The section incorporates the well-known doctrine of lis pendens which, to quote Turner, L.J., rests on the foundation. “That it would plainly be impossible that any action or suit could be brought to a successful termination, if alienations, pendente lite were permitted to prevail.”The doctrine of restitution which the section incorporates is based on the principle that the acts of the courts should not be allowed to work injury on the suitors.[8] The principle contained in this section is based on the English common law maxim ut lite pendente nihil innovator i.e. during litigation no new rights should be introduced.[9] It prohibits alienation of property when a dispute relating to the same is pending in a court of law awaiting disposal by the same.

    0       0 Comment Report
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 CA Sandeep Bohra answered almost 3 years ago

-As per the Section 52 of the Transfer of Property Act. Lis Pendens' generally means "pendency of a suit in a Court of Law". -It embodies the principle that the subject matter of the suit should not be transferred to third party during the pendency of the suit. -The transferee is bound by the result of the suit in a case when such property is transferred during the pendency of the suit. (i) A litigation should be pending in a court of competent jurisdiction; (ii) The suit must be relating to a specific immovable property; (iii) The suit should not be collusive; (iv) The suit should relate to a right in this specific property; (v) Property should not be transferred or otherwise dealt with;

    0       0 Comment Report
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered about 3 years ago

DOCTRINE OF LIS PENDENS Lis means suit Pendens means pending,pending suit or action. It states that during the pendency of 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 cannot be transferred directly,it can only be transferred as per such terms as the court may deem fit. Thanks

    1       0 Comment Report
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 veeru answered about 3 years ago

The doctrine of Lis pendens emerged out of the maxim ut lite pendent nihil innoveteur which means that nothing new should be introduced in a pending litigation . The principle of finality of litigation of the doctrine of Lis pendens will be found in the judgment of Lord Justice Turner in the leading case of Bellamy Vs. Sabine , where the Learned Judge said so ,”…. It is , as I think , a doctrin common to the Courts of both law and equity , and rests , as I apprehend upon this foundation ----that it would be plainly be impossible that any action should or could be brought to a successful termination , if alienation pendent lite were to prevail . The plaintiff would be liable in every case to be defeated by the defendan’s alienating before the judgment or decree , and would be driven to commence his proceedings de novo , subject again to be defeated by the same course of proceeding

    1       0 Comment Report
Open uri20170510 32134 tcchcu?1494421832 Jitendra Suthar answered about 3 years ago

Hiiii friend.... Doctrine of Lis Pendens ----------------------- ‘Lis’ means an action or a suit. ‘Pendens’ is the present principle of Pendo, meaning continuing or pending, and the doctrine of lis pendens may be defined as the jurisdiction, power, or control that courts have, during the pendency of an action over the property involved therein **Basis of the Doctrine** - The section incorporates the well-known doctrine of lis pendens which, to quote Turner, L.J., rests on the foundation. “That it would plainly be impossible that any action or suit could be brought to a successful termination, if alienations, pendente lite were permitted to prevail.”The doctrine of restitution which the section incorporates is based on the principle that the acts of the courts should not be allowed to work injury on the suitors.[8] The principle contained in this section is based on the English common law maxim ut lite pendente nihil innovator i.e. during litigation no new rights should be introduced.[9] It prohibits alienation of property when a dispute relating to the same is pending in a court of law awaiting disposal by the same. - The rule contained in S. 52 is also called the rule of lis pendens and makes transfers pendente lite, subject to the decision of the Court. As a principle of equity, justice and good conscience, this rule applies even where the Act does not apply. - It is a doctrine common to the courts both at law and Equity, and rests…upon this foundation that it would plainly be impossible that any action or suit could be brought to a successful termination, if alienation pendente lite were permitted to prevail. The plaintiff would be liable in every case to be defeated by the defendant’s alienating before the judgment or decree, and would be driven to commence his proceedings de novo subject again to be defeated by the same course of proceedings. If any decree or order is passed in such proceedings, any transfer of rights during inter regnum shall be determined as non est in the eyes of law.It is based on the principle that the person purchasing property from the judgment debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree. The basic ingredients of the doctrine of lis pendens are: --------------------------------------------------------- (i) A litigation should be pending in a court of competent jurisdiction; (ii) The suit must be relating to a specific immovable property; (iii) The suit should not be collusive; (iv) The suit should relate to a right in this specific property; (v) Property should not be transferred or otherwise dealt with; (vi) By any party to the suit; (vii) So as to affect the rights of any party thereto; (viii) Till the final disposal of the case.

    1       0 Comment Report
Data?1494421636 Deep answered about 3 years ago

Lis Pendens' generally means "pendency of a suit in a Court of Law". It embodies the principle that the subject matter of the suit should not be transferred to third party during the pendency of the suit. The transferee is bound by the result of the suit in a case when such property is transferred during the pendency of the suit. The doctrine is contained in Section 52 of the Transfer of Property Act.

    0       0 Comment Report
Open uri20170510 32134 1nqu8aj?1494421649 sowmya answered about 3 years ago

Hii friend The doctrine of Lis pendens emerged out of the maxim ut lite pendent nihil innoveteur which means that nothing new should be introduced in a pending litigation . The principle of finality of litigation of the doctrine of Lis pendens will be found in the judgment of Lord Justice Turner in the leading case of Bellamy Vs. Sabine , where the Learned Judge said so ,”…. It is , as I think , a doctrin common to the Courts of both law and equity , and rests , as I apprehend upon this foundation ----that it would be plainly be impossible that any action should or could be brought to a successful termination , if alienation pendent lite were to prevail . The plaintiff would be liable in every case to be defeated by the defendan’s alienating before the judgment or decree , and would be driven to commence his proceedings de novo , subject again to be defeated by the same course of proceeding ………” This doctrine of Lis pendens is embodied in section 52 of the Transfer of Property Act . According to this section during the pendency in any Court having authority within the limits of India excluding the State of Jammu and Kashmir or established beyond such limits of the Central Government , of any suit or proceeding which is not collusive and in which any right to any immovable property is directly and separately in question , the property can not be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein , except under the authority of the Court and on such terms as it may impose . The doctrine of lis pendens may be explained by an example . Let us suppose that A mortgaged his property to B . B filed a suit on the mortgage and obtained a decree for sale . While this decree was being executed , A leased the property to X for ten years . During sale of the property B purchased the property himself . As the lease to X was affected by the rule of Lis pendens B was entitled to evict X . There is one exception to this rule of lis pendens . It is quite open to the Court to permit any party to the suit to transfer the property on such terms which it may think fit and proper to impose .

    0       0 Comment Report
Get Notifications
Videos
Books
Notes
Loading
SIGN UP
Watch best faculty demo video classes

These top faculty video lectures will
help u prepare like nothing else can.