Sai Laasya Reddy, BA LLB, O P Jindal Global Law School, Sonipat, Haryana
ABSTRACT:
The doctrine of lis pendens, codified in Section 52 of the Transfer of Property Act, serves as a foundational mechanism in property law, instrumental in safeguarding property rights and ensuring stability within the real estate market by prohibiting the transfer of immovable property during pending litigation. This paper delves into the historical evolution of lis pendens, tracing its origins to the seminal case of Bellamy v Sabine, and examines its integration into Indian jurisprudence through pivotal cases such as Jayaram Mudaliar v Ayyaswami and Rajender Singh v Santa Singh. By scrutinizing the requisite conditions for its application, the paper emphasizes the doctrine’s critical role in thwarting attempts to subvert judicial authority through the transfer of disputed properties. Nevertheless, it also addresses the doctrine’s limitations, particularly its adverse effects on innocent purchasers unaware of ongoing litigation, which may lead to protracted legal disputes and hardships. The conclusion advocates for legal reforms aimed at enhancing transparency and safeguarding the interests of bona fide purchasers, thus striving for a balance between the sanctity of judicial proceedings and the rights of third parties. This analysis seeks to inform the development of future legal frameworks that uphold justice while promoting market stability.
Keywords: Lis Pendens, ownership, suit pending, doctrine, transfer of property, real estate market.
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