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A Critical Analysis Of The Doctrine Of Lis Pendens




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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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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