Doctrine Of Lis Pendens - “The Silent Guardian Of Property Claims In Court”

Stuti Gangopadhyay, Sahana Pisapati & Rupsa Nath, B.A LLB (Hons.), KIIT School of Law

ABSTRACT

This paper examines the nuanced application of Section 52 of the Transfer of Property Act, of 1882, which codifies the doctrine of lis pendens in Indian law. The study delves into the historical origins and contemporary relevance of this principle, which restricts the alienation of immovable properties subject to ongoing litigation. By analysing the specific nature of this provision, the research illuminates its binding effect on involved parties rather than its general applicability. The paper traces the doctrine's evolution in Indian jurisprudence and scrutinizes its practical implementation. Furthermore, it elucidates the essential conditions requisite for invoking lis pendens, providing a comprehensive understanding of its legal framework. This investigation aims to contribute to the scholarly discourse on property rights and judicial processes, offering insights into the delicate balance between individual property rights and the integrity of legal proceedings in property disputes.