What is Doctrine of Lis Pendens?

|Section 52 of TPA, 1882

On July 1, 1882, the English common law principles of fairness, good conscience, and justice were
incorporated into the Transfer of Property Act, which had been underlined by the Indian Contract Act,
1872.

Transfers inter vivos, or between two people who are still alive, are covered under the Transfer of Property
Act. The phrase “transfer” refers to the act of one or more live persons transferring property to another.
When there can be only one transferee and one recipient of the transferor’s rights when the transferor
owns them and the recipient is the person or individuals to whom they are given.

The Transfer of Property Act (1882) was amended for the first time in 1929 when the term “living people”
was expanded to cover corporations, organisations, and groups of individuals, whether registered or not.

Section 52 of the Transfer of Property Act (1882) codifies the lis pendens doctrine. The term “Lis” implies
active litigation, whereas the term “Pendens” indicates delayed litigation, whereas the complete phrase “lis
pendens” refers to an ongoing legal proceeding.

The phrase “Pendente lite nihil innovature” encapsulates this theory wonderfully, stating that “new ideas
should not be provided during a moment of contention.” The doctrines guiding concept is to preserve the
status quo while avoiding any changes that might adversely affect any of the parties involved in the case.

According to this view of property law, no new interest should be created in relation to the property at
issue in a legal case. It is considered a transfer when the property is given to a new owner or holder of a
new title. Lis pendens prohibits the transfer of property relevant to a lawsuit.

Origin of the doctrine of Doctrine of Lis Pendens

It was in the case of Bellamy v. Sabine that Turner, L.J., declared that the theory of lis pendens was a
doctrine common to both the courts of law and equity, since it would be practically impossible for the
action that has been brought in court to be resolved if alienations pendente lite were allowed to proceed.

In this case, the defendant was a corporation. It would be impossible for the plaintiff to win the case
before the judgement was issued, and he or she would have to start a fresh legal action each and every
time.

The Doctrine of Lis Pendens is a common law doctrine that dates back hundreds of years. In order to
provide quick and efficient remedies in a court system, it is essential that no person interested in the
property’s rights or title be violated. Legal action cannot be rendered meaningless or ineffective as a
result of private activities.

In order to keep the court proceedings from being disrupted, the doctrine of lis pendens prohibits
parties from selling property that is in dispute. The court’s ruling must be respected and adhered to by
all parties involved in the case. Because of the absence of an anti-alienation law, all subsequent
transactions would be null and void and no one would be able to resolve his or her ownership rights.