The Practical Lawyer

T.G. Ashok Kumar v. Govindammal, (2010) 14 SCC 370

Property Law

Transfer of Property Act, 1882

S. 52 - Lis pendens - Scope and meaning of doctrine - Pendente lite transfer of property - Extent to which efficacious -
Sale of property by co-owner during pendency of partition suit filed by the other co-owner - Suit not collusive - Sale
pendente lite not void but would be subject to decree in partition suit - Title of vendee would depend upon decision in
pending suit in regard to title of vendor - If it is decided in partition suit that vendor has title only in respect of a part of the
property, vendee's title would be saved only to that extent and sale to that extent would be valid and binding - But sale of
remaining portion which fell to the share of plaintiff co-owner by virtue of decision on partition suit, would be ineffective,
(2010) 14 SCC 370-A

Property Law

Transfer of Property Act, 1882

S. 52 - Pendente lite transfer of property without disclosing about pending suit or proceedings in respect of the property -
Absence of mechanism for prospective purchasers to verify whether property was subject to any pending suit, decree or
attachment, results in hardship, loss, anxiety and unnecessary litigation - Law Commission and Parliament should
consider amendment of S. 52 like one made by State of Maharashtra by Bombay Act 14 of 1939 by introducing
requirement of registration of notices of pendency of suits or proceedings or any other suitable amendment - Provision
can also be made for compulsory registration of such notices in respect of decrees and attachments of immovable
properties, (2010) 14 SCC 370-B

Property Law

Transfer of Property Act, 1882

Ss. 54 and 52 - Agreement of sale - Should be made compulsorily registrable - This will discourage generation and
circulation of black money in real estate matters as also undervaluation of documents for purposes of stamp duty - This
will also discourage property owners from entering into unregistered agreements of sale, taking huge earnest money
deposits/advances and then selling the property to others, (2010) 14 SCC 370-C

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