DOCTRINE OF LIS PENDENS.

A Proposal made by : - SHUBHAM RAJ

1764
B.A LL.B {Hons.}

A Proposal submitted to :- Dr. B.R.N SARMA

A research proposal submitted in partial fulfilment for the course

titled (TRANSFER OF PROPERTY LAW) for attaining the degree
B.A LL.B {Hons.}.

August, 2018

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR
PATNA-800001

1
 INTRODUCTION
LIS PENDENS

Section 52 of Transfer of Property Act deals with the Doctrine of Lis Pendens.
‘Lis’ means ‘litigation’ and ‘Pendens’ means ‘pending’. So, Lis Pendens would mean ‘pending
litigation’. The doctrine of Lis Pendens is expressed in the well known maxim:-
Pendente lite nihil innovature, which means ‘during pendency of litigation, nothing new
should be introduced’.
Under this doctrine, it is provided that during pendency of any suit regarding title of a property,
any new interest in respect of that property should not be created. Creation of new title or
interest is known as a transfer of property. Therefore, in essence, the doctrine of Lis Pendens
prohibits the transfer of property pending litigation. It is a very old doctrine and has been
operating in the English Common Law. Under this doctrine the judgements in the immovable
properties were regarded as overriding any alienation made by the parties during pendency of
litigation. Later on, this doctrine was adopted also by equity for a better and more regular
administration of justice.

In current practice, a lis pendens is a written notice that a lawsuit has been filed concerning
real estate, involving either the title to the property or a claimed ownership interest in it. The
notice is usually filed in the county land records office. Recording a lis pendens against a piece
of property alerts a potential purchaser or lender that the property’s title is in question, which
makes the property less attractive to a buyer or lender. After the notice is filed, anyone who
nevertheless purchases the land or property described in the notice takes subject to the ultimate
decision of the lawsuit.

A foreclosure will wipe out a lis pendens. If the lis pendens does not end in a foreclosure at
auction, then it will stay a lis pendens where the subsequent buyer will have constructive notice.

2
 Aims and Objectives:
The aim of the project is to present a detailed study of “DOCTRINE OF LIS PENDENS”
through decisions, statutes, amendments, suggestions and different writings and articles.

Hypothesis:

1. To know the Working of The Doctrine of Lis Pendens.

2. To know the satisfied conditions of Lis Pendens.

Scope and Limitations:

Though this is an immense project and pages can be written over the topic but because of
certain restrictions and limitations I was not able to deal with the topic in great detail.

Sources of Data:
The following secondary sources of data have been used in the project-
1. Articles
2. Books
3. Websites

Method of Writing:
The method of writing followed in the course of this research paper is primarily analytical.

Mode of Citation:
The researcher has followed a uniform mode of citation throughout the course of this research
paper.

3
 TENTATIVE CHAPTERISATION

1. INTRODUCTION

 LIS PENDENS
 HISTORY OF LIS PENDENS
 BASIS OF LIS PENDENS

2. STATE AMENDMENT IN GUJRAT AND MAHARASTRA

3. PROVISIONS OS SECTION 52 OF TRANSFER OF PROPERTY ACT
 ESSENTIAL CONDITIONS REQUIRED FOR SEC 52.

4. PENDENCY OF SUIT OR PROCEEDING

 PROCEEDING
 COMPROMISE SUIT
 PENDENCY IN COURT OF COMPETENT JURISDICTION
 RIGHT TO IMMOVABLE PROPERTY MUST BE INVOLVED
 RIGHT IN MOVABLES
 SUIT MUST NOT BE COLLUSIVE
5. PROPERTY IS TRANSFERRED OR OTHERWISE DEALT WITH
 INVOLUNTARY TRANSFER
 TRANSFER WITH PERMISSION OF COURT
 TRANSFER BY ANY PARTY TO SUIT
 TRANSFER AFFECTS THE RIGHTS OF ANY PARTY
6. EFFECTS OF PRINCIPLES OF LIS PENDENS
7. CONCLUSION
8. BIBLIOGRAPHY