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Doctrine of Lis Pendens - Supreme Court
October 22 , 2024
33 days
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- The Supreme Court held that once a transaction is found to be hit by the doctrine of lis pendens, then the defences of being a bona fide purchaser and lack of notice regarding the sale agreement are not available.
- Lis pendens in common parlance means “a pending legal action”.
- The doctrine of Lis pendens finds its place in Section 52 of Transfer of Property Act.
- It provides that if there is any transfer of any immovable property pending litigation, the same shall not affect the rights of the parties in respect to the immovable property.
- But, the outcome of the litigation would be binding upon such a purchaser, who has purchased the property during the pending litigation.
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