Doctrine of Lis Pendens:

According to Section 52 of Transfer of Property Act, embodies doctrine of Lis Pendens in maxim “Ut Lite Pendent Nihil Innovetur” which means that nothing new should be introduced in pending litigation.The literary meaning of Lis Pendens is: suit under consideration of any court of law. This Principle is based on ruling in Bellamy v. Sabine and describe by Turner L.J.

Under Section 52,

“During the pendency in any court having authority within limit of India excluding state of Jammu and Kashmir or established beyond such limit by central government of any suit and proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the right of any other party thereto under any decree or order which may be made therein except under authority of court and on such term as it may impose.”

Essential Elements of Lis Pendens:

In order to constitute a Lis Pendens, following six elements must be present-:

1. There should be suit or proceeding.

2. The suit or proceeding must be one in which right to immovable property is directly and specifically in question.

3. Suit or proceeding must not be a collusive one.

4. The suit or proceeding must be pending.

5. The suit or proceeding must be pending in court of competent jurisdiction.

6. Property directly and specifically in question in suit must be transferred during such pendency.

Time duration (Explanation of Section 52):

1. Pendency when deemed to commence-

Pendency of suit or proceeding shall deemed to commence from date of presentation of plaintiff or institution of proceeding in competent court.

2. Continuances of Pendency

Until suit or proceeding has been dispose of by final decree or order and complete satisfaction of such decree or order has-

i. Been obtained or

ii. Became unobtainable by reason of expiry of period of limitation.

In Jayaram Mudaliar v. Ayyaswami, 1972 (2) SCC 200, the Supreme Court held that the purpose of Section 52 of the Act is not to defeat any just and equitable claim, but only to subject them to the authority of the Court which is dealing with the property to which claims are put forward. 

The doctrine of lis pendens is based upon expediency and it is immaterial whether the transferee pendent lite had or had not notice of the suit. This had been expounded by the Privy Council in the case of Faiyaz Hussain Khan vs. Prag Narain.

Illustration-

A dispute regarding the title of the property X arose between A and B. A was then in the possession of X. The matter was brought before the District Court. The district court passed the decree in favour of A. As the decree was appealable, A sold the property to Z. Therefore, this transfer now will be considered under Section 52 of Transfer of Property Act.

Exception-

In spite of doctrine, it is quite open to court to permit any party to suit to transfer property on term which it may think fit to impose such order should not have been obtained by fraud, otherwise any transfer made under it will fall under doctrine. The amendment to section 52 provides for a notice of Lis-Pendens is mandatory and shall be registered under section 18 of the Indian registration act. The notice shall following particulars-

1. The notice is mandatory.
2. Such notice shall be registered under section 18 of the Indian registration act.
3. In that notice following points shall be incorporated-

a. Name and address of the owner of immovable property

b. Name and address of the person whose is right to the immovable property is in question.

c. Description of the immovable property.

d. Nature of right in respect of such immovable property.

e. Court in which such a suit for proceeding depending.

f. Nature and title of suit of proceedings

g. Date on which the suit or proceeding was instituted.