• How to remove Les Pendens from our land/plot

My father has a land which he inherited from his father and my father's siblings (his brother and sister) are also co-owner of that plot. All their names are there on 7/12 document. Someone from our extended family is trying hard for this property and has put les pendens on our plot )7/12).

We want to know what is the process of removing this les pendens and what sort of lawyer will be useful. This plot is in Boisar, so any lawyer reference in Boisar is also appreciated.
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

Get in touch with a senior lawyer having prior experience of handling property disputes.

If this someone from your extended family has obtained a stay, this property cannot be alienated during the subsistence of the suit.

However, if no such stay has been granted, any sale made pendent lite shall be subject to the final outcome of this case/suit.

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

Lis Pendens is a notice in writing filed with the Talati / Tehsildar bringing on record the fact that there is pending litigation over that property

2). It also serves as notice to any potential purchaser of the land, making him aware of the fact that though he may purchase the property he will be subject to the decision of the court.

3) you would need to engage a local civil lawyer in Boisar

4) if any suit has been filed by your family member notice would continue pending disposal of the suit

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

you have to take out a notice of motion in the pending suit to remove the les pendens from your title to the property

2) you will have to file an affidavit in support of the notice of motion taken out by you

3) disposal of the notice of motion would depend upon the pendency of cases in boisar court

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

Not getting how les pendens active on property,

Any civil /revenue case and under what capacity.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

The principle embodying the doctrine of 'lis pendens' implies that the subject matter of a suit should not be transferred to a third party during the pendency of the suit.

Lis means suit or litigation.

Pendens means containing or pending.

It seems your property has become a subject matter of a civil suit or proceeding and has thus, become controversial. Meet a local civil lawyer and get the this suit dismissed.

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

Engage a local lawyer in the Boisar Court.

To remove the said les pendes you will have to take out a notice of motion with a supporting affidavit.

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Also please see if there is some pending suit with regards to the property in Boisar or not.

If there is a pending suit then the person who will purchase the property during the pendenncy of the suit shall be bound by the result of the suit in light of section 54 of the transfer of property act.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

We want to know what is the process of removing this les pendens and what sort of lawyer will be useful. This plot is in Boisar, so any lawyer reference in Boisar is also appreciated.

The meaning of lis pendens is - ‘a pending legal action’, wherein Lis means the ‘suit’ and Pendens means ‘continuing or pending’. ... In case of transfer of such immovable property, the transferee becomes bound by the result of the suit. The doctrine of Lis Pendens .

Therefore, if a suit is pending in the court, yo may hav to enter appearance either in person or through a lawyer before the court where the case is pending and challenge the case on the basis of merits in your side

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

but I wanted to understand the process of removing les pendens, I understand definition of les pendens. How does a lawyer approaches removal of les pendens, does he file an affidavit in the court or what is the process is what I am interested in knowing. The person who has filed this suit is from extended family only. I can approach civil lawyer but I want to go to him with full understanding of the process and how much time frame will it take for overall process to complete.

The meaning of lis pendens is that there is case pending in the court.

It cannot be removed.

The case pending in the court has to be disposed either by contesting it or leaving it to become exparte against you.

The lis pendens may be removed only after the disposal of the suit.

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer