• Applicability of lis pendens

1980 HUF member files partition suit.
1982 Outside party buys part of HUF property.
1985 Court Decree. All huf members accept it.
1986. O'side party files Appeal in District Court
 against Decree as it does not include his
 1982 purchase.
2005. I buy part of Property from one huf members
 Decreed share.
2008. D'Court dismisses 1986 Appeal.
2009. O'side party files Appeal in High Court,
 it is still in pending status in Jan 2018.
Q? :. Will listen pendens apply to my 2005 
 purchase ??
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Well.whenever a suit is pending the transfer of any part of the suit proeprty without the leave of court would attract the pricnolpepf Lis Pendens Meaning thereby that the transferee would be bound by the final result of suit even if he was not party to the suit.

Though suit is dismissed , appeal is preferred and the same is pending . Since appeal is continuation of suit the principle of Lis Pendence is still applicable.

However since there is no stay order or order of injunction is in force you can enjoy the proeprty freely . Your title in the proeprty seems protected.

I don0t find much merit in the appeal pending for final verdict.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Q? :. Will listen pendens apply to my 2005

purchase ??

Lis pendens is always referred to the litigation pending before the original trial court and not the pending appeal before the appellate court, though the decision on the appeal is final.

.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

What could be the reasons for this case

being in pending status for 8 years ?

There are various reasons for pendency of the appeals before high court, you cannot probe into the reasons for such things instead if you are an aggrieved party, you should try to push the case through and bring it for hearing by using your own source and means.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1) appeals take over 10 years to be disposed of . it is on account of heavy backlog of cases in HC

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Section 52 of the Transfer of Property Act lays down the principle of lis pendens that when a suit is pending during the pendency of such suit if a sale is made in favour of other person, then the principle of lis pendens would be attracted.

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Yes it will

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

In Ramjilal vs. Ghisa Ram (1996) 7 SCC 507 it was laid down that appeal being continuation of the suit, Also, in RAJ KUMAR V. SARDARI LAL AND OTHERS, (2004) 2 SUPREME COURT CASES 601, the lis pendens transferee remains bound by the decree.

Also, S.52 of the transfer of property act places a complete embargo on transfer of immovable property which is directly and specifically in question in a pending litigation.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Client,

The doctrine of lis pendens applies only where the lis (Suit) is pending before a Court.O`side was not not party in the original suit but has acquired right in the property. On what note his appeal has been dismissed ?

Appeal is a continuation of suit but on dismissal of the appeal, lis pendence cease to exits in ur purchase,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Lis pendens will apply with full vigour. Although title has crystallised on the execution of the sale deed in your favour but it will nonetheless be subject to the final outcome of the appeal in the HC.

2. Here in Rajasthan High Court the appeals of 1990 are now getting decided, so 8 years delay is not unusual.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes lis pendis will apply to your 2005 purchase also

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The appellant is not pursuing the case and therefore the same is pending before the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The principle of lis pendens is under section 52 of Tansfer of property Act. In your case if the appeal is pending in HC about the same property and the interest of the opponent is affected by sale of the same the principle of lis pendens will apply to you.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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