In the context of the Transfer of Property Act, 1882, the doctrine of lis pendens
Lis pendens does not annul a pendente-lite conveyance or impose an absolute prohibition on all transfer. Section 52 makes the transfer subject to the rights determined by…
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In the context of the Transfer of Property Act, 1882, the doctrine of lis pendens
Answer and explanation
Correct answer C
Lis pendens does not annul a pendente-lite conveyance or impose an absolute prohibition on all transfer. Section 52 makes the transfer subject to the rights determined by the decree in the qualifying pending litigation. Court authority may permit dealing on prescribed terms; otherwise the transferee takes subject to the result. The rule applies only where its statutory conditions, including the locally applicable requirements, are met. In Maharashtra, the Bombay amendment imposed registered notice of pendency for the city of Mumbai; earlier Bombay High Court decisions distinguished other areas, where no extending notification was established. This locality condition qualifies application of the doctrine, but does not turn every pendente-lite sale into a void conveyance.
Current law: Alka Shrirang Chavan (12 January 2026), following Celir LLP, explains that registration facilitates notice and due diligence. Want of a registered notice cannot mechanically give a subsequent purchaser an absolute right to defeat the litigation, particularly through dishonesty, collusion or deliberate disregard of known proceedings. This interpretation does not repeal the registration requirement or make all pendente-lite transfers void.
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