Q.3 What is the concept of Doctrine of Lis-pendens under the Transfer of Property Act?

DOCTRINE OF LIS-PENDENS:

Section 52 of the Transfer of Property Act deals with the term Lis-pendens. The word Lis-pendens is a Latin word and a combination of two words such as “Lis” which means legal action and “Pendens” means pending suit.

A Lis-pendens is actually an official notice to the public which enunciates that property cannot be transferred as such property is the subject matter of the law suit which is sub-judice before the court of law.

Notice of Lis-pendens tends to warn any bona-fide purchaser of the property that a law suit is already pending in the court pertaining to this property and such person has to face the legal proceeding regarding the property in question and plaintiff will be seeking justice from new owner.

This doctrine is based on the following Latin Maxim;

“Pendente lite ninic innovature”  which means that during the legal proceedings nothing new should be introduced.

                                                                                                       This FAQ is prepared by Advocate Sadia Saman