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Quick Answer
Lis pendens (Latin: pending suit) prevents litigants from frustrating the court's eventual judgment by transferring the property mid-suit. A buyer who acquires property subject to lis pendens takes the property burdened with whatever the eventual judgment decides. Lis pendens search is non-negotiable in property due diligence; the search must cover (i) Sub-Registrar's index for registered transactions; (ii) district court CIS for civil suits; (iii) HC CIS for writ petitions and original-side suits; (iv) NCLT records for IBC proceedings affecting corporate sellers.
Statutory reference
Section 52 Transfer of Property Act 1882
Related practice areas
Doctrine under Section 52 TPA — during the pendency of a suit involving immovable property, no party can transfer the property to defeat the rights of any other party in the suit. Buyer takes property burdened with judgment.
Lis Pendens is governed by Section 52 Transfer of Property Act 1882. Lis pendens (Latin: pending suit) prevents litigants from frustrating the court's eventual judgment by transferring the property mid-suit. A buyer who acquires property subject to lis pendens takes the property burdened with whatever the eventual judgment decides. Lis pendens search is non-negotiable in property due diligence; the search must cover (i) Sub-Registrar's index for registered transactions; (ii) district court CIS for civil suits; (iii) HC CIS for writ petitions and original-side suits; (iv) NCLT records for IBC proceedings affecting corporate sellers.
Lis Pendens falls under Property & Real Estate. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.