lis pendens.
Querist :
Anonymous
(Querist) 18 May 2011
This query is : Resolved
Pendente lite means "pending the litigation." When the court makes an order, for example, for temporary alimony or child support, which lasts only until the date of a divorce trial or until the parties to a lawsuit work out a settlement, it is a pendente lite order.
Pendente lite should not be confused with lis pendens. Lis pendens also means pending lawsuit. But lis pendens is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property. Because nobody wants to buy real estate if its ownership is in dispute, a lis pendens notice effectively ties up the property until the case is resolved. Lis pendens notices are often filed in divorce actions when there is disagreement about selling or dividing the family home.
Question: so can we sy that lis pendens is applicalbe only when there is a property case pending in the court & Pendente lite is applicable to the other cases were property matter is not invloved right?
Pls tell me more info about the above matter in if any case laws ?
Thanks
R.Ramachandran
(Expert) 18 May 2011
The meaning of the latin words is as under:
lis pendens = litigation is pending
pendente lite = while the litigation is pending.
While generally the term "lis pendens" gets very often used when some property is under litigation, one need not unduly attach importance to the property when the term "lis pendense" is used for the term only simply means "litigation is pending". If I use the term there is "lis pendense" between Mr. A. and Mr. X, I do not say whether it relates to any property, etc. It all means that there is litigation pending between Mr. A and Mr. X. That is all.
Hope this clarifies your doubt.
