lis pendens, compulsorily registrable?
Baskaran Kanakasabai
(Querist) 14 June 2010
This query is : Resolved
Is lis pendens on immovable property,compulsorily registrable in India?
If the answer is no, Why? What is the purpose or logic behind classifying it as non-registrable? How is a potential buyer of a land supposed to have had notice of any lis pendens on the land he intends to buy other than by knowing it from the registrar?
It is compulsorily registrable in Tasmania and many other countries
Tasmania:
Registration of Deeds Act 1935 (No. 24 of 1935)
Consolidated as at: 11 Nov 2006
26. Purchasers not to be affected by lis pendens unless registered
No lis pendens shall bind a purchaser or mortgagee without express notice thereof unless and until a memorandum or minute, signed by the plaintiff or his authorized agent, containing the name and the usual or last known place of abode or business and the description of the person whose estate is intended to be thereby affected, and the nature and situation of the property or estate intended to be affected thereby, and setting forth the title of the court and of the cause or matter, and the date when the proceedings therein were commenced, shall be left with the Registrar.
bhagwat patil
(Expert) 15 June 2010
In India it is apurchaser who havs to get satisfy the title
Raj Kumar Makkad
(Expert) 15 June 2010
Different laws are prevalent in different countries as per their necessity and tradition. In India, buyer apart from office of registrar can also obtain the knowledge from the engaged counsel who may prepare a detailed search report for him certifying that the purchase of the land is free from all types of encumbrances or the chain of the title is complete in all respect.
