Doctrine of lis pendens
Vishnukumar Guptha
(Querist) 29 August 2012
This query is : Resolved
Register sale deed is preceded by an agreement of sale containing the recital of total payment of sale consideration and also delivery of possession. However existence of agreement of sale was not mentioned in register sale deed. Agreement of sale was executed prior to filing of the suit by third party and register sale deed was executed pending suit. Whether the doctrine of lis pendens applies in this case? Whether sale transaction is completed on the date of agreement of sale as total sale consideration was paid and delivery of possession was also given to the purchaser or on the date of execution of register sale deed?
ajay sethi
(Expert) 29 August 2012
what was need of separte sale deed? if entire cosnideration was paid and posession given why did you not register agreement for sale .?
a transfer of immovable property by way of sale can be effected only by a deed of conveyance. In the absence of a deed of conveyance (which must be duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred
ajay sethi
(Expert) 29 August 2012
The court observed that Section 54 of the Transfer of Property Act makes clear that a contract of sale does not itself create any interest in or charge on such property. The Supreme Court has reiterated the settled position of law in this regard - any contract of sale (or agreement to sell) that is not a registered deed of conveyance or deed of sale will fall short of the requirements of Sections 54 and 55 of the Transfer of Property Act, and will therefore confer no title and transfer no interest in an immovable property (except to the limited right granted under Section 53A of the Transfer of Property Act). According to the Transfer of Property Act, an agreement of sale - whether with or without possession - is not a conveyance.
Yogesh Anand
(Expert) 29 August 2012
You have not mentioned the suit details and locus of third party.
