Regarding sale of property while the suit is pending
Vignesh Prabhu
(Querist) 08 April 2012
This query is : Resolved
1.Can anyone sale the property while the suit is pending in the court?
2.If the property Sold, what is the Remedy?
A V Vishal
(Expert) 08 April 2012
The doctrine of lis pendens, embodied in Section 52 of the Transfer of Property Act, 1882, effectively provides that during the pendency of a suit in which any right to immovable property in is question, the property cannot be transferred by any party to the suit so as to affect the rights of other parties.
Rasik Dagli
(Expert) 09 April 2012
Yes. If there is no injunction , property can be sold during the pendency of a suit.However, if the lis pendent is registered under S/52 of Transfer Of Property Act, such transfer will be subject to the result of the suit. If not registered you have to challenge the transfer by joining the purchaser as party to the pending Suit.
Rasik Dagli
Advocate
RAJU O.F.,
(Expert) 09 April 2012
Purchaser of property in suit is purchasing litigation also, so he has to bear the risk of the outcome of the suit.
sibasish pattanayak
(Expert) 09 April 2012
hi,
in a recent judgement HONOURABLE APPEX COURT OPINED THAT ........" DURING THE PENDENCY OF SUIT .......POSSESION CAN NOT BE TRANSFER......" PL CHK
REGARDS,
SIBASISH PATTANAYAK, Advocate
prabhakar singh
(Expert) 14 April 2012
The transfer would be subject to result of suit and no plea of bona fide purchaser shall be available to buyers.
