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sana waheed (Advocate)     31 October 2011

If any one can ans the query


i have a preposition if some one can ans. A purchased a land from B , C filed a suit for pre-emption. During the pendency of suit  A transfered his property through gift to his real son.... now my query is wat will be the effect of this transfer on suit ? is that transfer valid?


 11 Replies

sridhar pasumarthy (ADVOCATE)     31 October 2011

Dear Sana,

my answer to your questions is:-

Any transfer of property pending suit is subject to the final result of the suit.  If A succeeds in the suit, the transfer becomes valid otherwise not.

1 Like

sana waheed (Advocate)     31 October 2011

hmmmmm lis pendens apply agreed but will the donee be made part of the suit? suit needs to be amended or not?

R Trivedi (advocate.dma@gmail.com)     01 November 2011

1. A purchased the Land from B:  Registration Papers to be checked about B's authority/right.

2. C files the suits: That means C is claiming some right over the property.

3. A transfers the same on his son name.

The points to be considered:

1. B's and C's right only: The court will decide the matter regarding "A purchase from B".

If it fails then C will have right over the land and all transactions by A&B stands void.

A can file and must file counter case against B for fraud, if that is the fact. A can recover something from B legally if B's right is false.



sridhar pasumarthy (ADVOCATE)     01 November 2011

Dear Sana,

A lis pendens transferee cannot come on record as of a right.  No matter whether the plaint is amended or not, but the final judgment is binding on the donee.

SURESH GODBOLE (ADVOCATE)     01 November 2011

C has filed Pre Emption of which nature under Muslim Law

Is it  being a neibhour and was first to be offered the property

or as he claimed to be an  heir

Muslim Law or any other personal Lay should not be allowed to override the Statute

Thus , where TP Act applies , no right of pre emption would arise unless the Title has passed according to the Act

Thus , here , B will have to show , C has no right for Pre Emption

If he (C) has a right ,  A will be affected

If A is not the legal owner , his son cannot  be the owner of Non Existent RIGHT

To save his interest , A can become a party  in the suit as being an interested party and to prove that C is wrong



niranjan (civil practice)     01 November 2011

The transfer is valid but subject to final decision of the suit.

Piyush Vaishnava (Advocate)     10 November 2011

yes i agree with mr. godbole

R Trivedi (advocate.dma@gmail.com)     10 November 2011

1. Court should have put a status quo on the property, in that case this transfer by A to his son would have been blocked.

2. This matter is purely of the Fact and it is B who would have to prove that he has the absolute right over the property and C has nothing to do wth the property.

3. A should not become party to the case, that is, he should not side with B. He has nothing additional to offer to the court which cannot be offered by B.

4. The problem "A"  facing is that now property prices may have gone up and even if he has realised that C is right to certain extent, still A is trying his level best to stick to it.

5. If at the time of purchase A has done the proper work like regsitartion etc, he should stake his claim at the right time.


R Trivedi (advocate.dma@gmail.com)     10 November 2011

Stake his claim for compensation of fraud by B.

I.S.Roy,Advocate (Advocate)     29 November 2011

Dear Sir

I will agree with Mr Sridhar

Narender Raj G (Advocate)     30 November 2011


Dear Sana waheed,

I have gone through the answers given by learned brethren of our noble profession.

Fraud, consequences are not our concern and other persons cannot decide except you, since you have got every minute details, as a counsel for the party.

You have sought a clear cut answer on certain facts.

Regarding to lis-pendens transfer; there is no necessity to reproduce section 52 of the Transfer of Property Act.

It seems that the issue is involved under Muslim personal Law under the " SHUFA".

In our country Muslim Personal Laws are accepted, hence "SHUFA" is a permissible ground to attack a transfer, if the plaintiff proves his right.

The donee does not get any additional right other than rights of the donor.

Also I answer in another way that no person even the Court also cannot transfer rights in property which are not available for the transferor (donor). 

At last I request you, to look into the Ruling of the Supreme Court; wherein the Apex Court negated the right of pre-emption on the ground of vicinage ( shafi-i-jar and shafi-i-sharik).

1998(8) SCC 83=AIR1999 SC 2043.

After declaration of Law on this aspect also other sorts of pre-emption still prevail, under Muslim personal Law.

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