Lis Pendens

Meaning

Pending Litigation / Notice of pending dispute

Easy way to remember

Lis = Litis / Litigation / Legal Action
Pendens = Pending

Explanation

Lis Pendens is a notice in writing filed with the Talati / Tehsildar of the local Land Records Office bringing on record the fact that there is pending litigation over that property. It also serves as notice to any potential purchaser of the land, making him aware of the fact that though he may purchase the property, he will be subject to the decision of the court. It does not prevent a purchaser from buying the land,but makes him subject to the decision of the court, to show that he acted despite having knowledge of the dispute.

Example

s. 52 of the India Transfer of Property Act, 1882 states that:

52. Transfer of property pending suit relating thereto.- During the 1[ pendency] in any Court having authority 2[ 3[ within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by 4[ the Central Government 5[ ], of 6[ any] suit or proceeding 7[ which is not collusive and] in which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.

One thought on “Lis Pendens

Leave a Reply

Your email address will not be published. Required fields are marked *