Doctrine of Lis Pendens

Recently, the Delhi High Court held that courts have the discretion to exempt property from the Doctrine of Lis Pendens to safeguard genuine owners from vexatious or frivolous litigation.

  • The Doctrine of Lis Pendens is derived from Latin for “pending litigation,” it prevents any party from transferring or altering property rights under dispute to ensure the case outcome remains unaffected.
  • It is defined under Section 52 of the Transfer of Property Act, 1882.
  • In Jayaram Mudaliar vs Ayyaswami & Ors (1972), the SC held that lis pendens applies even without notice of the pending suit, as it is based on ....
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