Lis Pendens

1. Statutory Provision
   The provisions relating to Lis Pendens have been enumerated under Section 52 of the Transfer of Property Act, 1882.
2. Meaning
   Lis Pendens means pending litigation. It implies that during the pendency of any suit regarding title of a property, no new interest in respect of that property should be created.
3. The doctrine of Lis Pendens is expressed in the well-known maxim pendente lite nihil innovetur, which means during the pendency of litigation, nothing new should be introduced.
4. The doctrine provides that during the pendency of a suit in which any right to immovable property is in question, the property cannot be transferred or otherwise dealt with so as to affect the rights of any other party to the suit.
5. Lis Pendens operates as a constructive notice of the pending litigation.
6. Essentials of Lis Pendens
   1. A suit or proceeding relating to immovable property must be pending in a competent court having jurisdiction;
   2. The suit must not be collusive in nature;
   3. The litigation must be bona fide;
   4. The property in dispute must be immovable property;
   5. The transfer must affect the rights of the other party to the suit.
7. Effect of Lis Pendens
   Any transfer made during the pendency of the suit is not void, but it is subject to the outcome of the suit.
8. Exception
   The Court may permit any party to transfer the property on such terms as it may think fit.

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