The doctrine of lis pendens prevents parties involved in a pending lawsuit over a property from transferring that property to another party. This stems from the Latin maxim "ut lite pendente nihil innovetur," meaning nothing new should be introduced during a pending case. Section 52 of the Transfer of Property Act codifies this doctrine in India, stating that a pending suit over immovable property prevents either party from transferring their rights to a third party in a way that affects the opposing party's rights. The court has some discretion to allow a transfer subject to terms it deems fit to impose.

1. Doctrine of Lis Pen des
BY SHAMBHAVI GOSWAMI
THIRD YEAR, BBA/LLB

2. Origin
Lis pendens, translated from Latin is “a suit pending”, the term ‘Lis’
meaning ‘Litigation’ and ‘Pendens’ meaning ‘pending’.
It comes from the Latin maxim “ut lite pendente nihil innovetur” which
means nothing new to be introduced in a pending suit.
The rule behind the maxim is to conclude settlements in a clearer way if
any alienation is allowed during the proceedings of the suit.

3. Bellamy v. Sabine, 1857
Lord Turner explained the significance of this law as a doctrine common
to both, Courts of law and equity.
He explained, it laid upon the foundation that it would be impossible for
any Court to bring a suit to a successful termination if alienation, during
the pendency of a suit, prevails.
In the same case, Cranworth L.C., observed that neither of the party to
the suit can alienate property in question, affecting the opponent’s rights.
Also implies that the doctrine is common to the Courts of both law and
equity.

4. Section 52, Transfer of Property Act, 1882
Suit must be pending before the court of law.
Involvement of immovable property
Suit must not be collusive in nature.
Include issues of rights to an immovable property.
Must be affecting the rights of the other party involved.

5. Illustration
A and B decide that :
A will file a suit against B during the pendency of the case in the court concerning immovable
property.
A then sells the property to C
B files an application in the court of law mentioning that the property has been sold during the
pendency of the case.

6. Illustration
A and B have a suit related to property in the court.
B transfers the property to C
However, during the dismissal of the case.
Eventually it won’t affect the case in any way.

7. Illustration
A and B have a suit related to property in the court.
The court determines a decree in the case.
B transfers the property to C
Here, A’s rights over the property won’t be affected.

8. Exception
The doctrine states, the Court also has the power to permit any party
involved in the suit to transfer the property in question.
In Vinod Seth v. Devinder Bajaj, the Court observed that the underlying
principle of Section 52 of Transfer of Property Act, is based on equity and
justice.
This means that the Court has the power to transfer the property
subjected to the suit by imposing terms that deems fit.