Ram files a lawsuit against Shyam, claiming ownership of a specific plot of land.
While
the court case is ongoing (pending), Shyam sells the disputed land to Mohan,
who is unaware of the ongoing litigation. In this scenario, which legal principle is
most likely applicable?
Explanation - “Lis Pendens,” when translated, means “pending suit or cause.”
This doctrine has been expressed in the maxim: "pendente lite nihil innovature"
which means nothing new should be introduced during the pendency of litigation.
This doctrine prohibits the transfer of property in pending litigation. It is dealt with
in Section 52 of the Transfer of Property Act, 1882, in India. It serves to protect
the rights and interests of parties involved in a pending lawsuit concerning a
specific property. The doctrine of lis pendens can be defined as the legal
authority, control, or jurisdiction that a court holds over the property in question
during the entire duration of a lawsuit,
extending until a final judgment is reached. The underlying rationale behind the
doctrine of lis pendens is to prevent the subject matter of a lawsuit from being
transferred to a third party while the case is still pending.
Explanation - “Lis Pendens,” when translated, means “pending suit or cause.”
This doctrine has been expressed in the maxim: "pendente lite nihil innovature"
which means nothing new should be introduced during the pendency of litigation.
This doctrine prohibits the transfer of property in pending litigation. It is dealt with
in Section 52 of the Transfer of Property Act, 1882, in India. It serves to protect
the rights and interests of parties involved in a pending lawsuit concerning a
specific property. The doctrine of lis pendens can be defined as the legal
authority, control, or jurisdiction that a court holds over the property in question
during the entire duration of a lawsuit,
extending until a final judgment is reached. The underlying rationale behind the
doctrine of lis pendens is to prevent the subject matter of a lawsuit from being
transferred to a third party while the case is still pending.
