Lis Pendens: Section 52 of the Transfer of Property Act

Conditions for lis pendens

Check that there is a pending, non-collusive suit or proceeding in a competent court; a right to immovable property must be directly and specifically in question. The transfer must be by a party to the litigation and affect another party's rights in the dispute.

The non-collusion requirement concerns the suit or proceeding. It should not be replaced with a general assertion about whether the buyer or seller acted honestly.

The Supreme Court discusses the statutory text and conditions in 2025 INSC 1434, paragraphs 48–52, hosted by the Andhra Pradesh High Court.

Does the buyer need notice of the suit?

Under the general doctrine, lack of knowledge does not by itself protect the buyer from the litigation's outcome. Paragraphs 51–52 of the linked judgment expressly address this. The earlier guide incorrectly presented notice as a necessary condition.

Registration of a sale deed does not, by itself, defeat lis pendens. Local amendments and the relevant authorities on registration of a notice of pendency require jurisdiction-specific checking; do not assume one registration rule applies identically throughout India.

When does lis pendens end?

It does not necessarily end on the date the trial court decides the suit. The statutory explanation starts pendency with presentation of the plaint or institution of the proceeding in a competent court. It continues through final disposal and complete satisfaction or discharge of the decree or order, or until that becomes unobtainable because the execution limitation period has expired.

Assess appeals, execution and the actual status of the decree rather than relying solely on the date of judgment. The previous article's statement that any post-decision transfer falls outside Section 52 was too broad.

Can property be sold while a suit is pending?

A buyer should not treat the possibility of executing a sale deed as assurance of an unaffected title. Review the pleadings, property schedule, relief claimed, interim orders and procedural history. Where a transaction is proposed, consider whether court permission is necessary and what terms the court imposes.

Lis pendens and an injunction perform different functions. Check both before advising a party to transact. A money claim does not attract the doctrine merely because a party owns land: the right to the particular property must be directly and specifically in issue.

Use Case Law Finder to research the relevant authorities and LawChat to organise preliminary questions, then verify the official text and local law. If a litigating owner dies, consider the separate substitution and abatement rules.

Correction — 20 October 2026: Removed automatic-invalidity and notice requirements, corrected the duration of pendency, and distinguished the general doctrine from local registration issues.