By S&S Co. Advocates & Solicitors · Published 28 September 2026 · Informational content, not legal advice: see our disclaimer
The Basic Rule
Section 52 of the Transfer of Property Act, 1882 embodies the doctrine of lis pendens: literally, 'a pending suit.' It provides that once a suit is pending in a court that directly and specifically involves a right to immovable property, the property cannot be transferred by a party to that suit in a way that affects the rights of any other party to the litigation, without the leave of the court. If it is, the transfer is not void, but it is not binding on the outcome of the suit: the buyer takes the property subject to whatever decree the court eventually passes.
Why This Catches Buyers Off Guard
A buyer who purchases property from a seller currently embroiled in a pending lawsuit over that very property. Even one who has no actual knowledge of the litigation and has verified the seller's title documents. Can find themselves bound by an adverse decree passed against the seller after the sale. The doctrine applies based on the fact of the pending suit, not on whether the buyer had actual notice of it.
Why a Title Check Is Not Enough
Standard property due diligence typically focuses on verifying the seller's title documents: the chain of sale deeds, the encumbrance certificate, mutation records, and so on. None of these will necessarily reveal a suit pending in a civil court concerning the property, since litigation is recorded in court registers rather than in property or revenue records (except in states that specifically provide for registration of a notice of pending suit). A genuinely thorough due diligence exercise should therefore include a search of relevant civil court records for any pending litigation concerning the specific property, not merely a review of the seller's paperwork.
What Happens If You Buy Property Under Lis Pendens
If you purchase property that later turns out to have been the subject of a pending suit at the time of your purchase, you generally step into the seller's shoes for the purposes of that litigation: bound by the final decree, whatever it is, even though you were not formally a party to the original suit. In some cases, a buyer in this position may need to apply to be impleaded in the pending suit to protect their interests going forward.
Frequently Asked Questions
Does lis pendens apply even if I didn't know about the pending suit?
Yes. The doctrine applies based on the objective fact that a suit was pending and directly concerned the property, not on whether the buyer had actual knowledge of it.
Is a sale made during a pending suit completely void?
No. The sale itself remains valid as between the buyer and seller, but it does not bind the outcome of the pending suit, and the buyer takes the property subject to the eventual decree.
How can I check if a property is the subject of pending litigation?
By conducting a search of the relevant civil court's case records for suits relating to the specific property, in addition to standard title and encumbrance checks. This is a step worth taking as part of thorough due diligence, particularly for higher-value transactions.
What should I do if I unknowingly bought property that turns out to be under lis pendens?
You would generally need to consider applying to be impleaded in the pending suit to protect your interests, since you are likely to be bound by its outcome even without having been an original party.
References & Further Reading
This article references the following statutes and general principles. It is educational content, not advice on any specific property dispute.
- Transfer of Property Act, 1882, Section 52.
- See our Property & Civil Litigation practice area for further reading.