By S&S Co. Advocates & Solicitors · Published 22 July 2026 · Informational content, not legal advice
About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.
Section 52 of the Transfer of Property Act, 1882 codifies the doctrine of lis pendens. While a suit in which the right to immovable property is directly and specifically in question is pending, the property cannot be transferred or otherwise dealt with by a party to the suit so as to affect the rights of another party under the decree that may be passed, unless the court gives its authority and on terms it imposes.
A transfer made in breach of the section is generally not treated as void. It remains valid between the seller and the buyer, but the buyer takes the property subject to the outcome of the suit and is bound by the decree, even if the buyer did not know about the suit. The doctrine rests on the need for litigation to end with an effective decree, not on notice to the purchaser. Some states have amended Section 52 to require registration of a notice of the pending suit, so the state-specific text should be checked.
A buyer who is bound in this way is not always a necessary party to the suit, and can seek to be joined in it to protect their interest. The doctrine applies only where the suit is genuine, the property is specifically in question and the suit is not collusive.