By Delhi Law Advocates | Property Litigation Team
High-stakes real estate litigation in the National Capital Region is frequently complicated by the unauthorized alienation of property during the pendency of civil suits. The primary statutory mechanism governing these unauthorized transfers is the doctrine of Lis Pendens, enshrined in Section 52 of the Transfer of Property Act, 1882.
At Delhi Law Advocates, we represent both plaintiffs seeking to protect their decreed rights against third-party transferees, as well as subsequent purchasers who have been defrauded into buying litigated assets.
The Absolute Nature of Section 52
The legislative intent behind Section 52 is to prevent the defeat of lawful claims through the endless transfer of property during litigation. The Supreme Court of India has unequivocally held that any transfer pendente lite (during pending litigation) is strictly subservient to the final decree.
Crucially, the defense of being a “bona fide purchaser for value without notice” is legally untenable in the face of Section 52. The transferee steps exactly into the shoes of the transferor and is bound by the court’s decree, even if they were not formally impleaded as a party to the suit.
Strategic Litigation Scenarios
1. Protecting the Decree Holder
If our client successfully obtains a decree for specific performance, partition, or declaration of title, and the defendant has maliciously sold the property during the trial, we invoke Section 52 to render the subsequent sale deeds a nullity. The executing court is bound to execute the decree against the property, ignoring the pendente lite transfers.
2. Impleadment of the Transferee (Order 1 Rule 10 / Order 22 Rule 10 CPC)
If a client discovers they have unwittingly purchased property under litigation, immediate intervention is required. While Section 52 is absolute, we strategize to implead the subsequent purchaser into the ongoing civil suit. By stepping into the shoes of the assignor, we attempt to defend the suit on merits to protect the client’s investment.
3. Suits for Recovery and Cheating
Simultaneously, if the seller intentionally concealed the pending litigation to extract the purchase consideration, we initiate immediate parallel proceedings:
- Civil: Suit for recovery of the purchase amount with penal interest.
- Criminal: Filing an FIR for criminal breach of trust and cheating (Bharatiya Nyaya Sanhita) against the fraudulent vendor.
Preventive due diligence is paramount. However, if you are already entangled in a Lis Pendens dispute, aggressive and specialized civil litigation is your only recourse. to formulate an immediate legal strategy.
Consult Our Property Litigation Experts
Delhi Law Advocates
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