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Example
Case laws
Statutory link
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Lis pendens
| Literal meaning | A suit pending |
|---|---|
| Pronunciation | lis PEN-denz |
While a suit about a property is pending, the property cannot be transferred so as to harm the other party's rights under the final decree.
Example
A sues B over a house. During the suit B sells the house to C. If A wins, C's purchase does not bind A.
Case laws
- Bellamy v. Sabine (1857), England: a purchaser of property while a suit about it is pending takes it subject to the result of the suit.
Statutory link
Section 52 of the Transfer of Property Act, 1882 (transfer of property pending suit).
Exceptions / limits
The suit must be pending in a court with authority, must not be collusive, and must deal with the right to immovable property.
Exam tip
Asked as Section 52 of the Transfer of Property Act.
Memory trick
Suit in the air, sale in doubt.
Key takeaway
A purchaser during a pending suit takes subject to its outcome.
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