DOCTRINE OF LIS PENDENS AND ITS CONTINUING CONUNDRUM IN INDIA

Abstract

The paper is an attempt to unravel the reason behind the lack of reforms in Section 52 of Transfer of Property Act, 1882, which deals with the doctrine of lis pendens. In order to discuss the issue at hand in-depth, the paper first discusses the rationale behind Section 52 TPA and the existing gaps in the formulation of the provision on the statute book. Then the paper turns the readers' attention to reforms undertaken by a few states in this respect and the recommendations of the Law Commission and Supreme Court of India to substantiate its significance. Finally, the paper concludes with a few suggestions regarding the transaction of properties and points out the underlying reason behind the lackadaisical approach of the legislature towards this important provision.