Lis Pendens: How to Check a Property for Pending Court Cases
A property that is the subject of a court case can still be sold, and the buyer then takes it with the case attached. The rule is called lis pendens, and it comes from Section 52 of the Transfer of Property Act, 1882. This article explains the rule, why the usual documents miss a pending case, and how a buyer in Bangalore can search for litigation before paying.
What Lis Pendens Means
Lis pendens is Latin for a pending suit. Section 52 applies when a suit about a right to an immovable property is before a court. While the suit lasts, no party to it may transfer the property in a way that affects the rights of the other party under the final decree, except with the court's permission.
The purpose is simple. A court's decision would be worthless if the losing side could sell the property halfway through and leave the winner to start again against a stranger. The rule keeps the property tied to the outcome of the case, whoever holds it.
The period covered is long. It begins when the plaint is filed and continues through appeals, until the decree is fully carried out. A sale made after a trial court judgment, but while an appeal is pending, is still covered.
What Happens to the Buyer
A sale made during the suit is valid between the seller and the buyer. It is, however, subject to the decree. The buyer gets only what the seller is finally found to own.
Take a site inherited by two brothers, where one brother sues for his half share and the other sells the whole site during the case. If the court upholds the claim, the buyer's title to that half fails. The buyer is left to recover the money from the seller.
Good faith does not change this. The Supreme Court has held in several cases that a buyer is bound by the decree even without any knowledge of the suit. The law expects the buyer to search before buying.
Why the Usual Documents Miss It
Most buyers rely on the title deeds and the encumbrance certificate. The certificate lists the documents registered against a property at the sub-registrar's office: sales, mortgages, releases, leases and the like. A suit is filed in a court and is not a registered document, so it does not appear.
Some states require a notice of the pending suit to be registered before the rule binds a buyer. Karnataka has no such requirement, so a suit binds a buyer here even with a clean encumbrance certificate. An attachment order may be entered in the records when the court sends it to the sub-registrar, but a plain suit leaves no trace there.
The khata, the tax receipts and the RTC are no better as a guide. They record who pays tax or who is in the revenue records, and they do not report what is before a civil court.
Where to Search for a Pending Case
A litigation search covers several forums, because property disputes are heard in more than one place. The main ones are listed below.
| Forum | What to search |
|---|---|
| District and city civil courts | The eCourts case status service, by the names of the seller and earlier owners |
| High Court of Karnataka | The court's case status search, by party name, for appeals and writ petitions |
| Revenue courts | Cases before the Tahsildar, Assistant Commissioner and Deputy Commissioner on mutation and land grants |
| Karnataka RERA | Complaints against the project and the promoter, for a home bought from a developer |
| Debts Recovery Tribunal | Recovery cases by banks against the owner or the developer |
The eCourts search works by party name, case number, advocate or filing year. Names are spelt in many ways, so a lawyer tries each spelling of the seller's name, the father's name and the names of earlier owners. The search is repeated for the court complex that covers the area where the property is located.
A search by name has limits. The property is described only inside the plaint, so a case filed against an earlier owner, or under a different spelling, can be missed. This is why the search is combined with the other steps below.
Caveats and Public Notices
A caveat under Section 148A of the Code of Civil Procedure is a notice lodged by a person who expects the other side to approach the court. It asks the court to hear the person before passing any order, and it stays in force for 90 days. A caveat that names the seller or the property is a sign that a dispute is close.
A public notice works in the other direction. The buyer's lawyer publishes a notice in an English and a Kannada newspaper, describing the property and inviting claims within a stated period. The step is a matter of practice and is not required by law, but it brings out heirs, lenders and earlier agreement holders who have stayed silent.
Local enquiry adds to both. Neighbours, the apartment association and the village accountant often know of a family dispute or a boundary quarrel long before it reaches a search result.
Where the Risk Is Highest
Pending cases are most common where many people have a claim on one property. The situations below call for a careful search.
- Inherited property, where a daughter, a sibling or a second family may claim a share
- Land sold through a power of attorney or an unregistered agreement in the past
- Property where an earlier sale agreement was cancelled or left unfinished
- Land granted by the government, or land under acquisition
- A project where the landowners and the developer have fallen out
- Property mortgaged to a bank or a private lender
A new flat bought from a developer in a registered project carries less of this risk for the flat itself. The land under the project can still be in dispute, so the title report should cover suits against the landowners.
Steps Before Signing
The points below fit into the normal title check and add little to its cost.
- Ask the lawyer for a written litigation search covering the seller and every owner in the title period.
- Obtain the encumbrance certificate for at least 30 years, and treat it as one check among several.
- Publish a public notice and wait for the claim period to end before paying the balance.
- Take a declaration in the sale agreement that no suit, appeal or attachment is pending, with an indemnity.
- Ask all adult family members with a possible share to sign the deed as consenting parties.
- For a home loan, read the bank's legal report and ask whether it included a court search.
If a case is found, the safe course is to wait for the final decision or to choose another property. A seller's promise that the case will be settled soon is no protection, because the decree binds the buyer either way. Contact us for homes in approved, RERA-registered projects across Bangalore.
