What is the doctrine of lis pendens under Section 52 TPA?

When a property dispute is already in court, parties should not transfer that property to harm the other side. Any such transfer will be subject to the court’s final decree.

Is a pendente lite sale void?

No. It is not void. But the buyer takes the property subject to the result of the pending case. The buyer cannot defeat the rights declared by the court.

Did the Court grant full relief to the purchaser in this case?

No. The Court granted relief only to the extent of the stepmother’s share. The sale could bind her share, not the share of the plaintiff in the partition suit.

Was the partition suit collusive?

The Supreme Court held the suit was not collusive. Therefore, Section 52 applied, and the buyer was treated as pendente lite.

What is the key takeaway for students?

Lis pendens ties the property to the court case. A buyer during the case steps into the seller’s shoes and is bound by the final decree.

Law Easy

02 November, 2025

151

T.G. Ashok Kumar v. Govindammal — Lis Pendens under Section 52 TPA (2010) 14 SCC 370

T.G. Ashok Kumar v. Govindammal (2010) 14 SCC 370

Lis pendens under Section 52, Transfer of Property Act: a buyer during a pending case buys with risk and is bound by the final decree.

Supreme Court of India 2010 2-Judge Bench (2010) 14 SCC 370 Property / TPA §52 ~8 min

Case Meta

CASE_TITLE: T.G. Ashok Kumar v. Govindammal

PRIMARY_KEYWORDS: lis pendens, Section 52 TPA, pendente lite sale

SECONDARY_KEYWORDS: partition suit, bona fide purchaser, share allocation

PUBLISH_DATE: 2025-11-01

AUTHOR_NAME: Gulzar Hashmi

LOCATION: India

Slug: t-g-ashok-kumar-v-govindammal

Quick Summary

A buyer purchased land while a partition case was running. The Court said: the sale is not void, but the buyer is bound by the final result of that case. Relief can be given only to the seller’s own share, not beyond it. This is the heart of lis pendens under Section 52 TPA.

Issues

Is the appellant entitled to the whole suit property when the sale was pendente lite?
Can a sale during a pending suit stand against the plaintiff, in view of Section 52 TPA?

Rules

Section 52 TPA (Lis Pendens): When a suit about rights in immovable property is pending (and is not collusive), parties should not transfer the property in a way that harms the other side’s rights under the decree.
If the transferor’s title is ultimately upheld, the transferee’s title can stand to that extent. The buyer takes the risk and is bound by the outcome.

Facts (Timeline)

Timeline Image

Timeline of events in T.G. Ashok Kumar v. Govindammal

1957: Second respondent owned 4 acres 25 cents at Kakkalur, Thiruvallur. Sale deed in her favour.

1983: She mortgaged the property to the appellant’s sister, T.N. Latha.

1990: She sold the property to the appellant; possession was delivered.

Partition suit: First respondent (stepdaughter) sued, claiming half share from her father’s estate; alleged the land was not self-acquired.

1994: Partition suit decreed—first respondent entitled to half share.

Trial Court (2005): Appellant’s suit dismissed—sale hit by lis pendens; no collusion found.

High Court: Appeal dismissed; buyer treated as pendente lite.

Arguments

Appellant

Buyer in good faith; believed the seller had full title.
Sale should protect his possession and title.
The earlier suit was claimed to be collusive.

Respondents

Sale occurred during a pending partition suit—lis pendens applies.
Buyer can only step into seller’s shoes; cannot defeat plaintiff’s half share.
Suit was not collusive; decree binds the buyer to that extent.

Judgment

Judgment Image

The Supreme Court held the partition suit was not collusive. The sale to the appellant, though not void, could not bind the plaintiff’s share. However, the appellant should not lose everything. The Court decreed the suit in part—granting declaration and permanent injunction only for the share that ultimately fell to the second respondent.

Ratio Decidendi

Lis pendens binds transfers during litigation. A pendente lite buyer takes subject to the decree. Relief can run only to the transferor’s established share, not beyond.

Why It Matters

Clarifies that pendente lite sales survive only to the seller’s final share.
Protects ongoing litigation from being undercut by later transfers.
Guides conveyancing due diligence—always check for pending suits.

Key Takeaways

Not void, but bound: Pendente lite sale stands, subject to the decree.
Share-based relief: Buyer can claim only what the seller finally owns.
No collusion shield: If the suit is genuine, Section 52 applies fully.

Mnemonic + 3-Step Hook

Mnemonic: “LIS = Lawsuit Is Still-on”.

Step 1: Ask—Was a property suit pending at sale time?
Step 2: Understand—Buyer steps into seller’s shoes only.
Step 3: Outcome—Buyer gets only the seller’s final share.

IRAC Outline

Issue: Can a pendente lite purchaser claim full title against a plaintiff in a pending partition suit?

Rule: Section 52 TPA binds transfers during litigation; the buyer is subject to the decree.

Application: The sale to the appellant occurred during the partition suit. Suit not collusive. Hence, buyer bound; only seller’s share can pass.

Conclusion: Partial decree in favour of buyer to the extent of the second respondent’s allotted share.

Glossary

Lis Pendens: “Suit pending.” Transfers during a case are subject to the court’s final decision.
Pendente Lite Purchaser: A buyer who purchases property while a related suit is still pending.
Partition Suit: A case asking the court to divide property among co-owners according to their shares.

FAQs

No. It is not invalid, but the buyer is bound by the court’s final decree. The buyer cannot defeat rights declared in that suit.

Relief only for the stepmother’s share. The buyer could not claim the stepdaughter’s share declared by the partition decree.

If a suit is collusive, Section 52 may not apply. Here, the Court found the suit was not collusive, so lis pendens applied.

Run due diligence: court searches, public notices, and title checks. If a suit is pending, wait or factor the risk into the contract.

“LIS = Lawsuit Is Still-on.” Buyer is bound by the final decree; gets only the seller’s eventual share.

Comment

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