Test: Doctrine of Lis Pendens - CLAT PG MCQ

While intent to defraud is relevant in fraudulent transfers, it is not a necessary ingredient for the application of the doctrine of lis pendens. The doctrine focuses on the existence of a pending suit regarding property rights, not the motives behind any transfers made during that time.

"Lis pendens" translates to "pending litigation" and refers specifically to a situation where a lawsuit concerning the title of a property is ongoing. This legal principle prevents the creation of new interests in the property while the litigation is active, ensuring the integrity of the court's proceedings.

When a transfer is challenged on the grounds of intent to defeat creditors, the burden shifts to the transferee to demonstrate that they acquired the property in good faith and for value. This approach ensures that innocent parties are protected while addressing fraudulent actions.

A subsequent purchaser during the litigation is bound by the judgment that may be rendered against the original party from whom they derived title. This means that even if the purchaser was unaware of the ongoing litigation, they must abide by the court's decision regarding the property.

Transfers made during the pendency of litigation are not automatically void but are voidable at the option of the affected party. This means that the party whose rights are impacted by the transfer may choose to challenge it based on the outcome of the litigation.

The maxim "Pendent lite nullum innovator" means "nothing new should be introduced during the pendency of litigation." This principle underlines the importance of maintaining the status quo of property rights while a legal dispute is unresolved.

The term "lis pendens" translates to "pending litigation," derived from Latin where 'lis' means 'litigation' and 'pendens' means 'pending.' This concept is fundamental in property law, emphasizing that during litigation regarding property title, no new interests should be created to avoid complications in the court's resolution of the case.

The doctrine of lis pendens is based on 'necessity' rather than actual or constructive notice. This principle is essential for the administration of justice, ensuring that parties involved in litigation cannot transfer or alter the status of the property in dispute while a suit is ongoing, thereby preventing interference with legal proceedings.

A transfer made during the pendency of a suit is not automatically void; it is considered voidable at the option of the affected party. This means that while the transfer can be challenged, it remains valid unless the affected party chooses to contest it based on the litigation's outcome, thereby maintaining the integrity of the legal process.

Under Section 53, the intention of the transferor becomes irrelevant if the transferee has acted in good faith and provided consideration for the transfer. This highlights the section's focus on protecting the rights of creditors and subsequent transferees, ensuring that transactions conducted in good faith are not undermined by the fraudulent intentions of the transferor.