There is a court case going on over the land, yet someone bought it? So what will happen? Big decision of High Court, it is important for everyone to know!

Property dispute law: In our country, fights between brothers and relatives over land and property are not new. These cases continue in the courts for years. But imagine, if a case is going on in the court on some land, and in the meantime a third person buys a part of that land, then what will happen to that buyer?

On this big question, Andhra Pradesh High Court has given a very big and important decision, which every person buying and selling land should know.

What is the whole matter? (A story of a family feud)

The case is of Anamaiya district of Andhra Pradesh, where there was a dispute going on between a family over 3.45 acres of land.

• The three brothers said that this entire land belonged to their ancestors and their relatives had no right on it. He appealed to the court to stop these relatives from coming to our land.
• Now the dispute was going on in the court when a relative sold a piece of land to an outsider claiming his share.
• When the brothers came to know about this, they told the court that this new buyer should also be made a party in the case, so that he cannot create any new trouble tomorrow.

But, both the lower court and then the High Court rejected this application of the brothers.

Why did the court refuse to make the new buyer a party?

The court cited a very old and strong legal rule, which is called ‘Lis Pendens’. The Court clearly stated that there was no need to include a new buyer in the case because:

• When a person knowingly buys a property that is already under litigation, he is taking a risk.
• Whatever the final decision of the court, the new buyer will have to accept it, whether he is a party to the case or not.
• If the brothers win the case, the sale made by the relative will be automatically canceled and the buyer will lose money.

What is the rule of ‘Lis Pendens’? (Understand in simple language)

‘Lis pendens’ is a Latin word, which means “the case is pending”. This is a principle of law which says:

1. If you buy a property on which a case is already pending in the court, then you will have to accept whatever decision the court gives.
2. You cannot say later that “I did not know” or “I was not a party to the case, so this decision does not apply to me.”
3. This sale is valid only until the decision is in favor of the seller. If the seller loses the case, your deal will be worth nothing.

Why is this rule so important?

Just think, what would have happened if this rule had not been there? Any man, seeing the case lost, would sell his land to 10 different people, and the case would never end. This rule protects the courts from such complications and prevents the trials from getting unnecessarily long.

This decision teaches us all a big lesson: before buying any land or house, check thoroughly whether there is any court case pending on it. Otherwise, you could lose your hard-earned money in one fell swoop.