Advocate | Legal Blogger | Judicial Insights & Updates

  Supreme Court Affirms Doctrine of Merger and Lis Pendens in Property Dispute Case Analysis of INSC 368/2025: Raju Naidu v. Chenmouga Sundra & Ors. By Abhishek Jat, Advocate The Supreme Court of India has delivered a significant judgment in Civil Appeal No. 3616/2024, reaffirming foundational principles regarding the doctrine of merger, lis pendens, and the limitations of Section 53A of the Transfer of Property Act in property dispute cases. Background of the Case The dispute centered around two properties in Pondicherry referred to as 'A' Schedule property (Door No. 10, Mariamman Kovil Street, Thiruvalluvar Nagar) and 'B' Schedule property (Door No. 49, Chetty Street). The father of respondents 1-8 had purchased and subsequently transferred various interests in these properties through sale deeds and wills. The controversy arose when the father executed a sale agreement with the appellant for the 'B' Schedule property while litigation regarding the p...

  Key Doctrines Under the Transfer of Property Act, 1882 By Abhishek Jat, Advocate The Transfer of Property Act, 1882 (TPA) , serves as the backbone of property law in India, guiding transactions related to immovable and movable assets. This legislation provides clarity on ownership rights, obligations, and the legal framework governing property transfers. While the Act contains numerous provisions, certain doctrines stand out due to their significance in shaping judicial interpretations and protecting the rights of parties involved in property transactions. Here, we explore some of the most essential concepts under the TPA, offering practical insights into their legal implications. 1.      Restrictive Covenants on Property Use (Sections 10, 11, 12)- While partial restrictions on property alienation are allowed, absolute prohibitions are generally void. For example, a clause stating that a property can never be sold is invalid, but a condition requiring the ...