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The disputed land buyer’s ownership is automatically subject to the court’s final judgment under the Doctrine of Lis Pendens, says Andhra Pradesh High Court.
The HC ruling reinforces a crucial legal principle for property buyers: purchasing land that is already under litigation is a high-risk transaction.
In a significant ruling that puts real estate buyers on notice, the Andhra Pradesh High Court has held that a person who purchases disputed land while a title case is pending does not need to be made a party to the suit, as the buyer’s ownership is automatically subject to the court’s final judgment under the Doctrine of Lis Pendens.
The verdict, delivered on January 8, 2026, arose from a long-running title dispute over ancestral agricultural land in Korlagunta village in Annamayya district of Andhra Pradesh. The case was filed by three brothers against their relatives, seeking a declaration of title over the ancestral property and a permanent injunction to restrain interference with their peaceful possession and enjoyment of the land.
While the title dispute was still pending before the trial court, one of the relatives sold a portion of the disputed land to an outside buyer, Reddy. The relatives claimed that out of 3.45 cents of ancestral land, the seller owned a 50 per cent share and had been in possession of it until it was sold. Initially, the relatives denied executing any sale deed and accused the brothers of fabricating the claim. However, one of them later admitted before the court that he had indeed sold part of the land, but asserted that the sale was only from his claimed 50 per cent share and not from the brothers’ portion of the ancestral property.
The seller further acknowledged that a registered sale deed had been executed in favour of Reddy on November 5, 2018. Following the transaction, Reddy’s name was also mutated in the property records, reflecting his claimed rights over the land.
Citing this development, the three brothers approached the trial court seeking to implead Reddy as Defendant No.7 in the pending title suit. They argued that since part of the disputed property had been sold to a third party, his presence was necessary for effective adjudication of the case.
The trial court, however, rejected the plea. It ruled that even if the sale had taken place, it was hit by the Doctrine of Lis Pendens under Section 52 of the Transfer of Property Act, 1882. Under this doctrine, any transfer of property during the pendency of a suit does not create independent rights in favour of the purchaser and remains subject to the final outcome of the litigation. Consequently, the purchaser would be bound by the court’s final decision irrespective of whether he was made a party to the suit.
The Andhra Pradesh High Court upheld this reasoning and dismissed the brothers’ challenge to the trial court’s order. The High Court ruled that a buyer who purchases property during the pendency of a title dispute is not a necessary party to the suit, as his rights automatically flow from and depend upon the final judgment in the case.
The court observed that since the buyer would be bound by the ultimate decision in the title dispute, his non-joinder would not cause any prejudice to the adjudication of the case. Allowing such purchasers to be impleaded as a matter of course, the court indicated, could unnecessarily complicate and delay property disputes.
With this, the High Court allowed the main title suit between the brothers and their relatives to continue without adding the outside buyer as a defendant.
The ruling reinforces a crucial legal principle for property buyers: purchasing land that is already under litigation is a high-risk transaction. Even a registered sale deed and mutation in revenue records do not insulate a buyer from the consequences of a pending title dispute. In such cases, the buyer effectively steps into the shoes of the seller and must accept the final verdict of the court—win or lose—without demanding a separate hearing.
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January 17, 2026, 09:22 IST
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