संक्षेप में: अगर ज़मीन पर कोई मुक़दमा चल रहा है और आप उसी दौरान ख़रीदते हैं, तो मुक़दमे का फ़ैसला आप पर भी लागू होगा (संपत्ति अंतरण अधिनियम, धारा 52)। पैसा देने से पहले अदालत और राजस्व मामलों की जाँच करें, विक्रेता से लिखित घोषणा लें और वकील से नतीजे पढ़वाएँ।
What Section 52 says
While a suit or proceeding is pending — one that is not collusive, and in which a right to immovable property is directly and specifically in question — the property cannot be transferred or otherwise dealt with by any party to it so as to affect the rights of any other party under the decree or order that may be made, except under the authority of the court and on the terms it sets. The case counts as pending from the day it is filed until it is finally decided and the decree is satisfied — or can no longer be executed.
In plain words: a buyer during the case steps into the seller’s shoes, including the seller’s risk of losing.
The cases that catch buyers
- Partition suits between heirs — one heir sells land the others say is not his alone. See partition (batwara).
- Specific performance suits by an earlier buyer who had an agreement to sell — see when courts enforce an agreement to sell.
- Suits to declare title, cancel an earlier sale deed, or restrain a sale (injunctions).
- Revenue cases — objections to a mutation, correction of entries, partition and boundary matters under the Rajasthan Tenancy Act and the Rajasthan Land Revenue Act.
Where to look
- Civil courts. District and lower civil courts are on the national eCourts services system (services.ecourts.gov.in, and the eCourts Services app). Search case status by party name — each present owner, and the person they bought from — court by court in the district, with spelling variants of every name. The Rajasthan High Court publishes case status on its own website.
- Revenue courts. These cases are heard by the tehsildar, the SDO, the Collector, the Revenue Appellate Authority and the Board of Revenue at Ajmer. Online search for them is not uniform in Rajasthan, so ask in writing at the tehsil and the SDO’s office whether any case is pending on the khasra, and read the jamabandi and the mutation register for any note of a dispute or an order.
- Registered documents. A search at the Sub-Registrar’s office for documents registered on the land shows earlier sales, mortgages and registered agreements.
- People. Neighbours, the patwari and anyone in possession of the land often know of a dispute that is not yet on paper.
What to put in writing
- A declaration by every seller that no case is pending about the land and no court or revenue order restrains its sale, recited in the sale deed, with an indemnity if it is untrue.
- Copies of any past case papers the seller mentions, and of the final orders that closed them.
- Ask your advocate whether to keep part of the price back until the mutation is done.
If you find a case
You can wait for it to end; you can buy only with the court’s permission, on its terms, as Section 52 allows; or you can walk away. Do not pay against a promise that the case “will be withdrawn” — until the court records it, it is pending. Our land fraud red flags and buying checklist cover the rest of the record, and Legal help puts you in touch with an advocate. Questions: WhatsApp +91 92502 13833.
Questions · अक्सर पूछे सवाल
What is lis pendens?
It is the rule in Section 52 of the Transfer of Property Act, 1882: while a case in which a right to the land is directly and specifically in question is pending, a party to it cannot transfer the land so as to affect the other side’s rights under the court’s eventual decree or order, except with the court’s authority. A buyer during the case is bound by its result.
Is a sale made during a case void?
No. The sale stands between the seller and the buyer, but it is subject to the result of the case. If the other side wins, the decree can be enforced against the land in the buyer’s hands.
How do I search for cases online?
For civil courts, search case status by each owner’s name on the eCourts services website or app, court by court, with spelling variants. Revenue court cases are not uniformly searchable online in Rajasthan: ask at the tehsil and the SDO’s office for any case on the khasra.
Is the seller’s written declaration enough?
It helps — it is evidence, and it gives you a claim against the seller if it is false — but it does not protect the land from a decree. Do the searches as well, and have your advocate read what they find.
Does AgriZameen check listings for court cases?
No. A listing on AgriZameen is not a certificate that no case is pending. Search yourself, ask the seller in writing, and take an advocate’s view before you pay.
AgriZameen एक स्वतंत्र निजी प्लेटफ़ॉर्म है — सरकारी संस्था नहीं। यह सामान्य जानकारी है, क़ानूनी सलाह नहीं। पैसा देने से पहले सरकारी रिकॉर्ड ख़ुद देखें और वकील से सलाह लें।