If you are stuck in such a situation, here is what to do.

Mr. Rohan finds himself in a complex situation. He has invested his resources and efforts into constructing a house on a parcel of land that is legally owned by his mother, Mrs. Priya. However, a matrimonial dispute has arisen between his parents. His father, Mr. Alok, has initiated legal proceedings against Mrs. Priya and, as part of this case, has successfully obtained a court order to attach both the land and the newly built house. Rohan is now concerned and wants to know if it is legally possible for him to get the house registered in his name, given the ongoing litigation and the court’s attachment order.

Advice in such cases

Navigating property issues during active litigation is exceptionally complex. The primary legal hurdle here is the court’s attachment order and the doctrine of *lis pendens* (meaning, “suit pending”). This doctrine prevents the transfer of any property that is the subject matter of a lawsuit, in order to protect the rights of the parties involved and ensure the court’s final decision is not rendered meaningless. Attempting to register the property during this period can lead to serious legal complications.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.

Applicable Sections of Law

This situation is primarily governed by civil laws rather than criminal statutes. The key legal provisions are:

• Section 52 of the Transfer of Property Act, 1882: This section contains the doctrine of *lis pendens*. It states that during the pendency of a suit in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit so as to affect the rights of any other party thereto under any decree which may be made therein, except under the authority of the Court.
• Code of Civil Procedure, 1908 (CPC): The provisions related to ‘Attachment of Property’ (Order 21 and Order 38) outline the legal process and consequences of a court attaching a property to secure a claim or in execution of a decree.

If you are the complainant

If you are in the position of Mr. Alok (the father who filed the case), your actions are aimed at securing your financial or proprietary claim in the dispute. By getting the property attached, you have legally restricted its transfer. This ensures that the defendant (Mrs. Priya) cannot sell, gift, or otherwise alienate the property to a third party (like their son, Rohan) to defeat your claim. Your lawyer would have ensured that the attachment order is communicated to the local Sub-Registrar’s office, which would create a legal encumbrance on the property, preventing any new registration.

If you are the victim

If you are in Rohan’s position, your desire to register the property is understandable, but legally problematic. You cannot get a clear and valid title or registration for the house as long as the court’s attachment order is in force. The Sub-Registrar is legally bound to refuse registration of a property that is under attachment. Even if a transfer were to be registered through some oversight, it would be subject to the final outcome of the court case. If the court rules in favor of your father, the transfer to you could be declared void. Your primary legal recourse is to support your mother in contesting the lawsuit and seeking to have the attachment order vacated by the court.

How the police behave in such cases

Property disputes of this nature are civil matters, and the police have a very limited role. They do not get involved in determining ownership or the validity of a property transfer. Their involvement is typically restricted to situations where a court directs them to provide assistance, such as enforcing an injunction, preventing a breach of the peace at the property, or if a specific criminal complaint is filed (e.g., for criminal trespass or intimidation). In this scenario, the police would direct the parties to resolve their dispute in the civil court.

FAQs people normally have

• What does it mean for a property to be “attached”?
  Attachment is a legal process where a court takes custody of a property to secure a claim. It prohibits the owner from transferring or creating any charge on the property until the court case is resolved or the attachment is lifted.
• Can I build on a property that is under litigation?
  While you might physically be able to build, any construction on a litigated property is done at your own risk. The structure may become part of the disputed property, and you may not be able to claim separate rights or compensation for it, depending on the court’s final verdict.
• Can a property be gifted or sold while a case is pending?
  As per Section 52 of the Transfer of Property Act, any such transfer will be subject to the court’s final decree. The new owner’s rights will be subservient to the outcome of the litigation, meaning they could lose the property if the seller loses the case.

What evidence is required?

The evidence depends on which side of the dispute you are on:

• For the Complainant (Mr. Alok): Evidence supporting his claim in the main suit (e.g., proof of financial contribution to the property), the court’s attachment order, and proof of service of the order to the relevant authorities.
• For the Defendant/Owner (Mrs. Priya and Rohan): The original title deeds of the land showing her ownership, proof of funds used for construction (to argue the house is a separate asset), and legal arguments and evidence to counter the father’s claims and challenge the validity of the attachment.

How long will the investigation take?

This is not an “investigation” in the criminal sense but a civil litigation process. Civil cases in India, especially property disputes, can be lengthy. The duration depends on the complexity of the case, the number of witnesses and documents, the court’s schedule, and procedural tactics used by the parties. It can easily take several years to proceed through the trial court, with the possibility of further appeals to higher courts, extending the timeline significantly.

Advocate Sudhir Rao, Supreme Court of India