Equitable doctrines protect innocent third-party purchasers and prevent litigants from frustrating court decrees during litigation.
1. Transfer by Ostensible Owner (Section 41)
Where a person is the ostensible (apparent) owner of immovable property with the consent (express or implied) of the real owner, and transfers the same for consideration, the transfer is not voidable on the ground that the transferor was not authorized, provided the transferee acted in good faith after taking reasonable care.
2. Doctrine of Lis Pendens (Section 52)
Based on the Latin maxim: Pendente lite nihil innovetur (During litigation, nothing new should be introduced).
Under Section 52, during the pendency in any court of a bonafide suit or proceeding 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, except under authority of the court.
- Landmark Case: Bellamy v. Sabine (1857) established that the rule is not based on constructive notice, but is a necessity of public policy to prevent endless litigation.
3. Doctrine of Part Performance (Section 53A)
Where a person contracts to transfer immovable property for consideration by a writing signed by him, and the transferee has taken possession of the property in part performance of the contract, and has performed or is willing to perform his part, the transferor cannot eject the transferee, even if the formal transfer deed is unregistered.
- Key Principle: It is a shield of defense for the buyer, not a sword to enforce active ownership claims.
4. Sale of Immovable Property (Sections 54-55)
Sale (Section 54): Defined as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
- Formalities: Immovable property of value Rs. 100 or upwards can only be sold by a registered instrument.
- Rights and Liabilities of Buyer and Seller (Section 55): Includes the seller's duty to disclose material defects, produce title deeds, and the buyer's duty to pay the price and bear losses after ownership passes.