Sale deed pendente lite is not void ab initio.
TP Act Section 52.
Such transfer is neither illegal nor void ab initio, but the subsequent purchaser is bound by the litigation between the parties to the suit.
It is very well settled that section 52 of the Transfer of Property Act and the doctrine of lis pendens on which it is based do not operate to annul such transfers pendent lite, but, they operate to render the same subservient to the rights of the parties to a litigation.
Such transfer is neither illegal nor void ab initio, but the subsequent purchaser is bound by the litigation between the parties to the suit.
A reference may be made in this regard to the decision of the Supreme Court of India in the case of Thomson Press (India) Ltd. V. Nanak Builders & Investors (P.) Ltd., MANU/SC/0192/2013 : (2013) 5 SCC 397 (Paras 26 to 29).
If such sale is in violation of any injunction or restraint order then the legal position may be different.
Anil Kumar Singh vs. Pappu and Ors. (10.01.2022 – ALLHC) :
MANU/UP/0038/2022