School of Law and Governance

LAW-302 PROPERTY LAW L T P C

(TRANSFER OF PROPERTY)
Version1.1 4 0 0 4
Pre-Requisites//Exposure Rule of equity, Indian Contract and Rights and Duties
Co-requisites Indian Constitution
Semester V
Programme B.A.LL.B.(H.) & B.Sc.LL.B.(H.)

1.0. Course Description:

The economic order of a country dominates the social order in the country. Economic order is
said to be totally dependent upon concept of property. To describe the economic order,
understanding of concept of property is a must. Property finds a very important place in all
legal systems. At the same time it is also considered as the root of all social evils. Therefore
the study of laws relating to property assumes greater significance in any legal system. Initially,
the Indian Constitution considered property right as a Fundamental Right but subsequently
converted the same to a Constitutional Right. It is now argue that right to property is more
secure than earlier. Besides concept of property this course mainly focuses over transfer of
immovable property between living persons. The Transfer of Property Act, 1882 and the
Easement Act, 1882 are two legislations to be dealt in this course.

2.0 Course Objectives:

The Course aims at equipping students with the concept of property. It also explains various
provisions of the Transfer of Property Act, 1882 and the Easement Act, 1882 to the students
how to make transfer of immovable property operative.

3.0 Course Outcomes:

The outcome of this course includes inter alia:

 Students would be able to understand clear, systematic and uniform law for the transfer
of immovable property.
 Students would be able to understand various provisions for transfer inter-vivos.
 Students would be able to apply the principles of Justice, Equity and Good Conscience
if a particular case is not governed by any provision of law.
 Students would be able to know various modes of transfer of property and easements
and easementary rights.

4.0 Pedagogy:
In this course various teaching-learning methods will be used which will emphasize a
cooperative learning format. Student would be encouraged to participate in class room
discussions and make presentation on given subject. Discussions will be combined with
instructor facilitated experiences and lectures. These methods particularly include:
 Class Room Discussion
 Case Studies
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 Assignment Submission
 Individual Presentation
 Seminar Paper
 Group Discussion

5.0. Evaluation Scheme:

S. No. Components Weightage
(Maximum Marks)
1 Continuous Assessment 30 Points
2 Attendance 05 Points
3 Mid-Term Examination 15 Points
4 End-Term Examination 50 Points

6.0.Text Books:
 R.K. Sinha, Transfer of Property Act (Allahabad: Central Law Agency, 17th Edition,
2016)
 Poonam Pradhan Saxena, Property Law (New Delhi: LexisNexis, 2nd Edition 2015)
 S.N. Shukla, Transfer of Property Act (Allahabad: Allahabad Law Agency, 2013)
 G.P. Tripathi, Transfer of Property Act (Allahabad: Central Law Publications, 18th
Edition, 2014)
 V.P. Sarathi, Law of Transfer of Property (Lucknow: Eastern Book Company, 5th
Edition, 2015)

Bare Acts:
 The Transfer of Property Act, 1882
 The Easement Act, 1882

Reference Books:
 Hari Singh Gour, Transfer of Property Act (New Delhi: Delhi Law House, 12th Edition,
Reprint 2013)
 Dinshaw Fardunji Mulla, The Transfer of Property Act (New Delhi: LexisNexis
Butterworths Wadhwa, 11th Edition, 2013)
 Solil Paul (ed.), Mulla’s Transfer of Property Act 1882 (New Delhi: LexisNexis
Butterworths, 9th Edition, 2003)
 P.M. Bakhsi (Ed.), S.M. Lahiri’s Transfer of Property Act, 1882 (New Delhi: India Law
House, 11th Edition, 2001)
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7.0. Course Contents:

Module I: Concept of Property and Transfer

1. Meaning and Kinds of Property
2. Theories of Property: Economic, Social and Eminent Domain
3. Right to property under the Constitution of India
4. Transfer, Transferable Properties and Operation of Transfer
5. Conditions relating to Transfers
Module II: General principles of Transfer of Property
1. Rule against Perpetuity
2. Rule of Election
3. Transfer by Ostensible Owner and Unauthorized Person
4. Transfer of Property during Pendency of Suit
5. Fraudulent Transfer
6. Part-Performance

Module III: Sale of Immovable Property

1. Sale: Definition and Nature
2. Sale versus Contract for Sale
3. Rights and Liabilities of the Buyer and Seller
4. Marshalling by Subsequent Purchaser
5. Discharge of Encumbrances

Module IV: Mortgage of Immovable Property

1. Mortgage: Meaning and Kinds
2. Rights and liabilities of Mortgagor and Mortgagee
3. Redemption and Foreclosure
4. Marshalling and Contribution, and Subrogation
5. Charge

Module V: Lease of Immovable Property

1. Lease: Meaning and Modes
2. Rights and Liabilities of Lessor and Lessee
3. Determination of Lease and Waiver of forfeiture
4. Exchange and Gift of Property
5. Actionable Claim

Module VI: Easements and Easementary Rights

1. Easements: Meaning and Nature
2. Imposition, Acquisition and Transfer of Easements
3. Extinction, Suspension and Revival of Easements
4. Licenses: Meaning and Nature
5. Transfer, Revocation and Eviction of Licenses
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8.0. Case Laws:

1. State of West Bengal v. Bela Banerjee AIR 1954 SC 170
2. Shantabai v. State of Bombay AIR 1958 SC 532
3. State of Orissa v. Titaghur Paper Mills Company Ltd. AIR 1985 SC 1293
4. Jilubhai Nanbhai v. State of Gujarat AIR 1995 SC 1668
5. Rajesh Kanta Roy v. Shanti Debi AIR 1957 SC 255
6. Jumma Masjid Mercara v.. Kodimaniadra Deviah AIR 1962 SC 847
7. Nathulal v. Phoolchand AIR 1970 SC 546
8. JayaramMudaliar v. Ayyaswamy AIR 1973 SC 569
9. Mohar Singh v. Devi Charan AIR 1988 SC 1365
10. Pomal Kanji v. Vrajlal K Purohit AIR 1989 SC 436
11. Shivdev Singh v. Sucha Singh AIR 2000 SC 1935
12. Mrs. Saradamani Kandappan v. Mrs. S. Rajalakshmi & Others AIR 2011 SC 3234
13. State of Bihar v. Subodh Gopal AIR 1968 SC 281
14. Delta International Ltd. v. Shyam Sunder Ganerwalla AIR 1999 SC 2607
15. Surendra Kumar v. Nathulal & Anr AIR 2001 SC 2040
16. Nawal Kishore v. Dinesh chand & others AIR 2001 SC 2542
17. Bhagat Ram and Anr v. Suresh and others AIR 2004 SC 436
18. State of Rajasthan v. Basant Nahata AIR 2005 SC 3401