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PROPERTY LAW

Course Code: LAW2505 Credit Units: 04

Course Objective:
The subject imparts to the student an understanding of the law in India relating to transfer of
immovable property and the norms and doctrines that aid in carrying out secure transactions in this
regard.

Course Contents:

Module I: Jurisprudential Basis (Sections 5-21)


Concept and meaning of property – New property, Kinds of property – movable and immovable
property, tangible and intangible property,

Module II: Sale of Immovable Property


Doctrine of Election Sec. 35, Fraudulent Transfer Sec. 53 ; Sale of immovable property ( Secs. 54 –
55). (Sale, Contract of Sale; Contract to sell; Rights and Liabilities of buyer and seller).

Module III: Specific Transfers


Mortgages of immovable Property: Secs. 58 – 77 (Kinds of mortgage, Rights and Liabilities of the
mortgagor and mortgagee, Marshalling and Contribution (Secs. 81 – 82), Redemption (Secs. 91 – 96).

Module IV: Leases


Leases (Secs. 105 – 117): Definition, Leases how made, Rights and Liabilites of lesser and lessee,
Charges (Section, 100 – 104).

Module V: Easements
Creation of Easements (Secs. 4 – 7), Nature and characteristics of Easements, Extinction,
Suspension and Revival of Easements (Secs. 37–51), Riparian Rights, Licenses (Secs. 52 – 64).

Module VI
Indian Stamp and Registration Act.

Examination Scheme:

Components P/S/V CT A C EE
Weightage (%) 10 10 5 5 70

Text & References:

 Mulla, D.F., Transfer of Property Act.


 Shukla, S.N., Transfer of Property Act.
 Shah, S.M., Transfer of Property Act.
 Tripathi, Lectures on Indian Easement Act.
 Jain, J.D., Indian Easement Act.

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