TOPIC:Critical analysis amendment act 2002, Transfer of

property act.

A Proposal made by: - Name- Mayank Shekhar

Roll-1834 B.B.A.LL. B

A Proposal submitted to: - B.R.N Sharma

A research proposal submitted in partial fulfilment for the course (T.P.A1882) for
attaining the degree B.A.LL. B(Honrs).

August, 2018

Chanakya National Law University, Nayanagar Mithapur Patna-800001

Introduction.
Ever since 1882, certain words in sec. 106 of the Transfer of Property Act, 1882, have given
rise to a lot of litigation. An amendment of sec. 106 is long overdue. The purpose of this
amendment is to eliminate this litigation in so far as it relates to computation of period of
notice and to relax some of the rigid principles laid down in some judgments which have led
to serious injustice and multiplicity of litigation. In fact, in the State of UP, by virtue of a
State Amendment under the UP Act 24 of 1954, this section was amended long back. A
similar amendment in the Principal Act was to be made so as to remove the hardship caused
to litigants in the rest of the country.

OBJECTIVE OF THE STUDY

The researcher intends to find out the how this amendment helped to eliminate this litigation
in so far as it relates to computation of period of notice and to relax some of the rigid
principles laid down in some judgments which have led to serious injustice and multiplicity
of litigation. .

HYPOTHESIS:

1) The researcher presumes that the some provisions 0f section 106 of T.P.A 1882 was
too rigid before this amendment.

RESEARCH METHODOLOGY

The researcher has adopted a purely doctrinal method of data collection

.SOURCES OF DATA

PRIMARY SOURCES
 1. TPA 1882
2. Legislative Provisions
3. Case laws

SECONDARY SOURCES
• Books

• Newspaper

• Websites

• Journals

• Magazines

REVIEW OF LITERATURE

The researcher has examined the primary and secondary sources of data in the project. The
primary sources is the TPA 1882, legal provisions and case laws. The secondary sources are
books, journals, magazines, newspaper etc.

LIMITATION

The present research is confined to a time limit of one month. The researcher has used
purposive and convenient method of data collection due to paucity of time and various
limitations of Research which includes Money, area, language etc

SCOPE OF THE STUDY

This research work on “Critical analysis amendment act 2002, TPA 1882” may be utilised
for studying various cases that cause great injustice to people due to the rigidity of provisons
of section 106 of TPA 1882.

TENTATIVE CHAPTERISATION

1.Introduction

2.TPA 1882 before and after amendment of 2002.

3. Cases and critical analysis of the change brought by this amendment

4. Conclusion and suggestion.

 BIBLIOGRAPHY

The researcher has consulted following sources to complete the rough

proposal:

Primary sources:

Primary sources include statutes, acts etc.

STATUTES AND ACTS:

1. TPA 1882

Secondary sources:

Secondary sources include books, articles, magazines, journals, websites etc.

 BOOKS:
1. Author: RK Sinha, Transfer of property act 1882 , Published by , Edition: 35th ,
(2017)
 WEBSITE:
1. https://fedsoc.org/commentary/publications/the-mens-rea-component-within-the-
issue-of-the-over-federalization-of-crime
2. https://en.wikipedia.org/wiki/Strict_liability_(criminal)
3. https://www.heritage.org/courts/report/the-supreme-court-mens-rea-2008-2015
4. https://indiankanoon.org/docfragment/1906084/?big=3&formInput=mens%20rea
%20doctypes:%20chennai