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PROPERTY LAW

SUBJECT CODE: 2048

UNIT- I

General principles of Transfer of Property by act of parties inter- vivos-Concept

and meaning of immovable property- Transfer of Immovable property- Persons
Competent to transfer – Operation of Transfer- Conditions restraining alienation
and restriction repugnant to the interest created- rule against perpetuity and
exceptions- Direction for accumulation- Vested and Contingent interest, void
conditions, Rule of acceleration, fulfilment of conditions subsequent.

Questions:

1. Define Transfer of Property. What are the essentials of a valid

transfer?
2. Define Transfer of Property. Discuss the legal requirements of a valid
transfer.
3. What is meant by notice? Explain the applicability of notice under the
provisions of T. P. Act.
4. Explain vested interest and contingent interest and discuss the
difference between the two kinds of interests.
5. Define the term „Immovable property‟. State the properties which are
judicially recognized as immovable properties.
6. State the rule against perpetuity as provided in the Transfer of
Property Act.
7. Explain the „Rule against perpetuity‟ and state whether the rule
against perpetuity is applicable to contracts for pre-emption?
8. “All kinds of properties are transferable”. Comment.
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9. Explain the effects of condition restraining alienation of property.

10. Explain the meaning of the term „Notice‟ and distinguish between actual
notice and constructive notice.
11. Explain the conditions restraining alienation and enjoyment.
12. Define immovable property. What property can be transferred?
13. Examine the concept of „Transfer of Property‟. State the exceptions
relating to it.
14. Discuss the rule against perpetuity. State the exceptions to the rule.
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Short Notes:

1. Immovable property
2. Whether partition is transfer? Discuss.
3. Direction for accumulation
4. Notice
5. Vested interest and contingent interest
6. Attestation
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UNIT – II

Doctrine of election- Transfer by ostensible and co-owner- Apportionment-

Priority of rights- Rent paid to holder under defective title- Improvements made
by bonafide holder- Doctrine of Lis pendens - Fraudulent transfer and part-
performance.

Questions:

1. Discuss the rules relating to the transfer of property made for the
benefit of an unborn person.
2. Explain the doctrine of Part performance.
3. “The foundation of the doctrine of election is that a person taking the
benefit of an instrument must also bear the burden of it”. Comment.
4. Define the term ostensible owner and state the principles
governing the transfer by such ostensible owner.
5. Discuss the doctrine of fraudulent transfer under transfer of Property
Act and state the exception to thus doctrine.
6. Who is an ostensible owner? When can a transferee from an ostensible
owner get a good title against the real owner?
7. Explain doctrine of lis pendens. Discuss whether the doctrine
applies to court sales.
8. Discuss the provision relating to the “doctrine of election”.
9. “Every transfer of immovable property made with intent to delay or
defraud the creditors shall be voidable”. Discuss.
10. What is lis pendens? Mention the conditions necessary before this plea
can be raised.
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Short Notes:

1. Part-performance
2. Write a note on Apportionment
3. State the effects of rent bonafidely paid to the owner under
defective title.
4. Improvements made by bonafide holder
5. Doctrine of Apportionment
6. Doctrine of Election
7. Fraudulent transfer
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UNIT – III

Mortgages of Immovable property: Definition- Kinds of mortgages and their

features- Rights and liabilities of mortgagor and mortgagee- Priority of
securities- Marshalling and contribution- Charges.

Questions:

1. “Once a mortgage is always a mortgage”- Explain.

2. Define mortgage. State the different kinds of mortgages.
3. Explain the law relating to the mortgagors right of redemption.
4. Define mortgage. Discuss different kinds of mortgages in brief.
5. State the circumstances under which the conditions imposed by the
mortgagee amounts to clog on the right of redemption.
6. “Mortgagors right of redemption is a statutory right and the same
cannot be contracted out”. Discuss.
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UNIT – IV

Sale of immovable property: Right and liabilities of seller and buyer before and
after completion of sale- Difference between sale and contract for sale; Leases
of immovable property: Definition- Scope- creation of lease- rights and
liabilities of lessor and lessee- Determination and holding over; Exchange:
Definition and mode- Actionable Claims; Gifts: Scope- meaning- mode of
transfer- universal gifts- onerous gifts.

Questions:

1. Define Lease. State the essentials of Valid Lease.

2. What are the right and liabilities of seller under Transfer of Property Act?
3. What are the important ingredients of a gift? When is a gift revocable?
4. Define lease. State in brief rights and liabilities of lessee.
5. What are the essentials of gift? How gift can be effected?
6. State the distinction between the following:
a) Sale and Agreement to Sell
b) Redemption and Foreclosure
7. Define „Gift‟. What are the essential features of Gift? How gift can be
effected?
8. What is lease? How lease may be determined?
9. Define sale. Distinguish it with contract for sale.
10. Define “gift”. Explain principles relating to revocation of a gift.
11. Explain the essentials of lease and what are the liabilities of lessee?
12. Define Gift. Describe how the immovable properties are created.
13. Define Sale. Explain the rights and liabilities of seller before and after
completion of sale.
14. Define Gift. Explain the essentials of Gift.
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Short Notes:

1. Transfer by Co-owner
2. Onerous Gift
3. Determination of lease
4. What are the legal presumptions as to the duration of lease?
5. Write a note on “Donatio mortis causa”
6. Sale
7. Exchange
8. Sale and contract for sale
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Unit – V

Law of Trusts with Fiduciary Relations: Definitions of Trust and its

comparison with other relationships like Debt, Ownership, Bailment,
Agency and Contract; Kinds of Trusts- Creation of Trust- Appointment of
Trustees- Duties and Liabilities of Trustees- Rights and Powers of
Trustees- Disabilities of Trustee- Rights and Liabilities of the
Beneficiary- Vacating the office of trustee and Extinction of Trusts.

Questions:

1. Define Trust. Distinguish it with

1) Agency and 2) Bailment.
2. Discuss the provisions of Indian Trust Act in relation to the
creation and extinction of trusts.
3. Discuss the General authority of a trustee and their statutory powers.
4. Define Trust and distinguish trust from ownership and bailment.
5. Define trust. Explain various kinds of Trusts.
6. Define „Trust‟ and discuss the rights of beneficiary of trust.
7. What are the duties and liabilities of a trustee?
8. Enumerate the rights of a beneficiary under the Indian Trust Act.
9. Explain the rights and duties of a Trustee.
10. Distinguish between “Trust and Bailment”.
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Short Notes:

1) Pre-emption.
2) Write a note on Public Trust.
3) Write a note on extinction of trust.
4) Disabilities of Trustee