TRIMESTER IV

Title of the subject: Law of Property and Easement

Subject code: LLB201A Credits: 4
Rationale:
The course on property law conventionally deals with the Transfer of Property Act, 1882, which mainly governs the
transfer of property between two living persons. The Act refers to certain kinds of transfer of property, such as sale of
property, lease or renting of property, mortgage of property, gifting property and exchange of property. Apart from
these, there are certain other transactions which resemble transfer of property, though they do not actually amount to a
transfer such as partition, availing paying guest accommodation, creation of a charge etc. More than a century has
elapsed since the passing of the Act and far reaching changes have occurred in the field of property laws owing to
altered social conditions. The obsolescence of the Transfer of Property Act can be best illustrated by citing the
provisions relating to leases on immovable properties. The provisions relating to leases under the Act are not
applicable to agricultural leases; and even with respect to urban immovable property, the provisions are not applicable
to the most dominant type, namely, housing under the rent control legislation.
Objectives:
The main object is to regulate the transmission of property between living persons.
 To amend or regulate the law relating to transfer of property by the acts of the parties.
 It completes the Code of Contract since it is an enacted law for transfers that take place in furtherance of a contract.
 To provides a law parallel to the existing laws of testamentary and intestate transfers.
 To apply the principles of Justice, Equity and Good Conscience if a particular case is not governed by any
provision of law.

Intended learning outcomes:

 The student will be able to demonstrate knowledge and understanding of:
 The distinction between proprietary and personal interests and its relevance to land;
 freehold and leasehold estates and legal and equitable interests in land;
 Trusts of Land with particular reference to co-ownership of the family home including the holding and management
of co-owned land;
 legal and equitable formalities for the creation and disposition of estates and interests in land; priority of interests in
registered land;
 Commercial interests including mortgages, easements and covenants.

Module I
 Jurisprudential Controls of Property
 Concept and meaning of property - new property -
 Government largesse.
 Kinds of Property - movable and immovable property - tangible and intangible property - intellectual property -
copyright - patent and designs - trademarks.
 The concept of possession and ownership - finder of lost goods.
Module II
 Law relating to Transfer of Property
 General Principles of Transfer of Property.
 Definition of Transfer of Property - what may be transferred - competence to transfer property.
 Rules regarding transfer: Movable and Immovable Property.
 Kinds of transfer - Oral transfer, conditional transfer.
 Conditions/Restrictions affecting interests (Section 10,11, 12).
 Transfer for benefit of unborn persons.
 Rules against perpetuity.
 Vested Interest - Contingent Interest.
 Elections.
 Transfer of Immovable Property.
 Transfer by some persons: Ostensible owner - persons having authority to revoke former transfers - unauthorized
person subsequently acquiring interest in property transferred – co-owner, Joint transfer for consideration - by persons
having distinct interest.
 Priority of rights created by transfer.
 Fraudulent transfer, part performance.

Module III
 Specific Transfers : Immovable Property
 Sale and Law relating thereto.
 Mortgage and Law relating thereto.
 Redemption
 Charges
 Leases
 Exchange
 Gifts
 Actionable claims

Module IV
 Easements
 Nature and characteristics of Easement.
 Imposition, Acquisition and Transfer.
 Incidents of Easement.
 Disturbance of Easement.
 Extinction, Suspension and Revival of Easement.
 Extinction of Easement. (Section 37-48)
 Suspension of Easement. (Section 49-50)
 Revival of Easement.(Section 51)
 Licenses. (Section 52-64)
Case Laws:
 YashpalLala Shiv Narainvs v. Allatala Tala Malik Waqf Ajakhan AIR2006All115
 Sabir Hussain vs Allahtala Owner Waqf Alal Aulad ... on 10 November, 2003
 Atmaram Sakharam Kalkye vsVaman Janardan Kashelikar on 17 October, 1924
 Bhaiya Ram Hargo Lalvs Mahavir Prasad MurariLal Mahajan on 26 July, 1968
 The Jumma Musjid Mercara By Its ... vs Kodimani Andra Devaiah And Ors. on 5 November, 1952
 Shesh Mal And Ors. Vs Harak Chand And Ors. on 15 April, 1982
 Tippayya Kuppayya Vaidya vs Rama Narayana Hegde And Ors. on 25 October, 1960
 Gtovs P.J. Kurian on 31 January, 2005
 V. Dhanapal Chettiarvs Yesodai Ammal on 23 August, 1979
 Jugal kishore Saraf vs Raw Cotton Co. Ltd on 7 March, 1955
 Dev Raj Dogra And Ors vs Gyan Chand Jain And Ors on 10 March, 1981
 Acitvs Smt. Pushpa Devi Jain [Alongwith ... on 28 December, 2004

Text Books:
 Avtar Singh, Transfer of Property Act. 2nd Edition, ULP, 2011 edition, (1966)
 Poonam Pradhan Saxena, Property Law, 2nd Ed. Lexis Nexis Butterworths Wadhwa, Nagpur (2011)
 Row Sanjiva, Transfer of Property, Universal Law Publishing Co. Pvt. Ltd. Delhi, (2011)
 Sarthi, Vepa. P., Transfer of Property, Eastern Book Publication, 2nd edition, (2007)
 Setalvad Atul Motilal Mulla's Transfer of Property Act 1999; N. M. Tripathi (Bombay), 6th
 Shaha S M , Principles of Law of Transfer, Allahabad Publication, 2nd Edition

,(1969)
 Subbarao, Transfer of Property, Eastern Book Publication, 2nd edition, (2002)
 Upadhyaya C. B., Law of Easements, Malhotra Publishing House, Allahabad, 2nd edition (2010)

References:
 Transfer of Property Act, 1882
 Mulla Transfer of Property by G. C. Bharukha