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COURSE MANUAL
Property Law

Spring 2022
(AY 2021-22)

Name/s of Faculty
Prof. Ishita Sharma
Prof. Kanishka Sewak
Prof. Neha Mishra
Prof. Raunaq Jaiswal
Prof Dharmita Prasad
Prof Arunima Saraf
Prof. Aloke Prabhu

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CONTENTS

PART I
General Information……………………………………………………………………………… 3

PART II

a. Course Description…………………………………………………………………………………4

b. Course Aims……………………………………………………………………………………..4

c. Intended Leaning Outcomes ……………………………………………………...........5

d. Grading of Student Achievement………………………………………………….......5

PART III
a. Keyword Syllabus……………………………………………………………………………7
b. Course Policies………………………………………………………………………………..7

PART IV

a. Weekly Course Outline ………………………………………………………….............9

b. Readings……………………………………………………………………………………… 13

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PART I

General Information

General Information on, Property Law, offered by Jindal Global Law School

of the AY 2021-22

The information provided herein is by the Course Coordinator. The following information contains the
official record of the details of the course.

This information shall form part of the University database and may be uploaded to the
KOHA Library system and catalogued and may be distributed amongst Second year Law
students for B.A.LL.B. (Hons), B.B.A.LL.B. (Hons); B.Com. LL.B. (Hons), B.A. (Hons)
Legal Studies, LL.B.; LL.M. courses if necessary.

Course
Title: Property Law
Course
Code: LW 1304
Course
Duration: One Semester
No. of Credit
Units: 4
Level: BA/BBA-LL.B
Medium of
Instruction: English

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PART II

a. Course Description
This course, keeping with the mandate of the Bar Council, is mainly concerned with
understanding the law concerning the transfer of rights in property - and particularly, immovable
property. A bulk of the time allocated for this course will therefore, be spent on developing an
understanding of the provisions of the Transfer of Property Act, 1882. At the end of the course,
the students can expect to emerge with a sound theoretical knowledge of the law to give effect to
commercial land transfers like sale, lease, license and mortgage, and draft basic conveyance
documents. And, to the extent necessary for this purpose, the students will also be introduced to
the law on stamp duty and registration.
That said, there are several other legislations that influence the legal relationships that arise out of
ownership of property, and the distribution of property – for instance, the various rent control
legislations, land ceiling laws, land acquisition laws, the legislation on forest rights; and this,
apart from local laws relating to land use, zoning and safety. This course is able to only briefly
touch upon (some of) these aspects, due to the strict prescription of the Bar Council for this
course. It is therefore, an incomplete picture of ‘property law’ despite its otherwise misleading
title. For the same reason, the political import of the law on creation, recognition and transfer of
property rights and its impact on social relations tends to be somewhat obscured. Nonetheless,
close attention to some of the reading material will certainly reveal the relationship that the law
bears with questions of socio-economic inequality, efficient use of resources and distribution of
property.
The table at the end of this document provides a detailed listing of the various topics that will be
covered in this course, along with case laws illustrating each topic. 1 This list however, is only
intended to serve as a minimal course manual – and, the faculty may, depending on constraints of
time, expand the syllabus, either by adding more case law or more topics as they deem fit.

b. Course Aims

The course seeks to provide students with:

- sound understanding of some of the key concepts under the Transfer of Property Act, 1882;
- functional knowledge of Stamp and Registration Laws

1
In compiling this list we have drawn upon our own experience teaching the subject, as well as consulted the model
syllabus provided by the Bar Council and Delhi University on their website.

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- familiarity with key debates on the right to property under the Constitution;

c. Intended Learning Outcomes

Course Intended Weightag Teaching and Learning Assessment

Learning e Activities Tasks/
Outcomes Activities

By the end of the course, students

should be able to: Case Analysis
Identify and 50% Students should be able to Notes and
Understand Laws identify appreciate and Comments
Analyze Laws and 30% understand related laws Research
Judicial through application of mind Papers
Pronouncements
and to critique and improve the Drafting of
Critique and 20%
legal scholarship in the process. Contracts
Comment on Laws

d. Grading of Student Achievement2,3

To pass this course, students must obtain a minimum of 40% in the

cumulative aspects of coursework, e.g. moot, and final examination. End of
semester exam will carry 50 marks out of which students have to obtain a
minimum of 15 marks to fulfil the requirement of passing the course.

The details of the grades as well as the criteria for awarding such grades are provided
below.

Letter Percentage Grade Definitions

Grade Of marks
O 80% and above Outstanding Outstanding work
with strong evidence

2
Under extraordinary circumstances, the JGU Academic Council or the JGU Deans’ Council can suspend
Clause D or make it optional. If Clause D is suspended, the policy which will be framed by the School
based on the decision of the said bodies will supersede Clause D. However, whether a situation is
extraordinary or not will be decided by the said bodies only.
3
Due to the COVID 19 pandemic, the Office of Academic Affairs may suggest changes/amendments or
suspend certain policies relating to the number of assessments and other examination related policies. 

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of knowledge of the
subject matter,
excellent
organizational
capacity, ability to
synthesize and
critically analyse and
originality in
thinking and
presentation.
A+ 75 to 79.75% Excellent Sound knowledge of
the subject matter,
thorough
understanding of
issues; ability to
synthesize critically
and analyse
A 70 to 74.75% Good Good understanding
of the subject matter,
ability to identify
issues and provide
balanced solutions to
problems and good
critical and
analytical skills.
A- 65 to 69.75% Adequate Adequate knowledge
of the subject matter
to go to the next level
of study and
reasonable critical
and analytical skills.
B+ 60 to 64.75% Marginal Limited knowledge
of the subject matter,
irrelevant use of
materials and poor
critical and
analytical skills.
B 55 to 59.75% Poor Poor comprehension
of the subject
matter; poor critical
and analytical skills
and marginal use of
the relevant
materials.
B- 50 to 54.75% Pass “Pass” in a pass-fail
course. “P” indicative
of at least the basic
understanding of the
subject matter.

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION 

Letter Percentage Grade
Interpretation  
Grade of Marks Points
Pass 1: Pass with Basic understanding of the subject
P1 45 - 49 2
matter.

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NEW COURSE LETTER GRADES AND THEIR INTERPRETATION 

Letter Percentage Grade
Interpretation  
Grade of Marks Points
Pass 2: Pass with Rudimentary understanding of the
P2  40 - 44 1
subject matter.
Fail: Poor comprehension of the subject matter; poor
F Below 40 0 critical and analytical skills and marginal use of the
relevant materials. Will require repeating the course.
‘P’ represents the option of choosing between Pass/Fail
grading system over the CGPA grading system in the
COVID 19 semester in Spring 2020. The option is
P Pass  
provided when students attain a minimum of 40
percentage marks under the current grading structure in
a given subject. 
Extenuating circumstances preventing the student from
completing coursework assessment, or taking the
examination; or where the Assessment Panel at its
I Incomplete   discretion assigns this grade. If an "I" grade is
assigned, the Assessment Panel will suggest a schedule
for the completion of work, or a supplementary
examination. 

PART III

a. Keyword Syllabus
Constitution; right to property; eminent domain; takings; land reforms; compensation; public
purpose; historical background; applicability of the Act; definition of property; movable;
immovable; registration; stamp duty; transfer of property; spes successionis; conditional
transfer; absolute interest; restrictive covenants; restrictions on alienation; vested interest;
contingent interest; transfer to unborn; rule against perpetuity; co-owners; lis pendens;
fraudulent transfer; part performance; adverse possession; sale; buyer; seller; sale deed;
mortgage; mortgagor; mortgagee; foreclosure; receiver; subrogation; redemption; lease;
license; lessor; lessee; assignment; charge; fixed and floating charge; gift; donor; donee; gift
deed; exchange; actionable claims; easement; real estate.

b. Course/Class Policies

Cell Phones, Laptops and Similar Gadgets

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The course instructor will regulate the use of gadgets based on the day today class
requirements.

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we have
learned, and how reading and learning from others have helped us shape our own ideas. Even our
own ideas demand an acknowledgement of the sources and processes through which those ideas
have emerged. Thus, all ideas must be supported by citations. All ideas borrowed from articles,
books, journals, magazines, case laws, statutes, photographs, films, paintings, etc., in print or
online, must be credited with the original source. If the source or inspiration of your idea is a
friend, a casual chat, something that you overheard, or heard being discussed at a conference or
in class, even they must be duly credited. If you paraphrase or directly quote from a web source
in the examination, presentation or essays, the source must be acknowledged. The university has
a framework to deal with cases of plagiarism. All form of plagiarism will be taken seriously by
the University and prescribed sanctions will be imposed on those who commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavors to make all its courses accessible to students. All students with any known
disability needing academic accommodation are required to register with the Disability Support
Committee dsc@jgu.edu.in. The Committee has so far identified the following conditions that
could possibly hinder student’s overall well-being. These include: physical and mobility related
difficulties; visual impairment; hearing impairment; medical conditions; specific learning
difficulties e.g. dyslexia; mental health.

The Disability Support Committee maintains strict confidentiality on the matters under its
purview. Students should preferably register with the Committee during the month of
June/January as disability accommodation requires early planning. DSC will coordinate all
disability related services such as appointment of academic mentors, arranging infrastructural
facilities, and course related requirements such as special lectures, tutorials and examinations.

All faculty members are requested to refer students with any of the above-mentioned conditions
to the Disability Support Committee for getting them disability-related accommodation. Faculty
members are also requested to be sensitive to the needs of such students and cooperate with
Disability Support Committee and the School, extending students the necessary support by
maintaining utmost confidentiality of the matter.

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To make sure
that all students collectively benefit from the course, and do not feel disturbed due to either the
content of the course or the conduct of the discussions. Therefore, it is incumbent upon all within

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the classroom to pledge to maintain respect towards our peers. This does not mean that you need
to feel restrained about what you feel and what you want to say. Conversely, this is about
creating a safe space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the scope of the
Safe Space Pledge with the class.

PART IV

a. Weekly Course Outline

Week Broad Particulars Essential Readings Suggested Readings
Topic
1 Introductio Meaning of Jeremy Waldron, What is WH Hohfeld, Some
n Private Property; Private Property?, 5 Oxford Fundamental Legal
(2 the different legal Journal of Legal Studies 313 Conceptions as Applied in
classes relations entailed (1985) Judicial Reasoning, 23(1) Yale
) LJ 16 (1913).

2 Types of Definition of S. 3 TPA, S. 3(26) General Specific Relief Act – S. 5 and

(2 Property Movable and Clauses Act and the S. 6
classes Immovable Registration Act.
) property. 1. Ananda Behera v. State of Commissioner Of Central
Orissa (1955) 2 SCR 919 Excise, Ahmedabad v Solid
2. Shantabai v State of And Correct Engineering
Bombay, AIR 1958 SC Works And Others, (2010) 5
532 SCC 122
3. Suresh Chand v. Kundan
(2001) 10 SCC 221
4. Duncan Industries Ltd. v
State of Uttar Pradesh,
(2000) SCC 633
5. Triveni Engineering &
Industries Limited v.
Comm. of Central Excise
(2000) 7 SCC 29

3 Registratio Requirement of S. 17 and 18 of the Indian Indian Stamp Act to be referred

(1 n and Registration/Stam Registration Act  to and the schedule to be
class) Stamp Duty p; Consequences Indian Stamp Act discussed briefly
of Failure. 6. Suraj Lamps Pvt. Ltd. v Gurcharan Singh v. Angrez
State of Haryana, 2011 Kaur (2020) 10 SCC 250
(11) SC 438.

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Week Broad Particulars Essential Readings Suggested Readings

Topic
3-4 Transfer What is Transfer? Ss. 2(d), 5, 6, 43, 8 and 9, Kenneth Solomon v. Dan Singh
What cannot be TPA. Bawa, AIR 1986 Del 1
Transferred? 7. V. N. Sarin v. Ajit Kr.
Operation of Poplai AIR 1966 SC 432
transfer?

5-6 General Conditional Ss. 10, 11 and 40, 12; 25-34, Delhi Dayalbagh Co-Operation
Rules of Transfers, TPA. House Building Society Ltd. v
Transfer  Restraints on 8. Muhammad Raza v. Registrar Cooperative
Alienation and Abbas Bandi Bibi, (1932) Societies, (2019) 3 SCC 745
Enjoyment. I.A. 236
9. Zoroastrian Co-operative Hukmi Chand v Jaipur Ice and
Housing Society Ltd. V. Oil Mills Company, AIR 1980
District Registrar, Co-op. RAJ 155
Societies (Urban) (2005) Austerberry v. Corporation of
5 SCC 632 Oldham (1885) 29 Ch. D. 750
10. K. Muniswamy v. K.
Venkataswamy, AIR
2001 Kant. 246
11. Tulk v. Moxhay (1848) 2
Ch. 774
Vested and Ss. 13-24, TPA. Kokilambal and Others v N.
Contingent 12. Ma Yait v The Official Raman, (2005) 11 SCC 234
Interest, Transfer Assignee (1930) 32
to Unborn BOMLR 125
Persons, Rule 13. Rajes Kanta Roy v Santi
against Perpetuity. Debi AIR 1957 SC 255

7-8 Equitable Doctrine of Ss. 35 (Sec 180 to 190 of Patil, Yuvraj Dilip, Ostensible
Rules when Election Indian Succession Act, 1925), Ownership Vis a Vis Benami
rights 38, 39, 41-43, 48-51, TPA. Transaction in India (December
conflict 20, 2012). Available at SSRN:
http://ssrn.com/abstract=21919
51

Salient Features of the Benami

Transactions (Prohibition)
Amendment Act, 2016
Transfer of Lis Pendens; Ss. 52 & 53 TPA. Would arbitration amount to lis
property Fraudulent 14. Abdul Shukoor v. Arji pendens?
under Transfer. Papa Rao AIR 1963 SC
litigation, 1150 Nagubai Ammal v. B. Shama
Fraudulent 15. Guruswamy Nadar v. P. Rao, AIR 1956 SC 593
Transfer Lakshmi Ammal (Dead)
Through LRs. & Ors.,

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Week Broad Particulars Essential Readings Suggested Readings

Topic
(2008) 5 SCC 796.
16. Jayaram Mudaliar v.
Ayyaswamy, AIR 1973
SC 569
17. Madhukar Nivrutti Jagtap
v. Smt Pramilabai
Chandulal Parandekar
Civil Appeal 5382 of
2007
Part S. 53A, TPA
Performanc
e
9 (1 Sale, Meaning; Ss. 54 – 55; 118 -121; 122- Sridhar & Anr v. N. Revanna
class) Exchange, Difference; Sale 126. & Ors Civil Appeal case 1209
Gift Deed v. 18. Vidyadhar v. Manikrao, of 2020 (Supreme Court).
Agreement to Sell; AIR 1999 SC 1441
Rights and 19. Subhas Chandra v Ganga
Liabilities of Prasad, AIR 1967 SC 878
Buyer and Seller.  
10 (2 Lease, Meaning of lease; Ss. 105 – 109. Kiran Wadhwa, Maharashtra
classes License Types of lease; Overview of rent control Rent Control Act 1999:
) Rights and duties legislations. Unfinished Agenda, EPW, Vol.
of Lessor and 20. Sivayogeswara Cotton 37.2002, 25, p. 2471-2476
Lessee. Press v. M.
Panchaksharappa, AIR Model Tenancy Act, 2019
1962 SC 413
21. Dhanpal Chettiar v. Delhi Rent Control Act, 1958
Yesodai Ammal AIR (Sections – 2, 4, 5, 6, 14, 16,
1979 SC 1745 17)
22. Shanti Devi v. Amal
Kumar AIR 1981 SC Nand Ram v. Jagdish Prasad
1550 (2020) 9 SCC 393
23. Laxmidas Bapudas v.
Rudravva 2001 (2) SCC
409

Differences S. 52 Indian Easement

between a Lease Act.
and License 24. Associated Hotels of
India Ltd. v. R.N. Kapoor
(AIR 1959 SC 1262)
25. Bharat Petroleum
Corporation Ltd. v
Chembur Service Station,
2011(4) SCALE 209, ¶18-

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Week Broad Particulars Essential Readings Suggested Readings

Topic
20.

11-12 Mortgage Introduction and Ss. 58-98 (S. 58-63A, 67, 68, Shri Shivdev Singh v Sh.
(4 and Charge Meaning; Nature; 69, 70, 72, 74-76, 78, 83, 85, Sucha Singh AIR 2000 SC
classes Essentials and 91, 92, 94-96) 100. 1935
) Types; Right of 26. Vidhyadhar v Manikrao
Redemption and AIR 1999 SC 1441 Sangar Gagu Dhula v. Shah
Clog on 27. Chaganlal v. Laxmiben Tejshi, AIR 2001
Redemption; Anantaraman, AIR 1961 Guj. 329
Subrogation; Mad 415 Ganpati Bapji Alamwar v.
Marshalling. 28. Ganga Dhar v. Shankar Digambarroa Venkatrao
Lal, AIR 1958 SC 770 Bhadke Civil Appeal 3960 of
29. Pomal Kanji Govindji v. 2011 (Supreme Court)
Vrajlal Karsandas
Purohit, AIR 1989 SC
436 : (1989) 1 SCC 458
13 Easements Definition, Indian Easements Act, 1882
(2 creation and (Sections: 4-19, 21)
classes extinction of
) easements
Adverse  Meaning and S. 27 and Articles 64 and 65 State of Haryana vs Mukesh
Possession debates around the of the Limitation Act, 1963 Kumar (2011) 10 SCC 404
concept 30. Ravinder Kaur Grewal v
Manjit Kaur, 2019 SCC
OnLine SC 975

14 Eminent Constitutional Articles 19(1) (f) and Article
(1-2 Domain debates on the 31 of the Constitution before
classes right to property, the 44th Amendment Act
) Land Acquisition 1978.
Laws
Namita Wahi, Property,
Oxford Handbook of the
Indian Constitution (Oxford:
Oxford University Press,
2016), p. 943-966.
31. State of Bihar v.
Kameshwar Singh (1952)
1 SCR 889
32. State of West Bengal v.
Bela Banerjee- AIR 1954
SC 170
33. Vajravelu Mudaliar v.
Special Deputy Collector-
The Right to Fair
Compensation and
Transparency in Land
Acquisition, Rehabilitation
and Resettlement Act, 2013
R.C. Cooper v. Union of India,
1970 (2) SCC 298 (Bank
Nationalization case)
The Enemy Property Act, 1968,
read with The Enemy Property
(Amendment and Validation)
Bill, 2016, and its interface
with Article 14 of the
Constitution of India

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Week Broad Particulars Essential Readings Suggested Readings

Topic
AIR 1965 SC 1017
34. KT Plantation v. State of
Karnataka, (2011) 9 SCC
1

15 (1 Revision
class)

b. Readings

SL. WEEK READINGS

NO NO
1. WEEK 1 Jeremy Waldron, What is Private Property? 5 Oxford Journal of Legal Studies
313 (1985)
Stephen R Munzer, A Theory of Property, Cambridge University Press, 1990

2. WEEK 2 Burke Shartel, Meanings of Possession, 1932 16 (6) Minnesota Law

Review 611-637; TRANSFER OF PROPERTY ACT, 1882.
3. WEEK 3 REGISTRATION ACT, 1908 AND INDIAN STAMP ACT, 1899
4. WEEK 4 Robyn Honey, Renovating the Concept of Consent in Property and
Contract, in New Directions for Law in Australia (ed) ANU Press, 2017
5. WEEK 5 Carl Emery, Do We Need a Rule Against Perpetuities? 1994 57 (4) The
Modern Law Review 602-610
6. WEEK 6 Carl Wellman, Concept of Fetal Rights, 2002 21 (1) Law and
Philosophy 65-93
7. WEEK 7 Andrew Burrows, We do this in Common Law But That in Equity,
2002, 22 (1), Oxford Journal of Legal Studies, 1-16

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8. WEEK 8 Francis L Kenney Jr. Lis Pendens as Remedy of Surety, 1974 9 (5), The
Forum, 739- 746
9. WEEK 9 George Lefcoe, Property Condition Disclosure Forms: How the Real
Estate Industry Eased the Transition from Caveat Emptor to “Seller Tell
All”, 2004 39 (2), Real Property, Probate and Trust Journal, 193-250
10. WEEK 10 TRANSFER OF PROPERTY ACT, INDIAN EASEMENT ACT, 1882
11. WEEK 11 Steven W Bender, Equity in Times of Mortgage Crisis, 2014 48 (3)
Trust and Estate Law Journal 543-610
12. WEEK 12 Andra Ghent, How do case law and statute differ? Lessons from the
Evolution of Mortgage Law, 2014 57 (4) Journal of Law and Economics
1085-1122
13. WEEK 13 Henry w Ballantine, Title by Adverse Possession, 1918, 32 (2) Harvard
Law Review, 135-159
14. WEEK 14 William B Stoebuck. A General Theory of Eminent Domain, 1972 47(4)
Washington Law Review 553-608
15. WEEK 15 Shyamkrishna Balganesh, Codifying the Common law of Property in
India: Crystallization and Standardization as strategies of constraint,
2015, 63 (1) The American Journal of Comparitive Law 33-76

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