Name of The PROPERTY LAW

Course
Course Code BBLB3023
Prerequisite TPA, Law of Contracts
Corequisite Sales of Goods Act, Family Law
Antirequisite NA
PROPERTY LAW L T P C
3 1 0 4

Course Objectives:
To acquaint the students with the laws and contemporary development through amendments and the case-laws
around transfer of the property, especially immoveable property.

Course Outcomes
CO1 To understand different nature of the properties under Transfer of Property Act.
CO2 To familiarize the students with theoretical and practical aspects of matters relating to various modes of
transfer of property.
CO3 To apply the various judicial decisions of recent time frame in interpreting the various issues relating to
transfer of property.
CO4 To compare and contrast the various concepts of transfer of property in family law matters
CO5 Shall also endeavor to find out the changing scenario with respect to tackling the property matters and the
changes required.
CO6 To develop and learn research and interpretation skills by analyzing cases and also focusing on interpersonal
skills of communication which will help them to grow as a budding lawyer.

Continuous Assessment Pattern

Common Assessment Test Internal Assessment End Term Test Total Marks
(CAT) (IA) (ETE)
30 20 50 100

Course Content
Unit-1 Introduction 4 hours
 Concept and meaning of property.
 Nature and scope of property law.
 Kinds of property - movable and immovable property - tangible and intangible property - intellectual
property - copyright - patents and designs -trademarks
 Meaning and definition of immoveable property- Benefits arising out of land, things attached to
earth.
Unit-2:Attestation and Notice 6 hours
 Attestations, its requisites, effects of invalid attestation, difference between English and Indian law,
Animo Attestandi (Intention to attest).
 Notice, Actual and Constructive Notice,
 Actionable claims (Sec 130- 132)
Unit-3 Essentials of Transfer of Property 6 hours
 Definition of Transfer of Property (Sec-5)
 Transactions which amount to and not amount to transfer of property
 What may be transferred (Section- 6)
Unit-4: Conditional Transfers 12 hours
 Condition Restraining Alienation, Absolute and partial restraint, its exceptions
 Restriction repugnant to interest created, its exceptions
 Interest determinable on insolvency or attempted alienation.
 Distinction between Section 10 and 11
  Burden of obligation of imposing restriction on use of land
 Laws against Perpetuities (section 13 to 18): - Transfer of property in favor of Unborn person
(Section 13), Rule against perpetuities (sec 14), its exceptions, Creation of interest in favor of a class
(Sec 15)
Unit-5 Vested and Contingent Interest & Doctrine of election 3 hours
 Definition, exception and distinction
 Doctrine of election
Unit- 6: Doctrine of ostensible ownership, part performance & Lis pendens 4 hours
 Transfer by Ostensible owner (sec 41)
 Transfer by Unauthorized person (Section 43)
 Doctrine of Lis pendens (sec 52)
 Doctrine of Part Performance (Sec 53A)
Unit 7: Sale of immovable property 4 hours
 Definition of Sale, Contract for sale, Distinction.
 Rights and liabilities/Duties of buyer and seller.
Unit 8: Mortgage & Charges 6 hours
 Meaning & Types
 Rights & Liabilities of Mortgagor and Mortgagee
 Rights of redemption
 Marshalling and Contribution
 Charges (Sec 100) - definition, exceptions, distinction between mortgage and charge.
 Lease & License (Sec 105 – 117)- Meaning & Types and difference between Lease & License.
Unit 9: Exchange & Gifts 3 hours
 Meaning, Rights & Liabilities of parties
 Gifts- meaning, its acceptance, revocation.

Text Book (s)

 G. P. Tripathi, Transfer of Property Act, (2011) Central Law Publications, Allahabad.
 Avtar Singh, The Transfer of Property Act, Third Edition, Universal Law Publications, New Delhi.
 Dr. RK Sinha, The Transfer of Property Act, Central Law Agency, New Delhi.
 SN Shukla, Transfer Of Property Act, Allahabad Law Agency, Allahabad.

Reference Book (s)

 Mulla, Transfer of Property Act, (1999) Universal, Delhi.
 Subbarao, Transfer of Property Act, (1994), C. Subbiah Chetty, Madras
 B.Sivaramayya, The equalities and the Law, (1997) Eastern Book Co., Lucknow.
 P.C.Sen, The General Principles of Hindu Jurisprudence (1984 reprint) Allahabad Law Agency
 B.H.Baden-Powell, Land Systems of British India, Vol.1 to 3. (1892), Oxford.
 V.P.Sarathy, Transfer of Property (1995), Eastern, Lucknow.