Format No. QSP/7.1/01.

F01 (C)
IssueNo.05 Rev. No 6 Dated: Jan 2, 2019

UPES School of Law

Dehradun
COURSE PLAN
Programme : BA., LL.B. (HONS.) Energy Laws 2017
Course : Transfer of Property Act and Easement Act
Semester : V
Session : July-Dec, 2019
Batch : 2017-2022
Subject Code : CLCC3005
No. of credits : 4
Prepared by : Dr.Shikha Dimri
Email : shikha@ddn.upes.ac.in

Approved By

_______________________ _______________________
HOD Dean

UPES Campus Tel : +91-135-2770137

“Energy Acres” Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)

School of Law July- Dec 2019

 COURSE PLAN
Subject: Transfer of Property Act and Course: BA.,LL.B(Hons.) Energy
Easement Act Laws

Duration: July 2019– Dec 2019 Subject code: CLCC3005

Before the advent of the Britishers, each community in India was governed by its respective
customary law in matters relating to transfer of property. With the establishment of the formal
litigative system and in absence of any legislation in this area, to begin with, the English judges
applied the common law of England and the rules of equity, justice and good conscience with
respect to disputes relating to transfer of property. The unsuitability of these provisions to the
Indian conditions; the resulting conflict and the need for clarity of rules relating to this important
branch of law necessitated the enactment of a legislation. Drafted in 1870, the Transfer of Property
Act saw the light of the day in 1882 and provided the basic principles for transfer of both movable
and immovable properties. The Transfer of Property Act, 1882 contains the general principles of
transfer of property and detailed rules with respect to specific transfer of immovable property by
sale, exchange, mortgage, lease and gift. The present course will cover a study of important terms
relevant to transfer of property, meaning of ‘transfer’ under the Act, general principles relating to
transfer of property and definitions and rules relating to specific transfers of immovable properties
by mortgage, lease and gift.

A. COURSE OBJECTIVE:

1. To make the students understand the basic principles and concepts related to transfer of
property.
2. To enable the students explain and classify various modes of alienation under Transfer of
Property Act, 1882; and related legal requirements.
3. To guide the students how to analyse the relevant law and apply on legal issues related to
Transfer of Property.
4. To guide the students how to apply the concept, creation and scope of easement and relate
the law of Easements, the law of transfer of property and other relevant laws.

OUTCOMES:

A student, after attending the course, will be able to:

1. Define and explain basic principles and concepts related to transfer of property.
2. Explain and classify various modes of alienation under Transfer of Property Act, 1882;
and related legal requirements.
3. Analyse the relevant law and apply on legal issues related to Transfer of Property.
4. Apply the concept, creation and scope of easement and relate the law of Easements, the
law of transfer of property and other relevant laws.

School of Law July- Dec 2019

B. COURSE OUTLINE
It has 8 modules which are as follows:

UNIT I: JURISPRUDENTIAL CONTOURS OF PROPERTY [6 Sessions]

 Concept and Meaning of Property –
 Kinds of Property, -
 Movable and Immovable Property,
 Tangible and Intangible Property,
 Doctrine of fixtures

UNIT II: TRANSFER OF IMMOVABLE PROPERTY [6 Sessions]

 Transfer of Property by Act of Parties Sec 5-21.
 Intervivos transfer by act of parties
 Essentials of transfer- Intention, Title ,Consideration and Possession
 Legal requirements for valid transfer- oral transfer, written document, registration and
attestation
 Restrictions on transferability
o Legislative restrictions
o Nemo dat quod non habet
 Bars on clog on transferability
 Rule against conditions restraining alienation
 Restrictive Covenants
 Role against conditions making interest determinable on insolvency/ attempted
alienation
 Rule for transfer for benefit of unborn person
 Rule against perpetuity

UNIT III [6 Sessions]

 Doctrine of Election Sec. 35,
 Transfer by Ostensible owner
 Transfer of Property pending suit relating thereto
 Fraudulent Transfer Sec. 53.
 Doctrine of Part performance

UNIT IV: SALE OF IMMOVABLE PROPERTY [6 Sessions]

 Sale of Immovable Property Secs. 54-55.

 Sale, Contract of Sale; Rights and Liabilities of Buyer and Seller.

UNIT V : OF MORTGAGES OF IMMOVABLE PROPERTY [6 Sessions]

 Kinds of Mortgage
 Rights and Liabilities of the Mortgagor and Mortgagee.

School of Law July- Dec 2019

  Marshalling and Contribution
 Redemption
 Pledge & Hypothecation
 Charge

UNIT VI: [6 Sessions]

 Lease
 Duration of leases, Determination of leases
 License

UNIT VII [6 Sessions]

 Exchange
Gift
Transfer how effected
Onerous Gift
Universal Donee
Actionable Claims
Transfer of actionable claims

UNIT VIII : EASEMENTS [6 Sessions]

 Creation of Easements
 Nature and Characteristics of Easements.
 Doctrine of prescription
 Extinction, Suspension and Revival of Easements, Riparian Rights

BA.,LL.B (Hons.) Course Define and Explain and Analyse the Apply the
Energy Laws Outcomes explain classify relevant law concept,
Program Outcome basic various and apply creation and
principles modes of on legal scope of
and alienation issues easement and
concepts under related to relate the law
related to Transfer of Transfer of of Easements,
transfer of Property Property. the law of
property. Act, 1882; transfer of
and related property and
legal other relevant
requirements laws.

School of Law July- Dec 2019

    
Program Outcome 1
Students will demonstrate conceptual
knowledge in core areas of law.

Program Outcome 2
Students will effectively apply their
 
learnings to practical legal issues.

Program Outcome 3
Students will be able to exhibit  
effective law professional skills,
employing oral and written
communication, legal research,
analysis, rationalisation and critical-
thinking.
Program Outcome 4
Students will demonstrate ability to
evolve alternative solutions from
dynamic socio-economic and
techno-legal perspectives.

Program Outcome 5
Students will demonstrate desirable
 
qualities to be employable in the
relevant market.

Program Outcome 6
Students will show sensitivity
towards ethical, moral and social
issues arising in their professional
career.

Program Outcome 7
Students will exhibit commitment,
teambuilding, networking,
leadership and lifelong learning
skills to excel in legal world.

School of Law July- Dec 2019

 Course Define and Explain and Analyse the Apply the
Program Outcome Outcomes explain classify relevant law concept,
for BA.,LLB (Hons.) basic various and apply creation and
Energy Laws principles modes of on legal scope of
and alienation issues easement and
concepts under related to relate the law
related to Transfer of Transfer of of Easements,
transfer of Property Property. the law of
property. Act, 1882; transfer of
and related property and
legal other relevant
requirements laws.

Students will be
able to demonstrate
conceptual
knowledge in core
areas of social
sciences.

Students will be
able to demonstrate
integrated
knowledge of legal
principles and
social sciences

School of Law July- Dec 2019

Students will be
able to exhibit skills
in practices and
procedures of
Energy Law.

Course Continuous Continuous Continuous Continuous Continuous

Outcomes Evaluation Evaluation Evaluation Evaluation Evaluation
Tool 1 Tool 2 Tool 3 Tool 4
For CLCC Tools
3005 Project + Case Subject Grand Attendance
Viva Analysis Viva

Define and explain basic

principles and concepts    
related to transfer of
property.

Explain and classify various

modes of alienation under    
Transfer of Property Act,
1882; and related legal
requirements

School of Law July- Dec 2019

Analyse the relevant law and
apply on legal issues related    
to Transfer of Property.

Apply the concept, creation

and scope of easement and    
relate the law of Easements,
the law of transfer of
property and other relevant
laws.

C. PEDAGOGY

 Presentations
 Chalk and talk
 Random Questioning
 Reflections
 Case Analysis

 D. COURSE COMPLETION PLAN

Sessions: 4 (lectures of 1 hour each) for a 4 credit course.

Total hours per week: 4 hours per week.

E. EVALUATION & GRADING

Description Weight age Schedule

1. Continuous Assessment 30% Detailed Below

2. Mid-term Exam 20% Academic Calendar

3. End-term Exam 50% Academic Calendar

Internal Assessment: Marks 100 (shall be done based on the following components):

School of Law July- Dec 2019

a) Case Analysis 20% weightage
b) Article targeted for reputed journals (with Viva)/ - 40% weightage
c) Subject Grand Viva (At least 6 questions from each student) -20% weightage
d) Attendance ( As per the defined and specified parameters)-20% weightage

Four components will be used for internal assessment for this course (Total 100 marks), the details of
each component is as follows:

a) Case Analysis: Case analysis evaluation would be made on presentation of brief facts
and arguments, critical analysis, ratio decidendi, obiter dita.

b) Article writing -Weightage 40 %

Faculty has choice to select any one group activity from the following components:
i. Project Topics covering entire syllabus and emerging areas with allotments.
ii. Land Mark current and old Cases covering the entire syllabus with allotments

Students are also required to make a group presentation on the topic on a scheduled date (would
be communicated in the class). The duration of a group presentation will be 15-20 minutes;
followed by 5-10 minutes discussion/query session.

c) Subject Grand Viva (At least 6 questions from each student) the questions should be
covered from the entire syllabus as taught in the class.
d) Attendance ( As per the defined and specified parameters)
Formula for attendance marks:
 67-75 % 0 Marks
 76-80% 5 Marks
 81-85% 10 Marks
 86-90% 15 Marks
 91%-100% 20 Marks

Mid- Sem Examination: 20% Weightage

Mid- Sem examination shall be of one hour duration based on multiple choice question based
system conducted on black board.(paper less).
End -Sem Examination: 50% Weightage
End-Sem examination shall be of three hours duration. The examination paper shall have 4
Sections
 Section A-Objective type / Short Answer type memory based general questions (2 to 5
questions) -10 marks.
 Section B-Short answer type Conceptual questions (2 to 5 questions) -20 marks.

School of Law July- Dec 2019

  Section C-Analytical & Comparative questions (2 to 4 questions) -20 marks.
 Section D-Application based Case study (2 to 5 questions) -50 marks.

Passing Criteria
If the batch size is upto 30, Grading shall be done on the basis of absolute grading system • If
the batch size is more than 30, the grading will be done based on Relative Grading System
Both in Absolute and Relative Grading System passing criteria will be:
• For UG-Students: Scoring less than 35 absolute marks in individual course either in end
semester examination or as composite score shall be awarded as ‘F’
• For PG-Students: Scoring less than 40 absolute marks in individual course either in end
semester examination or as composite score shall be awarded as ‘F’
• For UG & PG: Students scoring 85 marks and above as composite score (IA+MS+ES) shall
be awarded as the highest grade as ‘O’ i.e., Outstanding (on 10 point Scale) and ‘A’ i.e.,
Outstanding (on 4 point Scale)

Attendance

Students are required to have a minimum attendance of 75% in each subject. Students with less
than said percentage shall NOT be allowed to appear in the end semester examination.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as Blackberries/Laptops) are not permitted in classes during
Tests or the Mid/Final Examination. Such devices MUST be turned off in the class room.
E-Mail, CELCAT &Blackboard: Each student in the class should have an e-mail id and a pass
word to access the blackboard / CELCAT system regularly. Regularly, important information –
Date of conducting class tests, guest lectures, syndicate sessions etc. to the class will be transmitted
via e-mail/ blackboard. The best way to arrange meetings with us or ask specific questions is by
email and prior appointment.
All the assignments preferably should be uploaded on blackboard. Various research
papers/reference material will be mailed/uploaded on blackboard time to time.

School of Law July- Dec 2019

 F. DETAILED SESSION PLAN

SESSI P PADAGOGY
TOPIC READINGS
ON
 Introduction to the
course
 Scope of the Act Lecture
and discussion Whiteboard
1. Course Plan
about the course Examples
plan Random Questions

Property Law by Poonam Pradhan Saxena,

 Jurisprudential
2nd Ed. Ch 1, pg1-10 Lecture
Contours of
Transfer of Property Act, by Mulla,10th Ed. Whiteboard
Property
Ch1,pg 7-8 Examples
 Introduction to
Research Article-Changing Conceptions Discussion
2. Property Law
of Property by Francis S.Philbrick Presentation
 Concept and University of Pennsylvania Law Review & Random Questions
Meaning of American Law Register Vol 86 No 7
Property
 Kinds of Property,
Property Law by Poonam Pradhan Saxena,
Lecture
2nd Ed. Ch 1, pg11-26
Whiteboard
Transfer of Property Act, by Mulla,10th
Examples
Ed.,pg16-22
 Interpretation Discussion
Research Article - Incomplete property
Clause, Presentation
rights, redistribution, and welfare by J.
3.  Immovable Atsu Amegashie Available at
Random Questions
Property http://www.jstor.org/stable/pdfplus/10.2307
/41107903.pdf?acceptTC=true
Case-Shantabai v. State of
Bombay,AIR1958 SC 532 (1959) SCR 265

Property Law by Poonam Pradhan Saxena, Lecture

2nd Ed. Ch 1, pg11-26 Whiteboard
 Things attached to
Transfer of Property Act, by Mulla,10th Examples
earth
4. Ed.,pg31-35 Discussion
 Law relating to Case: State of Orissa v. Titaghur Paper Presentation
fixtures Mills Company Limited, AIR 1985 SC 1293 Random Questions
: (1985) Supp SCC 280

School of Law July- Dec 2019

 Lecture
Property Law by Poonam Pradhan Saxena, Whiteboard
2nd Ed. Ch 1, pg11-26 Examples
 Immovable th
Transfer of Property Act, by Mulla,10 Discussion
Property Ed.,pg31-35 Presentation
 Important cases Cases:Bamdev Panigrahi v. Monorama Raj, Random Questions
5.
related to AIR 1974 AP 226
property Duncans Industries Ltd. v. State of U.P.
(2000)1 SCC 633

Property Law by Poonam Pradhan Saxena, Lecture

 Attestation 2nd Ed. Ch 1, pg26-35 Whiteboard
 Objects Transfer of Property Act, by Mulla,10th Examples
6.  Modes of Ed.,pg23-29 Discussion
Attestation Presentation
Random Questions

Lecture
Property Law by Poonam Pradhan Saxena, Whiteboard
2nd Ed. Ch 1, pg11 Examples
 Registration
7. Transfer of Property Act, by Mulla,10th Discussion
Ed.,pg30 Presentation
Random Questions

Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
Examples
2nd Ed. Ch 1, pg35-54
Notice Discussion
8. Transfer of Property Act, by Mulla,10th
 Kinds of notice Presentation
Ed.,pg38-62
Random Questions

 Constructive
Notice Lecture
 Registration as Property Law by Poonam Pradhan Saxena, Whiteboard
constructive 2nd Ed. Ch 1, pg35-54 Examples
9. notice Transfer of Property Act, by Mulla,10th Discussion
 Actual Ed.,pg38-62 Presentation
possession as Random Questions
constructive
notice

School of Law July- Dec 2019

 Lecture
Whiteboard
 Meaning of Property Law by Poonam Pradhan Saxena,
Examples
Transfer of 2nd Ed. Ch 2, pg57
10. Discussion
Property; Transfer of Property Act, by Mulla,10th Ed.,
Presentation
Ch.2 ,pg69-81
Random Questions

 What may be Lecture

transferred Whiteboard
Property Law by Poonam Pradhan Saxena,
 Persons Examples
2nd Ed. Ch 2, pg66-87
11. Competent to Transfer of Property Act, by Mulla,10th Ed., Discussion
Transfer. Presentation
Ch.2 ,pg69-81
Random Questions

Lecture
 Mode of Transfer Whiteboard
Property Law by Poonam Pradhan Saxena,
 Operation of 2nd Ed. Ch 2, pg57 Examples
12.
Transfer Discussion
Transfer of Property Act, by Mulla,10th Ed.,
Presentation
Ch.2 ,pg69-81
Random Questions

Lecture
 Legal incidents of Whiteboard
Property Law by Poonam Pradhan Saxena,
Transfer Examples
13 2nd Ed. Ch 2, pg57-87
 Oral Transfer Discussion
Transfer of Property Act, by Mulla,10th Ed.,
Presentation
Ch.2 ,pg82-121
Random Questions
Lecture
 Condition Property Law by Poonam Pradhan Saxena, Whiteboard
Restraining 2nd Ed. Ch 2, pg88-102 Examples
14.
alienation, Transfer of Property Act, by Mulla,10th Ed., Discussion
 Exceptions Ch.2 ,pg144-155 Presentation
Random Questions
Lecture
Property Law by Poonam Pradhan Saxena,
 Restriction Whiteboard
2nd Ed. Ch 2, pg103-109
repugnant to Examples
Transfer of Property Act, by Mulla,10th Ed.,
15 Interest Created; Discussion
Ch.2 ,pg156-161
 Exceptions Presentation
Case:Tulk v Moxhay,(1843-60)All ER 9
Random Questions

 Condition making Transfer of Property Act, by Mulla,10th Ed., Lecture

interest Ch.2 ,pg162-163 Whiteboard
16. determinable on Property Law by Poonam Pradhan Saxena, Examples
insolvency ; 2nd Ed. Ch 2, pg110-111 Discussion
Presentation

School of Law July- Dec 2019

 Random Questions

Property Law by Poonam Pradhan Saxena, Lecture

 Transfer for 2nd Ed. Ch. 2, pg111-116 Whiteboard
17. benefit of unborn Transfer of Property Act, by Mulla,10th Ed., Examples
person Ch.2, pg164-167 Discussion
Random Questions
 Rule against
perpetuity: and its
Property Law by Poonam Pradhan Saxena,
exceptions Lecture
2nd Ed. Ch. 2, pg111-116
 Transfer To A Whiteboard
Transfer of Property Act, by Mulla,10th Ed.,
Class some of Examples
18 Ch.2 ,pg167-126
whom come under Discussion
Case:Girjish Dutt v Data Din,AIR1934
section 13 & 14 Random Questions
Oudh
 Transfer to take
effect on failure of
prior interest
 Rule against
perpetuity: and its
exceptions Lecture
 Transfer To A Property Law by Poonam Pradhan Saxena, Whiteboard
Class some of 2nd Ed. Ch. 2, pg111-116 Examples
19
whom come under Transfer of Property Act, by Mulla,10th Ed., Discussion
section 13 & 14 Ch.2 ,pg167-126 Presentation
 Transfer to take Random Questions
effect on failure of
prior interest
Lecture
Property Law by Poonam Pradhan Saxena,
 Direction for nd Whiteboard
2 Ed. Ch. 2, pg111-116
accumulation of Examples
20 Transfer of Property Act, by Mulla,10th Ed.,
Income Discussion
Ch.2 ,pg183-188
Presentation
Random Questions
Lecture
Property Law by Poonam Pradhan Saxena,
 Vested and nd Whiteboard
2 Ed. Ch. 2, pg133-140
Contingent Examples
21. Transfer of Property Act, by Mulla,10th Ed.,
Interest Discussion
Ch.2 ,pg195-207
Presentation
Random Questions
 Conditional
Lecture
Transfer Property Law by Poonam Pradhan Saxena,
Whiteboard
 Fulfillment of 2nd Ed. Ch. 2, pg111-116
Examples
22. condition Transfer of Property Act, by Mulla,10th Ed.,
Discussion
precedent Ch.2 ,pg167-232
Presentation
 Rule Of Random Questions
Acceleration

School of Law July- Dec 2019

 Lecture
Property Law by Poonam Pradhan Saxena, Whiteboard
 Doctrine of 2nd Ed. Ch. 2, pg155-159 Examples
th
23. Election Sec. 35, Transfer of Property Act, by Mulla,10 Ed., Discussion
Ch.2 ,pg234-242 Presentation
Random Questions

 Apportionment
 Apportionment
by time Lecture
 Apportionment Property Law by Poonam Pradhan Saxena, Whiteboard
by estate 2nd Ed. Ch. 2, pg160-162 Examples
24  Burden of Transfer of Property Act, by Mulla,10th Ed., Discussion
obligation Ch.2 ,pg243-249 Presentation
imposing Random Questions
restriction on
use of land

 Transfer by
Lecture
Ostensible
Property Law by Poonam Pradhan Saxena, Whiteboard
owner
2nd Ed. Ch. 2, pg177-185 Examples
25.  Prohibition of th
Transfer of Property Act, by Mulla,10 Ed., Discussion
Benami
Ch.2 ,pg272-293 Presentation
Transactions
Random Questions
 Transfer by
Lecture
unauthorized
Whiteboard
person who Property Law by Poonam Pradhan Saxena,
Examples
26. subsequently 2nd Ed. Ch. 2, pg187-206
Discussion
acquires interest in
Presentation
the property
Random Questions
transferred.
Property Law by Poonam Pradhan Saxena,
Lecture
2nd Ed. Ch. 2, pg225-244
 Transfer of Whiteboard
Transfer of Property Act, by Mulla,10th Ed.,
Property pending Examples
Ch.2 ,pg349-390
27. suit relating Discussion
thereto Presentation
Research Article- Lis Pendens. Effect of
Random Questions
Decree in Lower Court Pending
Proceedings on Appeal
Property Law by Poonam Pradhan Saxena, Lecture
 Transfer of nd
2 Ed. Ch. 2, pg225-244 Whiteboard
Property pending
Transfer of Property Act, by Mulla,10th Ed., Examples
28. suit relating
Ch.2 ,pg349-390 Discussion
thereto
Presentation
Cases:Amarnath v Deputy Director of Random Questions

School of Law July- Dec 2019

 Consolidation, Kanpur,AIR1985 All 163

Govinda Pillai Gopala Pillai v Aiyyappan

Krishnan,AIR 1957 Ker10

Research Article- Lis Pendens. Effect of

Decree in Lower Court Pending
Proceedings on Appeal
Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
 Fraudulent Examples
2nd Ed. Ch. 2, pg245-252
29. Transfer Sec. 53. Discussion
Transfer of Property Act, by Mulla,10th Ed.,
Presentation
Ch.2 ,pg390-411
Random Questions

Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
 Fraudulent Examples
2nd Ed. Ch. 2, pg245-252
30. Transfer Sec. 53. Discussion
Transfer of Property Act, by Mulla,10th Ed.,
Presentation
Ch.2 ,pg390-411
Random Questions

Property Law by Poonam Pradhan Saxena, Lecture

2nd Ed. Ch. 2, pg253-270 Whiteboard
Transfer of Property Act, by Mulla,10th Ed., Examples
31  Part Performance Ch.2 ,pg416-442 Discussion
Presentation
Case: Nathulal v Phool Chand,AIR 1970 Random Questions
SC 546
Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena, Examples
2nd Ed. Ch. 2, pg253-270 Discussion
32.  Part Performance th
Transfer of Property Act, by Mulla,10 Ed., Presentation
Ch.2 ,pg416-442 Random Questions

 Sale of Immovable Lecture

Property Whiteboard
Property Law by Poonam Pradhan Saxena,
 Sale, Contract of Examples
2nd Ed. Ch. 3, pg271-308
33 Sale; Discussion
Transfer of Property Act, by Mulla,10th Ed.,
 Mode of Transfer Ch.3 ,pg447-532
Presentation
by sale Random Questions

 Rights and Property Law by Poonam Pradhan Saxena, Lecture

34
Liabilities of 2nd Ed. Ch. 3, pg271-308 Whiteboard

School of Law July- Dec 2019

 Buyer and Transfer of Property Act, by Mulla,10th Ed., Examples
Seller. Ch.3 ,pg447-532 Discussion
 Marshalling by Presentation
subsequent Random Questions
purchaser

Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
 Mortgages Examples
2nd Ed. Ch. 4, pg311-339
35  Discussion
Kinds of Mortgage Transfer of Property Act, by Mulla,10th Ed., Ch.4
Presentation
,pg549-623
Random Questions

Lecture
 Rights and Property Law by Poonam Pradhan Saxena, Whiteboard
Liabilities of the 2nd Ed. Ch. 4, pg343-449 Examples
36
Mortgagor and Transfer of Property Act, by Mulla,10th Ed., Ch.4
Discussion
Mortgagee. ,pg632-795 Presentation
Random Questions

Property Law by Poonam Pradhan Saxena,

2nd Ed. Ch. 4, pg343-449 Lecture
 Rights th
and Transfer of Property Act, by Mulla,10 Ed., Ch.4
Whiteboard
Liabilities of the ,pg632-795 Examples
37
Mortgagor and Discussion
Mortgagee. Research Article- The clog on the equity of Presentation
redemption and its effect on modern real Random Questions
estate finance by Jeffrey l. Licht

Property Law by Poonam Pradhan Saxena,

2nd Ed. Ch. 4, pg311-339
Transfer of Property Act, by Mulla,10th Ed., Ch.4
,pg549-623

Cases:Seth Ganga Dhar v Shankar Lal,

Lecture
AIR1958 SC770 SC70
Whiteboard
 Redemption
Examples
38  Pledge & Sangar Gagu Dhula v Shah Laxmiben Tejshi.
Discussion
Hypothecation AIR 2001 Guj
Presentation
Random Questions
Research Article-
“Mortgagee’s power to sell under Section 69 of
transfer of property
Act,1882”-Halo or Hairshirt?

Clogging the equity of redemption: an

School of Law July- Dec 2019

 outmoded concept?
By Lindy willmott and bill Duncan

 Lease Lecture
 Kinds of leases Property Law by Poonam Pradhan Saxena, Whiteboard
39  Rights and 2nd Ed. Ch. 6, pg465-533 Examples
th
liabilities of lessor Transfer of Property Act, by Mulla,10 Ed., Ch.5
Discussion
& lessee ,pg959-1217 Presentation
Random Questions

 Termination of Lecture
leases Property Law by Poonam Pradhan Saxena, Whiteboard
 Waiver of notice to 2nd Ed. Ch. 6, pg465-533 Examples
40
quit Transfer of Property Act, by Mulla,10th Ed., Ch.5
Discussion
 Waiver of ,pg959-1217 Presentation
forfeiture Random Questions

Property Law by Poonam Pradhan Saxena,

2nd Ed. Ch. 6, pg465-533
Transfer of Property Act, by Mulla,10th Ed., Ch.5
,pg959-1217

Cases: Associated
Hotels of India v R.N.Kapoor, AIR 1959
SC1262 Lecture
Whiteboard
 Lease & Licence
Quality Cut Pieces v M.Laxmi and Co. Examples
41  Cases AIR1986 Bom 359 Discussion
distinguishing Presentation
lease and license B V D’souza Antonio Fausto Random Questions
Fernandes,AIR1989 SC 1816

Samir Kumar Chatterjee v Hirendra Nath

Ghosh,AIR1992,Cal 129

Delta International Ltd v Shyam Sunder

Ganeriwalla,AIR1999 SC 2607

Lecture
Property Law by Poonam Pradhan Saxena, Whiteboard
2nd Ed. Ch. 7, pg537-542 Examples
42  Exchanges
Transfer of Property Act, by Mulla,10th Ed., Ch.6
Discussion
,pg1246-1250 Presentation
Random Questions

School of Law July- Dec 2019

 Lecture
 Gift Whiteboard
Property Law by Poonam Pradhan Saxena,
 Transfer how nd Examples
2 Ed. Ch. 8, pg543-562
43 effected Discussion
Transfer of Property Act, by Mulla,10th Ed., Ch.7
 Conditional gift ,pg12511288
Presentation
Random Questions

Property Law by Poonam Pradhan Saxena,

2nd Ed. Ch. 8, pg543-562
Transfer of Property Act, by Mulla,10th Ed., Ch.7
Lecture
,pg12511288 Whiteboard
 Revocation
Examples
 Onerous gift
44 Cases: Raghunathjee Discussion
 Universal donee Maharaj v. Ramesh Chandra,AIR 2001 Presentation
SC 2340 Random Questions
Kamlakanta Mohapatra v Pratap
Chandra Mohapatra AIR 2010 Ori,13

Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
Examples
2nd Ed. Ch. 9, pg565-576
45  Actionable Claims Discussion
Transfer of Property Act, by Mulla,10th Ed., Ch.8 ,
Presentation
pg1291-1309
Random Questions

EASEMENTS
 Creation of
Lecture
Easements
Whiteboard
 Nature and
Examples
Characteristics of Indian Easement Act,1882
46 Discussion
Easements. Easement Act,by J D.Jain
Presentation
 Kinds of Easement Random Questions
 Acquisition of
Easement

 Incidents of Lecture
Easement Whiteboard
 Doctrine of Examples
Indian Easement Act,1882 Discussion
47 prescription
Easement Act, by J D.Jain
 Extinction of Presentation
Easement Random Questions

School of Law July- Dec 2019

 Lecture
 Suspension and Whiteboard
Revival of Examples
Indian Easement Act,1882
48 Easements, Discussion
Easement Act, J D.Jain
 Licenses Presentation
Random Questions

G. SUGGESTED READINGS:

G :1 TEXTBOOKS:
 Poonam Pradhan Saxena, Property Law, Lexis Nexis, Ed.2nd ,2012,Nagpur

 Dr. R.K.Sinha, The Transfer of Property Act, CLA, Ed.17th ,2016, Allahabad

 G.P.Tripathi, The Transfer of Property Act, CLA,Ed.18th ,2014, Allahabad

 T.P Tripathi, The Transfer of Property Act,1882, ALA, 2nd Ed. 2011,Allahabad
 Shukla, S N, Transfer of Property Act, Faridabad Allahabad law Agency, 2006

.
G: 2 REFERENCE BOOKS/STATUTES
 Bharuka G.C , Mulla’s Transfer of Property Act 1882 , Lexis Nexis Buttherworths,
Ed10th,2006,New Delhi.

 Sarthi, Vepa. P., Transfer of Property , Eastern Book Publication,5th Ed, Lucknow , 2012

 Subbarao ,Transfer of Property , Eastern Book Publication,2012

 Gour, Hari Singh; Lakshmanan, A R,Commentary on Transfer of Property Act , Delhi Law
House ,Ed.12th , 2011, Delhi.
 Mallick, M R ,Goyle's A Commentary on the Transfer of Property Act, Delhi Eastern Law
House Ed. 2nd , 2001,Delhi.
 157th Law Commission Report
 181 Law Commission Report
 Transfer of Property Act,1882
 Indian Easement Act,1882
 The Benami Transactions (Prohibition) Act, 1988
 General Clauses Act 1897
 The Registration Act,1908
 Indian Succession Act, 1925
 RESEARCH ARTICLES FOR REFERENCE
 Changing Conceptions of Property in Law by Francis S. Philbrick, Unversity of
Pennsylvania Law Review & American Law Register Vol 86 No 7

School of Law July- Dec 2019

  The Transfer of Property under Illegal Transactions by M. J. Higgins Source: The Modern
Law Review, Vol. 25, No. 2 (Mar., 1962), pp. 149-16
 “Mortgagee’s power to sell under Section 69 of transfer of property Act,1882”-Halo or
Hairshirt? By Dr. T Ramaswamy available at http://www.ebc-
india.com/lawyer/articles/2003v4a3.htm
 Deed of Mortgage by Mr Y.Srinivasa Rao available at
http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=660daccc-ddba-41af-
a60e-633b4f252cc2&txtsearch=Subject:%20Property
 Some Mortgage problems by Sir Horatio Shephard ,Kt
 Contract for Sale of Immovable Property — Its Effect on Subsequent attachment of
the said property by Justice S A Kader
 A Need for ‘All in One Enactment’ by K Krishnamurthy
 Unregistered Lease for 11 Months, Admissibility of: —A Note on Sathish Kumar v.
Zarif Ahmed & others [1997-1-L.W. 763 (SC)] by Justice S A Kader
 The clog on the equity of redemption and its effect on modern real estate finance by
jeffrey l. Licht, st. John's law review, vol. 60, iss. 3 [1986], art. 3
 Clogging the equity of redemption: an outmoded concept? By Lindy willmott and bill
Duncan available at https://lr.law.qut.edu.au/article/view/87
 Incomplete property rights, redistribution, and welfare by J. Atsu Amegashie available
at http://www.jstor.org/stable/pdfplus/10.2307/41107903.pdf?acceptTC=true
 The Unborn ChildAuthor(s): P. H. WinfieldSource: The University of Toronto Law
Journal, Vol. 4, No. 2 (1942), pp. 278-295
 Lis Pendens. Effect of Decree in Lower Court Pending Proceedings on Appeal Source:
Harvard Law Review, Vol. 39, No. 4 (Feb., 1926), pp. 511-512

G: 3 Detailed CASE STUDIES

S.No. Title Source
1. Shantabai v. State of Bombay AIR 1958 SC 532 : (1959) SCR 265 1

2. State of Orissa v. Titaghur Paper

Mills Company Limited, AIR 1985 SC 1293 : (1985) Supp SCC 280

3. Bamdev Panigrahi v. Monorama AIR 1974 AP 226

Raj,

4. Duncans Industries Ltd. v. State (2000)1 SCC 633

of U.P.

5. Kumar Harish Chandra Singh AIR 1965 SC 1738 : (1966) 1 SCR 153
Deo v. Bansidhar Mohanty,

School of Law July- Dec 2019

 6. M.L .Abdul Jabbar Sahib v. H. AIR 1969 SC 1147 : (1969) 1 SCC 573
Venkata Sastri,

7. Padarath Halwai v. Ram Narain, AIR 1915 PC 21

8. Lloyds Bank Ltd v P.E Guzder AIR 1930 Cal 22

and Co.

9. Bank of Bombay v Suleman (1909) ILR Bom 1

10. Kori Gowramma v The Vyasya first appeal No 324 of 1997, decided as on
Bank Ltd, Kampli Feburary 2000(HC of Karnataka)

11. Ahmedabad Municipal AIR 1971 SC 1201 ; (1971) 1 SCC 757

Corporation v. Haji Abdul Gafur
Haji Hussenbhai,
12. Md. Mustafa v. Haji Md. Isa, AIR 1987 Pat 5

13 H.N.Narayanaswamy Naidu v. AIR 1981 Kant 93

Deveeramma,

14 Ram Niwas v. Bano , AIR 2000 SC 2921 : (2000) 6 SCC 685

15 V.N. Sarin v. Ajit Kumar Poplai, AIR 1966 SC 432 : (1966) 1 SCR 349

16 Kenneth Solomon v. Dan Singh AIR 1986 Del 1

Bawa,

17 Mohar Singh v. Devi Charan, AIR 1988 SC 1365 : (1988) 3 SCC 63

18 N. Ramaiah v. Nagaraj S, AIR 2001 Kant. 395

19 Venkataramanna v Brahmana (1869) 4Mad HC 345

20 Rosher v Rosher (1884) 26 Ch D 801

21 Zoroastrian Co-operative MANU/SC/0290/2005

Housing Society Ltd v District
Registrar Co-operative Societies,
22 Tulk v Moxhay (1843-60) All ER 9
23 Girijesh Dutt v Data Din AIR1934 Oudh35
24 Rajesh Kanta Roy v Shanti Debi AIR 1957 SC 255
25 Kokilambal v N Raman, AIR 2005 SC 2468
26 Jayadayal Poddar v Bibi Hazara AIR 1974 SC171

27 Md. Sulaiman v. Sakina Bibi. MR1922 All392

School of Law July- Dec 2019

 28 Lov Raj Kumar v Major Daya AIR 1986 Del 364
Shankar (Dr)

29 Narendrabhai Chaganbhai AIR 2002 Guj209-

Bharatia v Gandevi Peoples
Cooeprative Bank Ltd

30 Ceean International Pvt Ltd v AIR 2003 Cal 2003

Ashok Surana
31 Amarnath V Deputy of AIR1985 All 163
Consolidation, Kanpur

32 Govinda Pillai Gopala Pillai v AIR1957 Ker 10

Aiyyappan Krishnan,

33 Jagannath Mahaprabhu v AIR 1992 Ori47

Pravat Chandra Chatterjee,

34 Padmja v Errathil Sanjeev AIR 2007(NOC) 70 Ker

35 Prabodh Kumar Das v AIR 1940 PCI

Dantmare Tea Co. Ltd,
36 Amar Singh v Laxaman, AIR 2007 (NOC) 320 (Raj)
37 DS Parvathamma v A Srinivasan (2003) 4 SCC 705

38 Maina Devi v Thakur Mansingh, AIR 1986 Raj 44

39 VAITHEGI v CIVIL APPEAL NO(S). 8/2018

GURUSAMYPILLAI & ANR.
40 Pomal Kanji Govindji v Vrajilal AIR 1989 S.C436
Karsanandas Purohit,

41 Seth Ganga Dhar v Shankar Lal, AIR 2000 S.C.770

42 Gulab Chand Sharma v AIR 1977 S.C 242

Saraswati Devi

42 Shivdev Singh v Sucha Singh, AIR 2000 SC1935

44 Ram Kishan v Sheo Ram AIR2008 P& H 77(FB)

45 Shanti Devi v Nand Lal AIR 2005 Raj 218
46 Vadilal Chhaganlal Soni v AIR 1953 Bom 408
Gokaldas Mansukh,
47 Samir Kumar Chatterjee v AIR1992,Cal 129
Hirendra Nath Ghosh,

School of Law July- Dec 2019

 48 B V D’souza Antonio Fausto AIR1989 SC 1816
Fernandes,
49 Quality Cut Pieces v M.Laxmi AIR1986 Bom 359
and Co.

50 Associated Hotels of India v AIR 1959 SC1262

R.N.Kapoor,
51 Delta International Ltd v Shyam AIR1999 SC 2607
Sunder Ganeriwalla,
52 Raghunathjee Maharaj v. AIR 2001 SC 2340
Ramesh Chandra,
53 Kamlakanta Mohapatra v AIR 2010 Ori,13
Pratap Chandra Mohapatra,
54 Suraj Lamp and Industries (P) vs AIR 2011 SC
State Of Haryana & Anr
55 Narindra Singh rao v. Mahindra AIR 2013 SC
Singh Singh Rao
56 Vimla Devi V. Pushpa Devi and AIR 2017 SCC Del 8694
Anr.

Note: For the purpose of any query students may consult their respective faculty in
between 03:00-04:00 PM

G: 4 WEB SOURCES:
www.scconline.com
www.westlawindia.com
http://www.jstor.org/
www.ssrn.org

H. Instructions
a) All students will be divided in groups comprising of 3- 4 students in each.
b) Students are expected to read the concerned session’s contents in advance before coming
to the class.
c) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current
practices, examples, problem solving activities and presentations etc.
d) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their
views and defend the same.
e) All schedules/announcements must be strictly adhered to.

School of Law July- Dec 2019

 f) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she will
loose the marks.
g) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.
h) The instructor shall be available for doubt clearing and academic discussion during
3.30 to 4.30 Pm on all working days.

School of Law July- Dec 2019

 Research Topics :

1. Imperfections in the title of a property

2. Right to Property: What it includes?
3. Constitutional Status of right to property
4. Transfer of Property-Movable & Immovable
5. Conditions restraining alienation
6. Transfer for the benefit of unborn child
7. Applications and relevance of the rule against perpetuity
8. Conditional Transfer
9. Transfer by ostensible owner
10. Doctrine of Part performance
11. Transfer of property by a Non Owner under TPA
12. Sale of Immovable property
13. Mortgages of immovable property
14. Distinctions between Easement & Usufructuary mortgage
15. Meaning of clog on equity of redemption
16. Covenant running with Property
17. Mortgage by way of conditional sale
18. Usufructuary mortgage
19. Right of possession and right of ownership: jurisprudential debate
20. Fraudulent transfers under TPA
21. Transfers subject to a condition or limitation under TPA
22. Critical analysis of the idea of transfer of property in favour of unborn child
23. Prohibition of Benami transactions
24. Transfer by unauthorized person who subsequently acquires interest in property transferred.
25. Leases of Immovable Property
26. Role of registration act in TPA
27. Relevance of Notice under transfer of Property Law
28. What may be transferred under TPA
29. Doctrine of Election
30. Doctrine of Lis Pendens: a case based analysis
31. Rule of spes successionis and its comparison with the rule of Feeding the grant by estoppel
32. Doctrine of acceleration
33. Critically examination of the rule regarding right to redemption in case of mortgages under TPA
34. Distinctions between lease and licence
35. Critical analysis of the idea of transfer of property in favour of unborn child
36. Transfer by co-owners
37. Restraints on alienations in the light of judicial precedents
38. An analysis of the rule against perpetuity
39. Meaning of clog on equity of redemption
40. Mortgages of Immovable property and charges
41. Distinction between vested and contingent interest
42. Critical examination of the rule regarding right of redemption in case of mortgages under TPA
43. Transfer of “Spes Successionis”

School of Law July- Dec 2019

 44. Essential ingredients of a lease deed and identification of unfair terms in a lease deed
45. Distinctions between vested and contingent interests in transfers of property
46. Registration Act as an essential support for applicability of the Transfer of Property Act
47. Registration of transfer document & its importance
48. Transfer by non-owners and Co-owners under TPA
49. Gift–definition and mode of transfer, suspension and revocation
50. Concept of Actionable claim.
51. A case based analysis as to why section 53A of the Transfer of Property Act, 1882 has been
controversial
52. co-extensive rights of redemption and foreclosure
53. Actual possession as constructive notice
54. Doctrine of Constructive Notice
55. Legal concept of covenants that run with the land
56. “Doctrine of Part Performance” and the effect of amendment made in 2001.
57. Importance of Attestation and Registration under TPA
58. Supreme Court’s view on the doctrine of Lis Pendens in the case of transfers of property?
59. How does the transfer of property act, 1882 deal with “good faith” in transfers of property?
60. status of Section 41 of Transfer of Property Act with reference to Benami Transaction( Prohibition) Ac
61. Distinguish between “Spes Successionis” and the rule of “Feeding the Grant by Estoppel”
62. Fraudulent Transfer
63. Doctrine of cog on equity
64. Actionable claims
65. Conditional Gifts
66. Electricity as a property.
67. Property Rights and Property Law
68. Leases, Different Kinds of Tenancies
69. Unpaid Vendor's Charge, encumbrances and Court Sales
70. Law of Adverse Possession
71. “things attached to earth” and Concept of “Doctrine of fixtures”
72. Importance of attestation; who may be a competent witness; mode of attestation; attestation
by a Pardanashin woman
73. Relevance of doctrine of Notice
74. Concept of property; Definition of and distinction between movable and immovable property
75. Meaning of ‘Transfer of Property’ under the Act; Transfer intervivos; Living person
distinguished from juristic person
76. Transfers subject to a condition or limitation
77. Critically discuss the rules regarding right of redemption in the case of mortgages under the
Transfer of Property Act, 1882
78. How does the Transfer of Property Act, 1882 deal with “good faith” in transfers of property.
79. Why Section 53A of the Transfer of Property Act, 1882 has been controversial?
80. Discuss the distinction between joint ownership and co-ownership and the implications of the same
81. Easementary Rights
82. Analysis of 157th Law Commission report.
83. Amendment of Section 106 of TPA and recommendations of 181 Law Commission Report
84. Difference between Easement and License
85. Imposition. Acquisition And Transfer of easements

School of Law July- Dec 2019

 86. Perpetual Leases
87. Contingent Transfers
88. Role of equity in Transfer of Property
89. Protection of transferee in good faith
90. Application of rule of estoppel in Property Law
91. Actionable claims under Transfer of Property Act
92. Amendments in the Transfer of Property Act
93. Oral transfers in present day context
94. Role of Mortgage in securing loans from banks
95. Marshalling in mortgages
96. Marshalling in sale
97. Charge on Immovable property
98. Difference in Gifts under TPA and Gifts under personal law
99. Difference in transfers in favour of unborn under TPA and under personal law
100. Land acquisition; Recent Judicial trends.
101. Present day application on Part Performance
102. New emerging types of business agreements for use and enjoyment of property;
differentiating lease and licence

School of Law July- Dec 2019

-----------------------------------------------------------------------------------------------------------------
Annexure-I

UPES
SCHOOL OF LAW

BA., LL.B. (HONS.) Energy Laws 2017

SEMESTER V
SESSION: JULY-DEC

ASSIGNMENT
FOR
Property law including Transfer of Property Act & Easement Act

(LLBL CLCC 3005 )

Under the Supervision of: Dr. Shikha Dimri
NAME: _______________________
SAP NO: _______________________
ROLL NO: -------------------------------------

School of Law July- Dec 2019

 INSTRUCTIONS TO STUDENTS ON ASSIGNMENT SOLVING
1. All the questions of the assignment must be handwritten.
2. To answer your assignment questions you need to access multiple information sources like
a. Your own prior experience.
b. Regular reading of Books, Law Journals, magazines and News papers
c. Reference Books
d. Browsing the internet for latest updates.

3. Please remember that due to the dynamic and rapidly changing global legal environment
and the continuously realigning geopolitical situation, your answers should capture and
depict the current contemporary information.

4. As a student of Law, we encourage to have a contrary point of view. But do ensure that
you can provide a logical justification to this view supported by verifiable facts, figures,
statues and decided cases by various higher courts.

5. Caution: Remember to provide original answers only as your Assignment submissions

will be run through an anti-plagiarism software (Turnitin).

Annexure-II

GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

1. Abstract: One page in around 300 words

It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words

2. Submission of Final Project report after approval of synopsis.

School of Law July- Dec 2019

 a. Excluding the Cover page, index page and bibliography the main write up should be
around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor
name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue
Book 19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters, conclusion,
recommendation, foot notes and required bibliography.

3. The project work shall

a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned

4. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the
portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration
with others.
5. A certificate to the effect that the project work carried out by the student independently or
in collaboration with other student(s) endorsed by the student shall form the part of the
submission for evaluation.

6. Every student who spends a specified period of time in an industry/organization/institute

for reasons of work related to his/her project work, with prior permission from the
Coordinator concerned will explicitly acknowledge working in the relevant
industry/organization/institute.

7. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Turnitin). The report produced by the software will
necessarily be as per the standards prescribed by the university. If the report is below
standards the supervisor will reject the project and award zero marks.

Programme BA.,LL.B (Hons.) Energy

Name Laws Semester v

School of Law July- Dec 2019

Faculty
Name Dr. Shikha Dimri
Transfer of property and
Subject Easement Law

Subject
Code CLCC3005
Case Analysis Research Subject Attendance Total
Paper + Grand 100
Viva Viva Marks
Enrl. No. Name
20% weightage 40% 20% 20%
weightage weightage weightage

Annexure III

Course Calendar- July- Dec, 2019

S. No. Project Assignment Grand Viva

Date of 13 August
allotment
Date of
30 October 23 September 11 Nov-16 Nov 2019
submission

Annexure IV

School of Law July- Dec 2019

 Roll No: ---------------------------

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

End Semester Examination, December 2017

Program: All Law Programs Semester – V

Subject (Course): Property Law including Transfer of Property and Easement Act
Max. Marks : 100
Course Code :LLBL 402 Duration : 3 Hrs
No. of page/s: 3

Section A ( attempt any two)

1. Write short notes on any four of the following:

Immovable Property [2] CO1

2 Notice under TPA

[2] CO1

3. Transfer of Spes Successionis [2] CO1,

4. Easementary Rights
[2] CO1

5. Actionable Claim [2] CO1

SECTION B
6. Explain “Doctrine of Part Performance” and state the effect of amendment in the concept
made in 2001 [10] CO2

7. Define ‘Mortgage’ and discuss various kinds of Mortgages contemplated U/S. 58 of the
Transfer of Property Act, 1882
[10] CO2

SECTION C is Compulsory

School of Law July- Dec 2019

8. Analyse the Amendment of Section 106 of TPA and recommendations of 181 Law [10] CO3
Commission Report

9. Explain the relevance of Section 41 of Transfer of Property Act along with analysis of [10] CO3
Benami Transaction( Prohibition) Act,1988

SECTION D

10 ‘A’ transfers his house situated at Bidholi Dehradun to ‘B’, to be enjoyed by ‘B’ during [10] CO4
his life time and then the property is to vest in the first born child of ‘B’. In case first born
child of ‘B’ is a boy then property would vest in him absolutely when such child attains
the age of 21 years. Deed also provided that in case the first born child is a girl, then
property will vest in her absolutely at the age of 10 years. The deed also provided that if
‘B’ does not have a child at all; or such child dies before attainment of the age of 21 years
or 10 years as the case may be, the property would go to B’s younger brother ‘C’. ‘B’ got
married and his first child was a boy who died at the age of 20 years. ‘C’ is claiming for
the possession and ownership of property on the basis of deed prepared by ‘A’ . Will he
succeed? Discuss in light of the legal provisions and case laws.

11 ‘A’ is the owner of 10 acres of land that has only timber trees in various stages of growth. [10] CO4
Under a contract, he confers a right in favour of ‘B’ to enter the land and cut only standing
timber. The right is spread over a period of thirty years to enter upon the land and cut only
those trees which are ready for the purpose of wood, furniture & any other related purpose.
Explain the nature of right conferred in the agreement also distinguish between movable
and immovable property with the help of case laws.

12 ‘A’ sells his house to ‘B’ who was tenant in possession, as ‘A’ was in need of money. Sale [10] CO4
deed was written but unregistered. ‘A’ afterward sells the same house to ‘C’, by a written,
attested and registered agreement. ‘C’ claims the possession on the basis of title whereas
‘B’ also claims himself to be owner of the house. Decide the claims of ‘B’ and ‘C’. Justify
your judgment by relevant provisions, case laws and authorities.

13 ‘A’ & ‘B’ were cousins. A made a will of his property in favour of his brother ‘B’. On [10] CO4
‘A’’s death ‘B’ acquired the title of the property and subsequently sold it to ‘C’ who was
one of their cousins. However, the deed provided a condition that if ‘C’ wanted to sell
the property, he would sell it only to seller’s family and not to anybody else. Both the
parties were of same caste. The deed further provided that the property was sold on this

School of Law July- Dec 2019

 condition. ‘C’ sold the property to ‘D’, ignoring the condition incorporated and agreed
by him in the deed. ‘B’ took back the possession of the property on the ground that ‘C’
had committed breach of condition, so the transfer in favour of ‘D’ was void. He also
filed a suit against ‘C’ & ‘D’ seeking perpetual injunction restraining them from
interfering with his possession of the property. Decide the claim of ‘B’. Justify your
judgment by relevant provisions and case laws
14 ‘A’, was the owner of a land. Land had a fountain surrounded by houses. ‘A’ sold the land [10] CO4
to ‘B’ with a covenant that ‘B’ and his successors or assignees shall keep the fountain
intact and shall not demolish it or construct any house in the fountain area. ‘A’ retained
with him few of the houses which were surrounding the fountain. After 6 months ‘B’ sold
the land along with fountain area to ‘C’. ‘C’ sold subsequently to ‘D’. ‘D’ had no notice
of the terms of original covenant what ‘B’ and subsequently ‘C’ also had agreed upon. He
started demolishing the fountain. For enforcement of the covenant ‘A’ filed suit against
‘D’ seeking injunction to restrain ‘D’ from demolishing the fountain and stop him from
doing any construction in that area. Will ‘A’ succeed? Decide with help of relevant
provisions & case laws.

School of Law July- Dec 2019