PROPERTY LAW AND EASEMENT LAW
OBJECTIVES:
The objectives of studying this course are-
o To equipping students with the concept of property
o To explain various provisions of the Transfer of Property Act, 1882 and Easement Act,
1882
o To demonstrate the operation for transfer of immovable property.
o To outline the substantive law relating to particular transfers, such as sale, mortgage,
lease, exchange, gift and actionable claims.
o To build the strong command on underlying of easements and licences, the rights of
parties, etc.
Credits: 6 Trimester VII L–T–P: 4– 2–2
Module No. Content Teaching
Hours
Concept of Property and General Principles Relating to Transfer of
Property: Concept of property: distinction between moveable and
immoveable property, Definition clause: Immovable property, Attestation,
Module-I Notice, Actionable claim, Definition to transfer of property (Sec.5), 30
Transfer and non-transfer property (Sec.10-12), Transfer to an unborn child
and rule against perpetuity (Sec.13, 14, 17), Vested and Contingent interest
(Sec.19 & 21), Rule of Election (Sec.35)
General Principles Governing Transfer of Immoveable Property:
Transfer by ostensible owner, Rule of feeding the grant by estoppels, Rule
of Lis pendens, Fraudulent transfer, Rule of part performance e, Vested and
Module-II contingent interest, Conditional transfer 30
Specific Transfers and Easement Act: Sale and gift, Mortgage and
charge, Lease and License, Object and main provisions of the Easement
Act, Creation of Easement, Riparian rights, introduction of Equity and Trust
Law.
LEARNING OUTCOMES:
Students would be able to understand clear, systematic and uniform law for transfer of
immovable property.
Students would be able to understand various provisions inter- vivos.
Students would be able to apply principles of justice, equity and good consciences, if a
particular case is not governed by any provision of law.
Students would be able to know various modes of transfer of property and easements rights.
REFERENCE BOOKS:
Mulla, Transfer of Property Act, 1999, Universal Delhi
Subba Rao, Transfer of Property Act, 1994, Subbiah Chetty, Madras
V.P.Sarathy, Transfer of Property, 1995 Eastern Book Co.
T.P.Tripathi, Transfer of Property Act, 2007
S.N.Shukla, Transfer of Property Act, 2007
STATUTORY MATERIALS:
The Transfer of Property Act, 1882
The Indian Easement Act, 1882