B.A.LL.B. /BB.A.LL.B.(Hons).
-Semester - 6
PROPERTY LAW
Course Code: UL-BAL-603/UL-BBLH-603 Credit: 4
A) INTRODUCTION
This course provides a clear structure of laws that govern the transfer of movable and
immovable property in India. It exposes the students to The Transfer of Property Act, 1882
and The Indian Easement Act, 1882. It analyses the mechanisms like conditional transfer, lis
pendens, part-performance, gift, mortgage, etc. and lays down the general principles to be
followed during the transfer of property.
B) OBJECTIVES
The objectives of this course are:
To help the students understand the concept of property and its kind;
To enable the students to learn the law relating to the transfer of property inter-vivos.
C) LEARNING OUTCOMES
At the end of the course, students will be able to:
1. Interpret and apply relevant provisions and judicial decisions in property
transactions
2. Demonstrate the ability to compare statutory provisions & legal theories of different
jurisdictions
3. develop an understanding and acquire application-oriented knowledge of the rules,
regulations, notifications and circulars issued by regulatory authorities from time to
time in relation to contemporary and relevant issues.
D) CURRICULUM
Unit Content Hours
60
1. Introduction to The Transfer of Property Act, 1882 06
1.1 Background and Applicability of the Act
1.2 Need for Implementation of the Act
1.3 Jurisprudential concept of Ownership and Possession
2. Interpretation of relevant concepts under the Act (In accordance with 06
other Statutes) S.3
2.1 Meaning of Movable and Immovable Property
2.2 Document and Instrument
2.3 Registered instrument
2.4 Attestation
2.5 Doctrine of Notice
3. Fundamentals of transfer of property (S.5) 06
3.1 Meaning of Transfer of Property under the Act
3.2 Transfer of property by Act of Parties
3.3 Transfers by Operation of Law
4. Basic Principles of transfer of property (S.6-S.9) 06
4.1 Properties that may be transferred
4.2 Persons competent to transfer
4.3 Operation of transfer
4.4 Oral transfers
5. General rules governing transfer of movable and immovable property 06
(S.10-S.34)
5.1 Restrictions permissible during transfer
5.2 Law relating to transfer to unborn persons
5.3 Direction for accumulation of income
5.4 Vested and contingent interest in a property
5.5 Legality of Conditional transfers
6. Principles of transfer of immovable property by specific persons (S.38- 06
S.51)
6.1 Transfer by ostensible owner
6.2 Transfer by persons under certain circumstances
6.3 Transfer by co-owners
6.4 Transfer by joint owners
7. Doctrines of transfer of property (S.35-S.37 & S.52-S.53A) 06
7.1 Election
7.2 Apportionment
7.3 Lis Pendens
7.4 Fraudulent transfer
7.5 Part performance
8. Law relating to Specific Transfers under the Transfer of Property Act, 06
1882 (S.54-137)
8.1 Sale of immovable property
8.2 Mortgages and Charge
8.3 Lease
8.4 Exchanges
8.5 Gifts
8.6 Actionable claims
9. Introduction to The Indian Easement Act, 1882 06
9.1 Object of the Act
9.2 Concept of Easement
9.3 Types of Easement
9.4 Easement of Necessity and Quasi Easement
9.5 Easement by Prescription
9.6 Customary Easement
9.7 Licenses
9.8 Difference between easements and licenses
10. Law relating to Easement. 06
10.1 Who may impose easements?
10.2 Acquisition of easements
10.3 Transfer of easement right
10.4 Extinction, suspension and revival of easements
Self-Learning Topics
Sr. Topic Reference Material
No.
1. Law relating to Benami Transaction Benami Transaction Act, 1988
(indiacode.nic.in)
2. Rules of Registration of Instruments Registration Act, 1908
the_registration_act,_1908.pdf
(indiacode.nic.in)
3. Law relating to the payment of Stamp Duty Indian Stamp Act, 1899
during the transfer of property
indian_stamp_act_1899.pdf
(indiacode.nic.in)
E) RECOMMENDED READINGS/ REFERENCES
1. Mulla’s Transfer of Property Act (11 ed. 2013).
th
2. Poonam Pradhan Saxena, Property Law, Lexis Nexis; 3 Edn. (2017).
rd
3. Vepa P. Sarathi (Rev.) G.C.V. Subba Rao’s Law of Transfer of Property (3 ed., rd
2002).
4. Sen Gupta (Rev.) Mitra’s Transfer of Property Act (18 ed., 2004).
th
5. P M Bakshi (ed.,) S.M. Lahiri’s Transfer of Property Act (11 ed., 2001).
th
