PROPERTY LAW

M1
📘 1. Definition of Transfer of Property (Section 5)
"Transfer of Property" means:
 Giving property rights (ownership, lease, mortgage, etc.)
 From one living person to another living person.
🟢 Applies to both movable and immovable property (but TP
Act mainly deals with immovable).
🔸 Example:
A sells his land to B → This is a transfer of property.

📘 2. Kinds of Interest
Interest = Type of right a person has in the property.
a. Vested Interest (Section 19)
 Becomes the person’s right immediately, even if
possession is delayed.
🔸 Example: A gives land to B, to be taken after 5 years. B’s
right starts now, even though possession is later.
b. Contingent Interest (Section 21)
 Depends on a future event happening. No right until the
condition is met.
🔸 Example: A gives property to B if B marries before 25. If B
doesn’t marry, no rights
📘 3. Conditional Transfer (Section 25)
A transfer made with a condition attached.
 If the condition is valid, the transfer is valid.
 If the condition is impossible, illegal, or immoral, the
transfer is void.
🔸 Example: A gives land to B on condition that B never
marries – ❌ invalid condition → transfer fails.
📘 4. Doctrine of Election (Section 35)
When someone gets a benefit and a burden from the same
transfer, they must choose (elect):
 Either accept the benefit and give up the property, or
 Reject the benefit and keep the property.
🔸 Example: A gives ₹5 lakh to B and also gives B's house to C.
B must elect:
 Take ₹5 lakh and let C keep house, or
 Refuse ₹5 lakh and keep the house.

📘 5. Transfer by Ostensible Owner (Section 41)

When someone pretends to be owner and sells property —
the sale is valid if:
 Real owner allowed it,
 Buyer acted in good faith, and
 Paid fair value.
🔸 Example: A lets B act like owner. B sells to C. If C didn’t
know the truth, the transfer is valid.
📘 6. Feeding the Grant by Estoppel (Section 43)
If a person sells property they don’t own yet, but later gets
ownership —
Then buyer can claim the property.
🔸 Example: A sells land to B without owning it. Later, A
inherits the land. Now B can claim it.

📘 7. Improvement by Bonafide Purchaser (Section 51)

If a buyer:
 Buys in good faith,
 Makes improvements (like building), and
 Then loses ownership due to legal defect...
👉 The buyer can ask for compensation for improvements.

📘 8. Lis Pendens (Section 52)

Means: Pending court case.
You cannot transfer property when it is involved in a court
case, until the case is over.
🔸 Example: A and B are in a land dispute. A cannot sell the
land to C while the case is going on.

📘 9. Fraudulent Transfer (Section 53)

If a person transfers property to:
  Cheat creditors, or
 Avoid paying debts,
👉 The transfer is voidable (can be cancelled).
🔸 Example: A owes money and transfers his land to his friend
to hide it — this is a fraudulent transfer.

📘 10. Doctrine of Part Performance (Section 53A)

If:
 There’s a written agreement to sell property,
 Buyer has taken possession, and
 Performed his part (like paid money),
👉 Seller cannot go back on the deal, even if sale isn’t
registered.
🔸 Example: A agrees to sell land to B. B pays, moves in. A
tries to cancel — ❌ not allowed due to part performance.

📘 11. Other General Principles of Transfer

✅ Valid Transfer Must:
 Be between living persons.
 Deal with existing property.
 Be lawful (not illegal or immoral).
 Follow legal methods (like writing, registration).
 Be done by someone who is competent to contract.
M2
SALE
✅ Section 54 – Sale Defined
  Sale means transfer of ownership in exchange for a
price paid or promised or partly paid and partly
promised.
 Immovable property worth ₹100 or more must be
transferred through a registered instrument.
 Immovable property worth less than ₹100 can be
transferred either through registration or delivery of
possession.
 Delivery means putting the buyer in possession of the
property.
 An agreement to sell (i.e., a contract to transfer
property in the future) does not create ownership or
interest—it only gives a right to sue for specific
performance.
✅ Section 55 – Rights and Liabilities of Buyer and Seller
This section applies in absence of a contract to the contrary.
It lays down the duties of the seller and buyer:
✅ Seller's Duties:
1. Disclose material defects in the property or title.
2. Produce title documents.
3. Answer questions about the title.
4. Execute proper conveyance (legal transfer).
5. Take care of the property until delivery.
6. Give possession to the buyer.
✅ Seller's Rights:
 Right to rents and profits until ownership is passed.
 Right to charge unpaid sale price if ownership has
passed but payment is pending.
✅ Buyer's Duties:
1. Disclose facts that may increase the value.
2. Pay the purchase money as agreed.
3. Bear the cost of stamp duty and registration.
✅ Buyer's Rights:
 Right to benefit of increase in value or rents/profits
after ownership passes.
 Right to get possession and title documents after
payment.
✅ Section 56 – Marshalling by Subsequent Purchaser
 If the same seller has mortgaged multiple properties
and then sells one, the buyer can ask that the unpaid
mortgage be first recovered from the unsold property,
not the one he bought.
 This protects the buyer’s interest, unless there's a
contract to the contrary.
✅ Section 57 – Provision by Court for Encumbrances on Sale
 If a property is sold through court action (e.g., for debt
recovery), and the property has any mortgages or
encumbrances, the court can:
 o Allow the buyer to pay the mortgage, OR
o Deduct the mortgage amount from the purchase
money, and
o The court will remove the encumbrance or secure
payment to the creditor.
GIFT
Section 122 – Definition of Gift
 A gift is the voluntary transfer of property from one
person (donor) to another (donee) without
consideration (i.e., without payment or exchange).
 The donor must do it willingly, and the donee must
accept it during the donor’s lifetime.
Section 123 – How Gift of Immovable and Movable Property
is Made
 Immovable property: Must be registered through a
legal document (a registered instrument) signed by the
donor and attested by at least two witnesses.
 Movable property: Can be transferred either by
registration or by delivery of possession.

Section 124 – Gift of Existing and Future Property

 A gift can only be made of existing property (something
the donor currently owns).
  A gift of future property (something the donor may
acquire later) is void.
Section 125 – Gift to Several Donees
 If a gift is made to more than one person, and one of
them does not accept it, the gift is valid only for those
who accept it.
Section 126 – When a Gift May Be Suspended or Revoked
 A gift can be revoked (cancelled) if:
1. The donor and donee agree beforehand that the
gift can be revoked under certain conditions.
2. The gift is made under conditions that are not
fulfilled.
 However, mere desire to cancel a gift is not enough.
There must be a valid condition or fraud/coercion.
Section 127 – Onerous Gifts
 If a gift comes with a burden or liability (like a property
that requires paying taxes or debts), the donee must
either:
o Accept the whole gift (including burden), or
o Reject it entirely.
 If the donee is a minor, they can repudiate the burden
once they become a major.
Section 128 – Universal Donee
  A universal donee is someone who receives the donor’s
whole property.
 They are liable to pay all debts and liabilities of the
donor out of the gifted property.
Section 129 – Saving of Donations Mortis Causa
 This section keeps the concept of “donation mortis
causa” valid.
 It refers to a gift made in contemplation of death,
which is revocable if:
o The donor recovers from illness,
o The donee dies before the donor,
o The donor revokes it before death.

EXCHANGE
🔁 Section 118 – "Exchange" Defined
 An exchange means when two people transfer
ownership of one property for another, without
involving money (i.e., not a sale).
 Both parties give and take property.
 It can include movable or immovable property.
📝 Example: A gives a piece of land to B, and in return B gives
A a shop. That’s an exchange.
🔁 Section 119 – Right of Party Damaged by Breach of
Exchange
  If one party fails to deliver the property they promised
in the exchange:
o The other party can either claim the property or
ask for compensation for the loss.
o This section protects a party who suffers due to the
breach of agreement in an exchange.
🔁 Section 120 – Rights and Liabilities of Parties as to
Improvements
 If a party receives a property in exchange and then:
o Loses it because of defective title (e.g., someone
else claims it),
o And they made improvements or constructions on
that property,
 Then they have a right to claim compensation for the
value of those improvements from the other party.
🔁 Section 121 – Exchange of Money
 Money for money is not considered an exchange under
the TP Act.
 Example: Swapping ₹500 notes for ₹100 coins is not an
exchange under this law—it’s just a money transaction.

M3
WHAT IS A MORTGAGE? (Section 58)
A mortgage is when a person (mortgagor) transfers an
interest in immovable property to another person
(mortgagee) as security for a loan or debt. The property acts
as collateral.
🔷 TYPES OF MORTGAGES (Section 58 clauses a–g)
There are 6 main types of mortgages:
1. Simple Mortgage:
o Possession is not given.
o Mortgagor personally promises to pay.
o If unpaid, the mortgagee can get the property sold
by court.
2. Mortgage by Conditional Sale:
o Mortgagor sells the property on condition that the
sale will be cancelled if the loan is repaid.
o If not repaid, the sale becomes absolute.
3. Usufructuary Mortgage:
o Possession is given to the mortgagee.
o Mortgagee enjoys rents and profits from the
property in place of interest.
o No personal liability on the mortgagor.
4. English Mortgage:
o Mortgagor transfers property absolutely to the
mortgagee.
 o But promises to repay on a fixed date, and
mortgagee agrees to retransfer once the loan is
paid.
5. Mortgage by Deposit of Title Deeds (Equitable
Mortgage):
o No formal document is needed.
o The mortgagor gives title deeds to the lender
(mortgagee) as security.
o Common in cities like Mumbai, Kolkata, and
Chennai.
6. Anomalous Mortgage:
o A mixture of the above types or something
different not covered by others.
🔷 Rights and Liabilities
✅ Rights of Mortgagee (Sections 67–72)
 Right to sell or foreclose the property.
 Right to possession (in some types).
 Right to receive rent/profits in usufructuary mortgage.

✅ Rights of Mortgagor (Sections 60–66)

 Right of Redemption (Sec 60): The mortgagor can
reclaim the property by repaying the loan.
 Right to inspect documents (Sec 60B).
 Right to lease property (with conditions).
DOCTRINE
🔷 1. Consolidation (Section 61)
👉 Meaning:
If a mortgagee holds two or more mortgages from the same
mortgagor on different properties, he may refuse to allow
redemption of one mortgage unless all are redeemed
together.
📌 Condition:
 Allowed only if there is a contract to that effect.
 Cannot apply automatically (as per Section 61).
📖 Example:
A mortgages Property X to B and Property Y to B later. B can
refuse to release X unless A redeems both X and Y, but only
if agreed upon in the contract.

🔷 2. Marshalling (Section 81)

👉 Meaning:
If a person has mortgaged two or more properties, and then
sells one of them, the buyer can ask that the mortgage debt
be first satisfied from the unsold properties.
📌 Protects:
  The interests of subsequent buyers.
📖 Example:
A mortgages Properties X and Y to B. Later, A sells Property X
to C. C can request that B recover the debt first from Y, to
protect C's interest.
🔷 3. Contribution (Section 82 and 93)
👉 Meaning:
When more than one property or person is liable for a
mortgage debt, each must contribute proportionately to
discharge the debt.
Types:
 Section 82 – Contribution between properties.
 Section 93 – Contribution between co-mortgagors.
📖 Example:
 A mortgages Properties X and Y (worth ₹60 and ₹40) for
₹1,00,000. If X is sold to pay the debt, Y must contribute
40% (i.e., ₹40,000).
 If A and B are co-mortgagors and A pays the whole debt,
he can recover half from B.
🔷 4. Subrogation (Section 92)
👉 Meaning:
When a person pays off someone else’s mortgage, he is
"subrogated" to the rights of that original mortgagee—i.e.,
he steps into their shoes.
📌 Types:
1. Legal Subrogation – e.g., second mortgagee pays the
first.
2. Conventional Subrogation – done by agreement
between the parties.
📖 Example:
 A owes ₹1,00,000 to B (first mortgagee). C (second
mortgagee or third party) pays B. Now C gets all rights
that B had as the first mortgagee—like priority in
recovery.
🔁 Summary Table:
Concept Who Benefits? Key Idea
Refuse redemption unless
Consolidation Mortgagee all mortgages are
redeemed together
Buyer of mortgaged Debt should be recovered
Marshalling
property from unsold property first
Co-mortgagors or
Share burden
Contribution multi-property
proportionally
mortgagors
Payer of another's Step into creditor’s shoes
Subrogation
debt after payment
REDEMPTION [SECTION 60]
Right of Redemption: Mortgagor has a legal right to get back
the property after clearing the debt. This right cannot be
taken away by any agreement (Doctrine of equity: “Once a
mortgage, always a mortgage”).
🔹 C. Clog on Redemption
clog" is any unfair condition or restriction placed in a
mortgage deed that prevents or limits the mortgagor from
redeeming the property.
Example: A clause saying “if not paid in 2 years, the property
becomes permanently the lender’s” is a clog and invalid.

🔹 D. Partial Redemption
The mortgagor cannot redeem only part of the mortgaged
property unless the mortgage is divisible.
Exception: If the mortgage deed specifies separate debts and
property divisions, partial redemption may be allowed.

CHARGE
In the Transfer of Property Act, 1882 (TP Act), the term
"charge" refers to a specific kind of interest or right over an
immovable property, created to secure the payment of
money, similar to a mortgage — but with some key
differences.
📘 Section 100 of the TP Act: Charge
This section defines and governs charges on immovable
property.
🔍 Definition of Charge:
A charge is created when:
 A person secures the payment of money (like a loan or
obligation),
 Without transferring ownership or possession, and
 The property is used as security for that obligation.
⚖️Essentials of a Charge:
1. Immovable property must be involved.
2. No transfer of interest or possession (unlike a
mortgage).
3. Can be created by act of parties or by operation of law.
4. Must be in writing, unless it is by operation of law.
Example:
If A agrees to pay maintenance to B and creates a charge on
his land for that payment, B can enforce this charge against
the land, but B doesn’t own or possess the land.

LEASE
🔹 Section 105 – Lease Defined
A lease is:
  A transfer of the right to enjoy an immovable property,
 For a certain time period, in return for rent or service,
 Between two people:
o Lessor = Owner who gives the property,
o Lessee = Person who takes it on lease.
🔹 Section 106 – Duration of Lease (In Absence of a Contract)
If the lease doesn’t mention time:
 For residential or business purposes ➝ Month-to-
month lease.
 For agricultural or manufacturing ➝ Year-to-year lease.
📌 Either party can end the lease by giving:
 15 days’ notice for monthly leases.
 6 months’ notice for yearly leases.
🔹 Section 107 – How Lease is Made
 If lease is for more than 1 year, it must:
o Be in writing,
o Be registered.
 Shorter leases (up to 1 year) can be oral if possession is
given.
🔹 Section 108 – Rights and Liabilities of Lessor and Lessee
Covered earlier in detail, but a quick recap:
For Lessor:
  Give possession.
 Disclose defects.
 Not disturb the lessee’s enjoyment.
For Lessee:
 Pay rent.
 Take care of the property.
 Return property after lease ends.
 Use property legally.
🔹 Section 109 – Rights of Lessor’s Transferee
If the lessor sells or transfers the leased property:
 The new owner gets the same rights (like collecting
rent).
 Lessee must be informed of the transfer.
🔹 Section 110 – Commencement of Lease
A lease starts:
 From the day it’s executed, unless the lease document
mentions a different starting date.
🔹 Section 111 – How Lease Ends (Determination of Lease)
Lease ends:
1. By expiry of time.
2. On event happening.
3. On notice to quit.
 4. On forfeiture (lessee breaks conditions).
5. On surrender (lessee gives up lease).
6. On merger (lessor and lessee become one).
7. By law (e.g., property taken by govt).
🔹 Section 112 – Waiver of Forfeiture
If lessor forgives a default (like accepting rent after breach),
the lease continues — the forfeiture is waived.
🔹 Section 113 – Waiver of Notice to Quit
If the landlord gives notice to end lease but then:
 Accepts rent, or
 Acts like the lease is still active,
👉 Then that notice is cancelled (waived).
🔹 Section 114 – Relief Against Forfeiture
If lessee breaks terms (like not paying rent), but:
 Pays the rent due with interest before eviction,
👉 Court can allow him to stay, i.e., cancel the forfeiture.
🔹 Section 114A – Relief Against Forfeiture for Breach of
Condition
If lease says “property must be used for a specific purpose”
and lessee does something else:
 Lessor may want to cancel lease.
 But court can give lessee another chance if it's fair.
🔹 Section 115 – Effect of Surrender and Forfeiture on Under-
Leases
If lessee gives up lease (surrenders) or it ends (forfeiture),
 Any under-lease created by the lessee also ends unless
the lessor agrees to let it continue.
🔹 Section 116 – Doctrine of Holding Over
Already discussed earlier:
 When lease ends, but lessee continues to stay, and
 Lessor accepts rent or allows it,
👉 It becomes a new lease, usually month-to-month.
🔹 Section 117 – Leases for Agricultural Purposes
 This section allows state governments to make special
rules for leases of agricultural lands — may override
other TP Act rules.

ACTIONABLE CLAIM
An actionable claim under the Transfer of Property Act,
1882 is defined in Section 3. Here's a clear and simple
explanation:
🔹 What is an Actionable Claim?
An actionable claim is a claim to a debt or any beneficial
interest in movable property that:
1. Can be enforced by a civil suit, and
 2. The debt is unsecured (i.e., not backed by any mortgage
or pledge).
✅ Examples of Actionable Claims:
 A person’s right to recover unsecured loans.
 Money due under a life insurance policy.
 Claim for arrears of rent.
 Lottery winnings (in some contexts).
❌ Not Actionable Claims:
 Secured debts (e.g., mortgage, pledge).
 Ownership rights over immovable property.
 Any right which cannot be claimed through a civil suit.
📝 Transfer of Actionable Claims:
 Section 130 of the TP Act allows transfer (assignment)
of actionable claims.
 The transfer must be:
o In writing, signed by the transferor.
o Notice must be given to the debtor (though not
mandatory for validity, it’s needed to bind the
debtor).
IT
M3
c) E-Mail Investigation – E-Mail Tracking – E-Mail Recovery
 E-Mail Investigation: Analyzing emails to uncover
evidence in cybercrimes—examining headers, content,
attachments, and metadata to trace senders or detect
malicious activity.
 E-Mail Tracking: Monitoring emails to check when they
are opened, if links are clicked, and the recipient’s
IP/location. Used in marketing and cybercrime
investigations.
 E-Mail Recovery: Restoring deleted or lost emails using
backup systems, forensic tools, or server data—even if
the emails were erased or hidden.
d) Password Cracking
The process of recovering or breaking passwords to gain
system access. Techniques include:
 Brute Force (trying all combinations),
 Dictionary Attacks (using common passwords),
 Rainbow Tables (precomputed hash matches),
 Phishing (tricking users), and
 Keylogging (recording keystrokes).
Used ethically in security testing or maliciously by attackers.
M5
a) Wireless Networks
Different types of wireless networks based on range and use:
 Personal Area Network (PAN): Short-range network (up
to 10 meters) for personal devices like smartphones,
Bluetooth headphones, etc.
 Wireless Local Area Network (WLAN): Medium-range
(up to 100 meters), commonly used in homes, schools,
and offices—usually based on Wi-Fi.
 Metropolitan Area Network (MAN): Covers a city or
large campus, often using wireless connections like
WiMAX.
 Wireless Wide Area Network (WWAN): Covers large
geographic areas using mobile networks (3G/4G/5G)
and satellite links.
b) War Chalking, War Driving, and War Flying
 War Chalking: Drawing symbols in public to indicate the
presence of nearby open or secure Wi-Fi networks.
 War Driving: Driving around with a laptop and Wi-Fi
scanner to detect wireless networks—used in both
ethical and malicious ways.
 War Flying: Similar to war driving, but done from an
aircraft or drone to detect Wi-Fi networks from above.

c) Common Wi-Fi Security Recommendations

Basic tips to protect Wi-Fi networks:
 Use WPA3 or WPA2 encryption.
 Set a strong, unique password.
 Disable SSID broadcast if possible.
 Enable MAC address filtering.
 Update router firmware regularly.
 Use firewalls and monitor connected devices.
d) Steganography
A technique to hide data within other files, such as images,
videos, or audio. For example, a secret message may be
hidden in the pixels of an image. It’s used to:
 Securely transmit confidential data.
  Hide malware or illegal content.
 Avoid detection by security tools.
e) VPN (Virtual Private Network)
A VPN creates a secure and encrypted connection over the
internet. It:
 Hides your IP address and location.
 Encrypts your online activity.
 Provides anonymity and protection on public Wi-Fi.
 Can bypass geo-restrictions or censorship.

M6
a) Crime and Mobile Phones – Evidence – Forensic
Procedures
 Crime and Mobile Phones: Mobile phones are often
used in crimes (e.g., communication, location tracking,
illegal apps, etc.).
 Evidence: Includes call logs, messages, photos, app data,
GPS history, and social media activity.
 Forensic Procedures: Steps to preserve, extract, and
analyze data from phones without altering it—includes
proper seizure, isolation (e.g., Faraday bag), imaging,
and analysis.
b) Files Present in SIM Card – Device Data – Evidence in
Memory Card
 SIM Card: Stores SMS, contacts, network data (IMSI,
service provider info).
 Device Data: Stored on internal memory—includes app
data, browser history, multimedia, call logs, etc.
 Memory Card: Stores additional data like photos,
videos, documents—may also contain deleted or hidden
files relevant as evidence.

c) Android Forensics – Procedures for Handling an Android

Device
 Android Forensics: The process of extracting and
analyzing data from Android devices for legal purposes.
 Handling Procedures:
o Avoid remote wipe (use airplane mode or Faraday
bag).
o Document the device’s condition.
o Create a forensic image before analysis.
o Use proper tools (like Cellebrite, MOBILedit,
Magnet AXIOM).
d) Imaging Android USB Mass Storage Devices – Logical and
Physical Techniques
 Imaging: Creating a bit-by-bit copy of the data for
forensic analysis without changing the original.
  USB Mass Storage: Older Android devices support this
mode—makes it easier to access internal storage like a
flash drive.
 Logical Acquisition: Extracts data using the device’s
operating system (e.g., call logs, contacts)—easier, but
limited.
 Physical Acquisition: Copies the entire memory
(including deleted and hidden data)—more detailed, but
complex and riskier.

M7
a) Network Security Management – Firewalls, Intrusion
Detection System (IDS)
 Network Security Management: Strategies and tools
used to protect a network from threats and ensure safe
data flow.
 Firewalls: Act as a barrier between internal and external
networks—block or allow traffic based on security rules.
 IDS (Intrusion Detection System): Monitors network
traffic for suspicious activity or known threats and alerts
administrators.
b) Information Security Management – Access Control
Models
  Information Security Management: The overall process
of protecting sensitive data using policies, technologies,
and procedures.
 Access Control Models:
o Role-Based Access Control (RBAC): Access is given
based on user roles (e.g., admin, user, guest).
o Lattice Model: Access is based on multiple levels
(e.g., top secret, confidential) using strict policies.
o Mandatory Access Control (MAC): System-
enforced access based on fixed rules; users can't
change permissions.
o Discretionary Access Control (DAC): Users have
control over their data and can decide who
accesses it.
c) Technical Controls for Authentication and Confidentiality
– Password Management
 Authentication: Verifying a user's identity using
passwords, biometrics, or tokens.
 Confidentiality: Ensuring that data is only accessible to
authorized users.
 Password Management:
o Use of strong, unique passwords.
o Use of password managers to store them securely.
o Implementing multi-factor authentication (MFA).
d) Key Management for Users
 Key Management: Involves generating, storing,
distributing, and replacing encryption keys securely.
 Ensures only authorized users can access encrypted
data.
 Important for email encryption, secure file sharing, and
overall data protection.