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F01 (C)
IssueNo.04 Rev. No 5 Dated: July 27, 2018
COURSE PLAN
Programme : B.COM, LL.B. (Hons.) Taxation Laws 2016
Course : Property Law including Transfer of Property Act and Easement Act
Semester : Semester V
Session : July-December, 2018
Batch : 2016-2021
Subject Code : LLBL 402
No. of credits : 4
Prepared by : Ms. Parul Sinha
Email : parul.sinha@ddn.upes.ac.in
Approved By
_______________________ _______________________
HOD Dean
Subject: Property Law including Transfer of Course: B.COM, LL.B. (Hons.) Taxation
Property Act and Easement Act Laws 2016
A. OBJECTIVES:
1. To make the students understand basic principles and concepts related to transfer of property.
2. To enable the students understand and analyse various modes of alienation under Transfer of
Property act, 1882 and related legal requirements.
3. Be acquainted with the questions of law involved in the transfer of property.
4. Be acquainted with the concept, creation, scope and application of easement.
5. To enable the students apply the law of transfer of property towards problem solving
B. COURSE OUTCOMES:
402
C. COURSE OUTLINE
It has 5 modules which are as follows:
MODULE IV:
Lease & License
Charges
Gift
Will
Exchange
MODULE V: EASEMENTS
Creation of Easements
Nature and Characteristics of Easements.
Doctrine of prescription
Extinction, Suspension and Revival of Easements, Riparian Right
C.PEDAGOGY
Interactive approach shall be followed during the study. (Students are supposed to come prepared
for the topics for discussion in the class/ case studies/ Presentations/ Viva-voce)
Work in small groups for Group Projects and personalized teaching
(Student counseling, tutoring, and individual/group projects/ assignments, exercises)
Lecture
Presentations
Case studies
Examples
Assignments
Group Discussion
Lectures: 4 h/week;
Total hours per week: 4 contact hours per week would be used. Extra classes would be held as per
the requirement for problem-solving exercises, clearing doubts and guiding assignments.
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description Weight age Schedule:-
Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following 5
components:
a. Two class tests/snap-test/quiz 20 Marks [02 X10 Marks]
b. Assignment / Case Analysis 20 Marks
c. Project work 20 Marks (Abstract, final draft and Viva)
d. Subject grand viva 20 Marks
e. Attendance 20 Marks
Student has to secure minimum 40% marks of the “highest marks in the class scored by a student in
that subject (in that class/group class)” individually in both the ‘End-Term examination’ and
‘Total Marks’ in order to pass in that paper.
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less than said
percentage shall NOT be allowed to appear in the end semester examination. The student obtaining
100% attendance would be given 20% bonus marks for internal assessment.
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.
SESSI P PADAGOGY
TOPIC READINGS
ON
Introduction to the
course Lecture
Scope of the Act Whiteboard
and discussion Examples
1. Course Plan
about the course Discussion
plan Presentation
Random Questions
Lecture
Property Law by Poonam Pradhan Saxena, Whiteboard
2nd Ed. Ch 1, pg11-26 Examples
Immovable Transfer of Property Act, by Mulla,10th Discussion
Property Ed.,pg31-35 Presentation
5. Important cases Cases:Bamdev Panigrahi v. Monorama Raj, Random Questions
related to AIR 1974 AP 226
property Duncans Industries Ltd. v. State of U.P.
(2000)1 SCC 633
Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
Examples
2nd Ed. Ch 1, pg 35-54
Notice Discussion
8. Transfer of Property Act, by Mulla,10th
Kinds of notice Presentation
Ed.,pg38-62
Random Questions
Lecture
Mode of Transfer Whiteboard
Property Law by Poonam Pradhan Saxena,
Operation of 2nd Ed. Ch 2, pg 57 Examples
12.
Transfer Discussion
Transfer of Property Act, by Mulla,10th Ed.,
Presentation
Ch.2 ,pg69-81
Random Questions
Lecture
Legal incidents of TheTransfer of Property Act by R.K.Sinha, Whiteboard
Transfer 11th Ed. Ch 2, pg 81-84 Examples
13
Oral Transfer Transfer of Property Act, by Mulla,10th Ed., Discussion
Ch.2 ,pg82-121 Presentation
Random Questions
Lecture
Condition Property Law by Poonam Pradhan Saxena, Whiteboard
Restraining 2nd Ed. Ch 2, pg 88-102 Examples
14.
alienation, Transfer of Property Act, by Mulla,10th Ed., Discussion
Exceptions Ch.2 ,pg144-155 Presentation
Random Questions
Restriction Lecture
Property Law by Poonam Pradhan Saxena,
15 repugnant to nd Whiteboard
2 Ed. Ch 2, pg103-109
Interest Created; Examples
Conditional
Lecture
Transfer The Transfer of Property Act by R.K.Sinha,
Whiteboard
Fulfillment of 11th Ed. Ch. 2, pg 125-140
Examples
22. condition Transfer of Property Act, by Mulla,10th Ed.,
Discussion
precedent Ch.2 ,pg 167-232
Presentation
Rule Of Random Questions
Acceleration
Lecture
The Transfer of Property Act by R.K.Sinha, Whiteboard
Doctrine of 11th Ed. Ch. 2, pg 138-143 Examples
23. Election Sec. 35, Transfer of Property Act, by Mulla,10th Ed., Discussion
Ch.2 ,pg 234-242 Presentation
Random Questions
Apportionment
Apportionment
by time Lecture
Apportionment Property Law by Poonam Pradhan Saxena, Whiteboard
by estate 2nd Ed. Ch. 2, pg 160-162 Examples
24 Burden of Transfer of Property Act, by Mulla,10th Ed., Discussion
obligation Ch.2 ,pg 243-249 Presentation
imposing Random Questions
restriction on
use of land
Transfer by
Ostensible
owner
Benami
Transaction Lecture
(Prohibition of The Transfer of Property Act by R.K.Sinha, Whiteboard
the Rights to 11th Ed. Ch. 2, pg 152-170 Examples
25. th
recover Transfer of Property Act, by Mulla,10 Ed., Discussion
Property) Ch.2 ,pg 272-293 Presentation
Act,1988 Random Questions
Benami
Transaction
(Prohibition)
Transfer by
unauthorized
person who Property Law by Poonam Pradhan Saxena,
26. subsequently 2nd Ed. Ch. 2, pg 187-206
acquires interest in
the property
transferred.
Property Law by Poonam Pradhan Saxena,
Lecture
2nd Ed. Ch. 2, pg 225-244
Transfer of Whiteboard
Transfer of Property Act, by Mulla,10th Ed.,
Property pending Examples
Ch.2 ,pg 349-390
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,
2nd Ed. Ch. 2, pg 225-244
Transfer of Property Act, by Mulla,10th Ed.,
Ch.2 ,pg349-390
Lecture
Transfer of Whiteboard
Cases:Amarnath v. Deputy Director of
Property pending Examples
Consolidation, Kanpur, AIR1985 All 163
28. suit relating Discussion
thereto Presentation
Govinda Pillai Gopala Pillai v. Aiyyappan
Random Questions
Krishnan,AIR 1957 Ker10
Lecture
Property Law by Poonam Pradhan Saxena,
Fraudulent Whiteboard
2nd Ed. Ch. 2, pg 245-252
30. Transfer Sec. 53. Examples
Transfer of Property Act, by Mulla,10th Ed.,
Discussion
Ch.2 ,pg390-411
Presentation
School of Law July- December, 2018
Random Questions
Rights and
Lecture
Liabilities of
Whiteboard
Buyer and Property Law by Poonam Pradhan Saxena,
Examples
Seller. 2nd Ed. Ch. 3, pg 271-308
34 Discussion
Marshalling by Transfer of Property Act, by Mulla,10th Ed.,
Presentation
subsequent Ch.3 ,pg447-532
Random Questions
purchaser
Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
Mortgages Examples
2nd Ed. Ch. 4, pg 311-339
35 Kinds of Mortgage Discussion
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, pg 343-449 Examples
36
Mortgagor and Transfer of Property Act, by Mulla,10th Ed., Ch.4
Discussion
Mortgagee. ,pg632-795 Presentation
Random Questions
Lease Lecture
Kinds of leases The Transfer of Property Law by R.K.Sinha, Whiteboard
39 Rights and 11th Ed. Ch. 5, pg 408-438 Examples
th
liabilities of lessor Transfer of Property Act, by Mulla,10 Ed., Ch.5
Discussion
& lessee ,pg 959-1217 Presentation
Random Questions
Termination of Lecture
leases The Transfer of Property Law by R.K.Sinha, Whiteboard
Waiver of notice to 11th Ed Ch. 5, pg 465-533 Examples
40
quit Transfer of Property Act, by Mulla,10th Ed., Ch.5
Discussion
Waiver of ,pg959-1217 Presentation
forfeiture Random Questions
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 Fernandes, Random Questions
AIR1989 SC 1816
Lecture
Whiteboard
The Transfer of Property Act by R.K.Sinha
Examples
11th Ed., Ch. 6, pg 457-461
42 Exchanges Discussion
Transfer of Property Act, by Mulla,10th Ed., Ch.6
Presentation
,pg1246-1250
Random Questions
Lecture
Gift Whiteboard
The Transfer of Property Act by R.K.Sinha
Transfer how Examples
11th Ed., Ch. 7, pg 463-477
43 effected Discussion
Transfer of Property Act, by Mulla,10th Ed., Ch.7
Conditional gift ,pg1251-1288
Presentation
Random Questions
Internal Assessment-Test 2
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
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
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, 10th Ed. 2006,
New Delhi.
Sarthi, Vepa. P., Transfer of Property , Eastern Book Publication,5th Ed, Lucknow , 2012
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.
UPES
SCHOOL OF LAW
SEMESTER V
SESSION: JULY-DECEMBER
ASSIGNMENT – 1
FOR
Property Law
(LLBL 402)
Under the Supervision of: Ms. Parul Sinha
NAME: _______________________
SAP NO: _______________________
ROLL NO: -------------------------------------
Q. No.6 Explain “Doctrine of Part Performance” and state the effect of amendment in the concept
made in 2001
Q. No.7 Define ‘Mortgage’ and discuss various kinds of Mortgages contemplated U/S. 58 of the
Transfer of Property Act, 1882
Q. N0.8. Analyse the Amendment of Section 106 of TPA and recommendations of 181 Law
Commission Report
Q. N0.9 Explain the relevance of Section 41 of Transfer of Property Act along with analysis of
Benami Transaction( Prohibition) Act,1988
Read the case “Case / problem” and answer the following questions:
10. A purchased from B by means of a registered sale deed a house for Rs. 50 lacs. Before purchase A
has inspected the house and saw that the house has 6 ceiling fans and also a booster pump. When
A took the possession of the house, he noticed that B had removed all the fans and the pump. B
informed A that he had sold only the house but not the fans and pumps. A seeks your legal opinion
to the matter. Advice A.
11. A, Hindu who has separated from his father B, sells three fields X, Y and Z to C, representing that
he is the owner of the same. Of these fields, Z does not belong to A, it having been retained by B
on partition. B dies and A as heir obtains field Z. C not having rescinded the contract of sale files a
suit for the delivery of Z to him. Will he succeed? Decide with the help of relevant provisions and
case law.
Would it make any difference if C had known all along that A was not authorized to transfer Z
during B’s lifetime but had pretended not be aware of the actual stage of affairs? What will be your
answer if A after obtaining field, Z, immediately sells it to D.
12. A contract to sell land to B for Rs. 50000. B paid Rs. 40000 to A. took possession of land and
promised to pay the balance at the time of registration. Afterwards A sold the same to C for Rs.
75000 by means of a registered sale-deed in favor of C. thereupon C called upon B to vacate the
land. Discuss he rights of B and C.
13. A entered into an agreement of Sale of a piece of land with B. B paid the advance and got the
possession of the land. However, A failed to execute the sale deed in B’s favor. B constructed a
boundary wall, but this land was encroached upon by a trespasser. B moved the court seeking a
permanent injunction from the court restraining the trespasser from interfering with his peaceful
possession of the property. Whether B was entitled to protect his possession?
1. INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
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
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.
Subject LLBL
Code 402
I II Report / Viva
/PPT
10 10
Date of
submission 19th Nov 3rd week 2nd 19th Nov-23rd Nov
5thOct August week
October
Note:
Students may come to discuss the academic issues and for doubt clearance with the faculty between 3.30 to
4.30 pm on the working days.