SEMESTER IV (A & B DIVISION)

LAW OF PROPERTY

The classical law relating to transfer of property was purely customary. Before the
advent of the British, in India, personal laws governed transfer of property. The
Transfer of Property Act, 1882 was enacted with the object of codifying and
amending the rules of practice relating to property and to bring all inter vivos
transactions within its ambit. The course ‘Law of Property’ will offer opportunity
to students to understand the jurisprudential basis of property and to make a
detailed study of the provisions of the Transfer of Property Act, 1882. It will also
enable students to study and differentiate different types of property transfers.
The course will also provide a detailed analysis of the Indian Easements Act,
1882. The content of the course is divided in to five modules.

I MODULE

Concept of property-jurisprudential basis-different types of property- definition of

movable and immovable property-notice and attestation-conditions of valid
transfer-transferability of property-rule against inalienability – restrictions on
enjoyment-transfer in favour of unborn person-rule against perpetuity-doctrine of
accumulation-vested and contingent interest-condition precedent and condition
subsequent.

II MODULE

Doctrine of election- apportionment-Transfer of property by ostensible owners –

Benami Transactions – Changes brought by the Amendment Act 2016 - Transfer
by limited owners –Improvement by bonafide purchaser – Fraudulent Transfer –
Doctrines of Lis pendens and Part performance - Sale and Exchange – Condition
for valid transfers – sale and agreement to sell – Rights and liabilities of sellers
and buyers.

III MODULE

Mortgage – various kinds of mortgages – Charge and floating charge – Rights and
liabilities of mortgagor and mortgagee – priority – Redemption of mortgage and
foreclosure – Doctrine of marshelling, contribution, tacking and subrogation.

IV MODULE

Lease –conditions for valid lease – lease and license – rights and liabilities of
lessor and lessee – determination of lease- Gift – conditions for valid gifts –
actionable claim.

V MODULE

Indian Easements Act – easements – lease – license - modes of acquisition of

easements – Extinction and suspension of easement.

SUGGESTED READINGS

M.R Malik, Goyle’s Commentary on the Transfer of Property Act 2nd 2001

R.K Abichandani, Mulla on the Transfer of Property Act 1882 8th ed., 1995

Dr.N Maheswara Swaamy, Text book of property law 1st 2008

G.C.V Subha Rao, Transfer of Property Act

Vepa P. Sarathi, G.C.V Subbarao’s Law of Transfer of Property 4th ed., 2005

Poonam Pradhan, Property Law 2010

Mulla, The Transfer of Property Act, 2015

TEACHING METHODOLOGY

The teaching methodology will include lecture method and other learning
methods giving importance to students to interact and express their views. For
that students will be encouraged to participate in classroom discussions, writing
critical comments, notes and drafting problems.
The number of hours that will be utilized for teaching and participatory activities
for different modules in the syllabus is as follows:
Module 1: 10 hours
Module 2: 15 hours
Module 3: 15 hours
Module 4: 15 hours
Module 5: 15 hours
10 hours will be utilized towards fulfillment of the requirements of internal
assessment.

INTERNAL ASSESSMENT OF STUDENTS

A. Project (10 marks)

For project, topics will be allotted to each student in the beginning of
the Semester. Students have to prepare and submit the project in standard
format. Time schedule for the submission of project will be given in the
class.

Division of Marks for Written Project

Content - 6 marks

Research and methodology – 2 marks

Language and Style of writing – 2 marks

B. Viva / Presentation (10 marks)

Viva voce for the course or presentation of a topic will be conducted
as according to the convenience. The mark distribution will be as
following
 Knowledge on the topic/subject – 6 marks
Clarity - 2 marks
Response to questions – 2 marks

C. Internal Examination (15 marks)

Average of three internal examinations will be taken for calculating the
internal examination mark.

D. Attendance (5 marks)
Students can score marks up to five for attendance and the rules for
carrying out marks for attendance is as following:

Minimum of 75% is required to appear for the End Semester External

Examination. Students can score marks for attendance only if they have
seventy five percent of attendance in a semester for the course. Division of
mark will be as given below

75% - 80% - 1 mark

80 % - 85 % -- 2 marks

85 % - 90% – 3 marks

90 % -- 95% -- 4 marks

95 % -- 100% – 5 marks

D. Class Participation (5 marks)

Each student will be assessed for five marks for their participation in
various class room activities.

E. Class Discipline (5 marks)

Students will be assessed on the basis of their attendance, class

participation, behavior in the class room etc.