LC 0702
Property Law and Easement :
Objectives of
the Course : The subject covers the study of the Transfer of Property Act,
1882 and the Easement Act, 1882. The subject is fundamental law that covers
principles applicable to transfers of all kinds of properties. A sound grasp of
this subject is the foundation necessary for a better understanding of all
special laws that affect property. The course will enable the student to
appreciate the fundamental principles, features, rights and liabilities of
parties and the consequences of specific transactions affecting immovable
property. The topic of actionable claims is very relevant in the modern
business environment and financing models. The course also covers law relating
to easements and licenses.
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Module 01 |
Concepts, Meaning and types of Properties (Sections 1 to 4 of the T.P. Act, 1882) : 1.
Meaning of property 2.
Kinds of property - Movable and immovable,
tangible and intangible, existing and future, real and personal 3. Role of property rights in social and economic development 4. Doctrine of notice |
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Module 02 |
Transfer of Property by Act of Parties (Sections 5 to 9) : 1.
Meaning and Definition Transfer of Property,
Properties which may be transferred 2.
Essentials of a valid transfer of property 3.
Operation and method of transfer property 4.
Procedural perspective for transfer of
property 5.
Effect of non-payment of stamp duty and
non-registration |
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Module 03 |
General Principles Relating to Transfer of Property (Sections 10 to 37) : 1.
Conditions restraining alienation, enjoyment,
defeating insolvency or assignability 2.
Transfers to unborn persons 3.
Rule against perpetuity and accumulation of
income 4.
Vested and contingent interests 5.
Conditions precedent and subsequent,
conditional transfers 6.
Doctrine of Election and Apportionment |
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Module 04 |
General Principles Relating to Transfer
of Immovable Property (Sections 38 to 53A) : 1.
Doctrine of holding out 2.
Feeding the grant by estoppel 3.
Dotrine of priority 4.
Transfer lis pendens 5.
Fraudulent transfer 6.
Doctrine of part performance |
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Module 05 |
Sales and Exchanges
(Sections 54 to 57 and 118 to 121) : 1. Meaning and definition of Sale and
Exchange |
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2.
Distinction between sale and Exchange 3.
Essentials of a valid sale, Parties to a sale,
Formalities 4.
Distinction between Sale and contract for sale
5.
Registration of a contract for sale and effect
of non-registration, 6.
Rights and liabilities of a buyer and seller 7.
Discharge for encumbrances on sale 8.
Exchange, Rights and liabilities of parties to
exchange |
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Module 06 |
Mortgages (Sections 58 to 98) : 1.
Definition of mortgage - Types of mortgages,
Mortgagor, Mortgagee, Mortgage money, 2.
Essentials of a valid mortgage and Formalities
3.
Distinction between charge, mortgage, pledge,
hypothecation and other security interests over property 4.
Rights and liabilities of a mortgagor and
mortgage 5.
Doctrine of substituted security 6.
Charge of immovable property 7.
Marshalling 8.
Mortgagee’s and charge-holder’s rights and
remedies under the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 |
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Module 07 |
Leases (Sections 105 to 117) : Video 2 1.
Definition of lease, Lessor, lessee, Kinds of
leases, premium and rent 2.
Essentials of a valid lease and Formalities 3.
Rights and liabilities of the lessee and
Lessor 4.
Term and determination of lease 5.
Forfeiture and relief against forfeiture 6.
Leases for agricultural purposes 7.
Distinction between lease under the Transfer
of Property Act, 1982 and the Maharashtra Rent Control Act, 1999 |
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Module 08 |
Gift and Transfers of Actionable Claims
(Sections 122 to 129 and 3, 130 to 137) : 1.
Definitions of Gift, Donor and Donee 2.
Essentials of a valid gift, Revocation of
gifts 3.
Distinction between property and donatio mortis causa and gifts under
Mohammedan law 4.
Actionable claims : a)
Definition, Formalities,
and their
importance in commercial
transactions b) Requirement
of notice to debtor, and effect of notice c)
Rights and liabilities of transferor and
transferee |
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Module 09 |
Law of Easements (Sections 1 to 51 of the Easement Act, 1882) : 1.
Definitions and Types of easements 2.
Formalities for creating an easement |
3. Creation
and acquisition of Easements, Dominant and servient owners and Heritages,
Grant, Custom, Necessity, Quasi-necessity, Prescription
4. Rights,
duties and liabilities of dominant and servant owners
5. Remedies
for disturbance of easements
6. Extinction
of easements, Suspension and revival of easements
Module
10 Law of Licenses (Sections 52 to 64of the Easement Act, 1882) :
1. Definition
of License, Essentials of a license, kind and Formalities
2. Transfer
of license, Transfer of grantor’s interest
3. Death
of licensor or licensee
4. Rights
and liabilities of licensee, Revocable and Irrevocable license
5. Rights
of licensee on revocation and eviction
6. Distinction
between leases and licenses
7. Distinction
between licenses under Easement Act, 1882 with that of the Maharashtra Rent
Control Act, 1999
Recommended Readings :
1. V
P Sarathi’s Law of Transfer of Property -
Including Easements, Trusts and Wills, Malika Taly (ed), Eastern Book
Company, 2017.
2. Poonam
Pradhan Saxena, Property Law,
LexisNexis, 2017.
3. Avatar
Singh, Textbook on the Transfer of
Property Act, Universal Law Publishing, 2016.
4. Shriniwas
Gupta, A Text Book on Transfer of
Property Law, Thomson Reuters, 2016.
5. A
P Singh and Ashish Srivastava, Property
Laws, LexisNexis, 2015.
6. G
P Tripathi, The Transfer of Property Act,
19th ed., Central Law Publications, 2016.
7. AP
Singh and Ashish Kumar Srivastava, Property
Laws, LexisNexis, 2015.
8. Sanjiva
Row, Transfer of Property Act (in 2
volumes), Universal Law Publishing, 2016.
9. Shriniwas
Gupta, Law Relating to Transfer of
Property, Thomson Reuters, 2016.
10. Darashaw
Vakil, Commentaries on the Transfer of
Property Act, LexisNexis, 2017.
11. Mulla,
The Transfer of Property Act, 12th
ed, M R Hariharan (ed), LexisNexis, 2014.
12. H S
Gour, Commentary on Transfer of Property
Act, Delhi Law House, 2014.
13. B B
Katiyar, Law of Easements and Licences,
Universal Law Publishing, 2010.
