|PROGRAMME||SEMESTER||COURSE NAME||COURSE CODE|
|LLB (Hons.) 3 year||IV||Property Law|
Module – I
Meaning of: Immovable Property, Attestation, Registered, Actionable Claim and Notice
Definition of Transfer of Property; What may be transferred?; Persons competent to transfer; Operation of transfer; Conditions restraining alienation; Restrictions repugnant to interest created
Transfer for benefit of unborn person; Rule against perpetuity
Vested Interest and Contingent Interest.
Module – II
Election and Apportionment; Restricted Covenants; Transfer by ostensible owner; Transfer by unauthorised person who subsequently acquires interest in property transferred
Fraudulent Transfer, Improvements made by person under defective Title,
Doctrine of lis pendens; Part performance.
Module – III
Sale of immovable property; Definition of sale and Contract to sell, Rights and liabilities of buyer and seller; Marshalling by subsequent purchaser
Definition of Mortgage, Kinds of mortgage, mortgagor, mortagage, mortgage money, mortagage deed
Right of redemption of mortgagor; Equity of redemption; Right to foreclosure or sale, Subrogation; Prohibition of Tacking; Marshalling and Contribution.
Module – IV
Definition of Lease; kind of lease; Distinction between Lease and License, modes of creation and determination of lease,
Exchange; Transfer of Actionable Claims,
Definition of gift; Modes of creation of gift, Suspension and Revocation of gift; Onerous gift; Universal donee
Module – V
Indian Easement Act, 1882.
Definition and essential features of easement; Kinds of easement; Imposition, Acquisition and Transfer of Easements
- Vepa P. Sarathi; Law of Transfer of Property; EBC, 2011.
- Sir H.S. Gour’s Commentary on The Transfer of Property Act; 12th Ed, 2010.
- Saxena, Poonam, Mulla on Transfer of Property Act, 1882; Lexis Nexis; 2013 Ed.
- C.V. Subba Rao’s Law of Transfer of Property, Rev. Vepa P. Sarathi; 6th Ed. 2009
- Saxena, Poonam; Property Law, Lexis Nexis, 2011.
- Megarry & Wade, The Law of Real Property; Thomson S&M, 2012
- Ghosh, Rashbehary, Law of Mortgage (Tagore Law Lectures), Kamal Law House, 2013
- Sen Gupta (Rev.), Mitra’s Transfer of Property Act( 18th, 2004)
- M. Lahiri, Transfer of Property Act (10th ed., 1986)
- Ameen and shastry, “The Law of Easement”