PROGRAMME SEMESTER  COURSE NAME COURSE CODE
LLB (Hons.) 3 year IV Property Law  

 

 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

Licenses.

Suggested Reading:

  1. Vepa P. Sarathi; Law of Transfer of Property; EBC, 2011.
  2. Sir H.S. Gour’s Commentary on The Transfer of Property Act; 12th Ed, 2010.
  3. Saxena, Poonam, Mulla on Transfer of Property Act, 1882; Lexis Nexis; 2013 Ed.
  4. C.V. Subba Rao’s Law of Transfer of Property, Rev. Vepa P. Sarathi; 6th Ed. 2009
  5. Saxena, Poonam; Property Law, Lexis Nexis, 2011.
  6. Megarry & Wade, The Law of Real Property; Thomson S&M, 2012
  7. Ghosh, Rashbehary, Law of Mortgage (Tagore Law Lectures), Kamal Law House, 2013
  8. Sen Gupta (Rev.), Mitra’s Transfer of Property Act( 18th, 2004)
  9. M. Lahiri, Transfer of Property Act (10th ed., 1986)
  10. Ameen and shastry, “The Law of Easement”