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2015 Property Law Syllabus
2015 Property Law Syllabus
Subject Teacher:
INDEX
1. Mechanical data.
2. Object.
3. Objectives.
4. Teaching Learning Methodology.
5. Evaluation System
Measurement
Evaluation of Application
Assessment
6. Dispute Resolution.
7. Annexure I: Detailed Syllabus.
MECHANICAL DATA
9. Credit hours/week:
10. Room No:
OBJECT
The object is to develop a skill for the transfer of property rights in
movable and immovable assets.
OBJECTIVES
1. To acquaint the law students with the terms and provisions of transfer as
laid down in the Transfer of Property Act.
2. To train them as to the different use of the law, in courts as well as in the
corporate sectors.
3. To teach and acquaint the students with the allied laws which are related
to the Transfer of Property Act.
4. To give an overview of the subject and its use before the students.
outline.
EVALUATION SYSTEM
The performance of the students will be assessed on the basis of 100 marks.
The total 100 mark is divided into 40 marks for the Internal Assessment and
60 marks for the End Semester Examination. Out of 40 marks, 20 marks are
allotted for Mid Semester Examination, 10 marks for two class tests (there will
be four tests out of which the best two will be taken).
DISPUTE RESOLUTION
Once the valuation is completed the paper will be shown to the students and
the marks will be published on the notice board.
The syllabus of the course is divided into VIII modules. Modules I and II deals
with basic terms and principles, Modules III to VI deals with specific transfers
and Module VII and VIII deals with important provisions of Indian Registration
Act and Easement Act
Module I
Module II
Lease
Module VI Gift
Module VII & VIII Important provisions - Registration Act and Easement Act
2.2 Transfer for the benefit of unborn persons (Section 13), Rule against
perpetuity (Section 14), Class gift ( Sections 15 & 16), Transfer in
perpetuity for benefit of public (Section 18), Vested interest (Section 19),
Contingent Interest (Section 21)
3.2 Rights and liabilities of buyer and seller before and after sale (Section
55)
6.1 Definition (Section 122), Kinds of gifts (Sections 122 & 124-126),
Conversion
6.2 Mode of making gift (Section 123), Universal done (Section 128)
Particulars
MODULE I CONCEPT
No. of Hours
Total Hours
AND DEFINITION
1.1 Concept of
(3hrs)
property ,
ownership,
8 HRS.
possession, right
to property under
the Constitution of
India
1.2 Moveable
property,
(4hrs)
immoveable
Property with
reference to
General Clauses
Act, Attestation,
Actionable Claim
(Sections 130),
Attached to earth,
Instrument, Notice
(Section 3)
1.3 Definition of
Transfer of
Property (Section
(1 Hr)
5)
MODULE II GENERAL
TRANSFERS
2.1 Properties
(7 Hrs.)
which cannot be
28 Hrs
transferred
(Section 6),
Persons competent
to transfer (Section
7), Oral transfer
(Section 9),
Condition
restraining
alienation (Section
10),Repugnant
conditions (Section
11)
(7 Hrs.)
(Section 19),
Contingent
Interest (Section
21)
2.3 Conditional
(7 Hrs.)
transfer ( Section
25), Doctrine of cypres (Section 26),
Doctrine of
acceleration
(Section 27)
2.4 Doctrine of
(7 Hrs.)
election (Section
35), Transfer by
ostensible owner
(Section 41),
Doctrine of feeding
the grant by
estoppel (Section
43), Doctrine of lis
pendens ( Section
52),Fraudulent
transfer (Section
53),Part
performance
(Section 53A)
3.1 Definitions,
Contract for sale
(2 Hrs.)
and contract of
sale(Section 54)
4 Hrs.
(1 Hr.)
3.3 Marshalling by
a subsequent
purchaser (Section
57)
(1hrs)
MODULE IV MORTGAGE
4.1 Definitions,
(4 Hrs.)
Types of mortgage,
Essential
Elements (Section
58), Difference
between mortgage,
hypothecation and
pledge, Limitation
of suits relating to
mortgages
4.2 Equity of
redemption, Clog
(4 Hrs.)
on redemption
(Section 60)
4.3 Right to
foreclosure
(Section 67),
Marshalling
securities (Section
81)
(4 Hrs.)
15Hrs.
4.4 Charge
(3 Hrs.)
( Section100),
Exchange (Section
118)
5.2 Duration of
(1hr)
3Hrs.
5.3 Tenancy at
will, Tenancy by
sufferance,
Tenancy by
holding over
(Section 116)
(2hrs)
MODULE VI - GIFT
6.1 Definition
(1hr)
(Section 122),
3Hrs.
Kinds of gifts
(Sections 122 &
124-126),
Conversion
6.2 Mode of
making gift
(Section 123),
(2hrs)
Universal done
(Section 128)
6.3 Revocation of
gift (Section 126)
MODULE VII
7.1 Important provisions
(2hrs)
2 Hrs.
(2hrs)
2 Hrs.
HOURS
65
08 hours
Module II
28 hours
03 hours
Module VI 03 hours
Module VII 04 hours
Total
65 hours
REFERENCE BOOKS
Mulla, The Transfer of Property Act, Lexis Nexis, 10th edn., 2005.
Cheshire and Burns Modern Law of Real Property, Oxford Publications, 17 th
edn. 2006.
G.C.V. Subha Rao, Law of Transfer of Property Act, ALT Publlications, 5th edn.,
2007.
Banerjewes Commentaries on the Transfer of Property Act 1882, Dwivedi and
Co., 2007.
Hari Singh Gour, Commentary on the Transfer of Property Act, Delhi Law
House, 11th edn., 2008.
B.B.Mitra & Sengupta, Transfer of Property Act, Kamala Law House, 19th edn.,
2009.
Darashaw J Vakils, Commentaries on the Transfer of Property Act, Lexis
Nexis, 3rd edn. 2009.
WEBSITES
Manupatra
Lexis and Nexis
West Law