COURSE CURRICULUM AFTER INCORPORATING AAB SUGGESTIONS

Course Title: Property Law L T P/ SW/ TOTAL

S FW CREDIT
UNITS
Course Code: LAW 301 4 0 0 0 4

Credit Units: 04

Course Objectives:
 The subject imparts to the student an understanding of the law in India relating to transfer
of immovable property and the norms and doctrines that aid in carrying out secure
transactions in this regard.
 The course also aims at the study of substantive law relating to particulars transfers, such
as sale, mortgage, lease, exchange, gift and actionable claims.

Pre-requisites:
 The students must be aware that Transfer of Property Act, 1882 deals with transfer of
immovable property while the Sale of Goods Act, 1930, takes care of sale of movable
property (as the students have already studied Sale of Goods Act in their second semester,
wherein they are told about this difference).
 The student should also possess basic knowledge of the General Principles of Contract.

Student Learning Outcomes:

As a result of taking this course, the student will be able to:
 Discuss all the relevant aspects of the Transfer of Property Act.
 Develop basics of the Easements Act, the Indian Stamp Act and the Registration Act.
 Define important terms relating to transfer of property including the meaning of transfer
under the Transfer of Property Act, 1882.
 Analyze the general principles relating to transfer of property and the rules relating to
specific transfers like mortgage and gift.
Course Contents/Syllabus:
Weightage (%)
Module I: Jurisprudential Basis (Sections 5-21)

 Concept and meaning of property – New property, Kinds of 20%

property – movable and immovable property, tangible and
intangible property

Module II: Sale of Immovable Property

 Doctrine of Election Sec. 35, 20%
 Fraudulent Transfer Sec. 53;
 Sale of immovable property (Secs. 54 – 55).
(Sale, Contract of Sale; Contract to sell; Rights and Liabilities of
buyer and seller).
Module III: Specific Transfers
 Mortgages of immovable Property: Secs. 58 – 77 (Kinds of
mortgage, Rights and Liabilities of the mortgagor and mortgagee,
 Marshalling and Contribution (Secs. 81 – 82), 20%
 Redemption (Secs. 91 – 96).
 Charge: difference between charge and mortgage

Module IV: Leases

Leases (Secs. 105 – 117): Definition, Leases how made, Rights and 15%
Liabilities of lesser and lessee, Charges (Section, 100 – 104). Wet
lease, termination of lease, lease modified by Rent control Laws
Module V: Easements
Creation of Easements (Secs. 4 – 7), Nature and characteristics of 15%
Easements, Extinction, Suspension and Revival of Easements (Secs. 37–
51), Riparian Rights, Licenses (Secs. 52 – 64).
Module VI: Indian Stamp Act and Registration Act
Indian Stamp and Registration Act with specific emphasis on Sec 17 and 10%
sec 49 of the Indian Registration Act- Inter-se relationship.

Pedagogy for Course Delivery:

The course will be delivered through a combination of theoretical and case-law based
method. It will include Lectures, assignments, interactive sessions, oral presentation, etc.

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) Total(%)

100 NOT APPLICABLE

100
Theory Assessment (L&T):
Continuous Assessment/Internal Assessment End Term
Examination
Components Project and Class Test Internship Attendance
(Drop down) Viva

Weightage (%) 10% 10% 5% 5% 70%

Lab/ Practical/ Studio Assessment: NOT APPLICABLE

Continuous Assessment/Internal Assessment End Term

Examination
Components
(Drop down
Weightage (%)

Text and References:

   Mulla, D.F., Transfer of Property Act.

 Shukla, S.N., Transfer of Property Act.

 Shah, S.M., Transfer of Property Act.

 Tripathi, Lectures on Indian Easement Act.

 Jain, J.D., Indian Easement Act.

 Poonam Pradhan Saxena, Property Law, LexisNexis

 Joint Property and Partition by- M L Bhargava (Adv.) Edition-2013

 Law Relating to Transfer of Property Act (Including Easements and Wills) 2nd Edition – 2013 by- Darashaw
J.Vakil & Justic M L Singhal.

 The Transfer of Property Act, Dr. G.P. Tripathi, 18th edition, 2014.
Indian