Professional Documents
Culture Documents
SESSION 2022-23
Winter Semester
FACULTY
Mr. Utkarsh Verma
Ranchi, Jharkhand
2022
LAW OF TRANSFER OF PROPERTY
Often perceived as objects on which a person carries certain rights, the concept of property is
not limited to the same. The property actually can be understood as rights with respect to
something which a person due to his legal position is capable of exercising. These things can
be a piece of land or a building or even a car. The proprietary rights related to the thing
concerned makes the things the property of the man.
After the British came in, the earlier practice of customary law for the matters of property
was given up as, the courts started applying the common law of England as well as the
principles of equity, justice and good conscience given there was a legislative void in the
area. Due to the unsuitability of the English experience in the local conditions, need was to
fill this void by a proper legislation, in this case the Transfer of property Act, 1882. After
several amendments and deletions the law stands till date to meet up the requirements of the
disputes related to transfer of property
The objective of the course is to equip the students with the understanding of the concept of
property apart from the legal transactions related to the transfer of it by the act of parties. The
endeavour will be to make them aware with the different dimensions related to transfer of
property. Finally the course will try to make them ready to face the day to day questions on
different platforms regarding the same.
CREDIT HOURS
As per the credit hours allotted to the subject there will be 5 theory classes per week.
Teaching Methodology may include Lecture-cum-case discussion, Assignment/Project and
Presentation/Debate.
Course Curriculum
Module 1 : Concept of Property: An introduction (Total hours-4)
Meaning of Property
Kinds of Property
o Jus in re propria-Jus in re aliena
o Movable-Immovable
o Tangible –Intangible
Reading Material:
Books:
o Dr. R.K.Sinha, The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
Reading material:
Statutes:
Books:
o Dr. R.K.Sinha, The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012
Case laws:
Restraints in a transfer
o Absolute and partial restraint- restraint on mode of enjoyment.- condition
making interest determinable.
o Transfer for the benefit of unborn- rule against perpetuity
o Rule against accumulation
Conditions in a transfer
o Vested interest- contingent interest- conditional transfers
o Doctrine of election
Reading material:
Statutes:
Books:
o Dr. R.K.Sinha, The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012
Case laws:
Reading material:
Statutes:
Books:
o Dr. R.K.Sinha, The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012
Case laws:
Reading material:
Statutes:
Books:
o Dr. R.K.Sinha, The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012
Mortgage- kinds
Rights and liabilities of mortgagor & mortgagee
Marshalling, Contribution, Subrogation
Reading Material:
Statutes:
Books:
o Dr. R.K.Sinha, The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012
Lease- Licence
Duration of leases
Rights and liabilities of lessor and lesee.
Determination of lease
Reading material:
Statutes:
Books:
o Dr. R.K.Sinha, The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012
Module 8: Specific mode of transfers (Exchange, Gift & Actionable Claim)
(Total hours-4)
Exchange
o Exchange
o Rights and liabilities of parties
Gift
o Gift
o Suspension and revocation of gifts
o Onerous gifts
o Universal Donee
Actionable claim
Reading material:
Statutes:
Books:
o Dr. R.K.Sinha, The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012
IMPORTANT NOTE:-
The topics and cases given above are not exhaustive. The teacher teaching the
course shall be at liberty to add/subtract topics/cases.
The students are required to study the legislations as amended up-to-date
and consult the latest editions of books.