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13 TOPICS

COURSE MANUAL

Property Law

Spring 2024
(AY 2024-25)

Course Instructors

Aloke N Prabhu
Akanksha Dubey
Abhinav Mehrotra
Sweta Lakhani
Pallavi Goel
Mahima Balaji
Raunaq Jaiswal
Kanishka Sewak
Tripti Bhushan
Neha Mishra
Sakshi Sharma
Rakesh Singh
Tripti Bhushan
Sweta Lakhani
Sakshi Sharma
Rakesh Singh
Raunaq Jaiswal
Pallavi Goel
Mahima Balaji
Kanishka Sewak

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Abhinva Mehrotra
Akanksha Dubey
Aloke Prabhu

Course Coordinator

Aloke N Prabhu

CONTENTS

PART I
General Information……………………………………………………………………………… 3

PART II

a. Course Description…………………………………………………………………………………4

b. Course Aims……………………………………………………………………………………..4

c. Intended Leaning Outcomes ……………………………………………………...........5

d. Grading of Student Achievement………………………………………………….......5

PART III
a. Keyword Syllabus……………………………………………………………………………7

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b. Course Policies………………………………………………………………………………..7

PART IV

a. Weekly Course Outline ………………………………………………………….............9

b. Conceptual Readings…………………………………………………………………… 15

PART I

General Information

General Information on, Property Law, offered by Jindal Global Law School

of the AY 2024-25

The information provided herein is by the Course Coordinator. The following information contains the
official record of the details of the course.

This information shall form part of the University database and may be uploaded to the
KOHA Library system and catalogued and may be distributed amongst Second year Law
students for B.A.LL.B. (Hons), B.B.A.LL.B. (Hons); B.Com. LL.B. (Hons), B.A. (Hons)
Legal Studies, LL.B.; LL.M. courses if necessary.

Course
Title: Property Law

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Course
Code: LW 1304
Course
Duration: One Semester
No. of Credit
Units: 4
Level: LL.B
Medium of
Instruction: English

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PART II

a. Course Description
This course, keeping with the mandate of the Bar Council, is mainly concerned with
understanding the law concerning the transfer of rights in property - and particularly, immovable
property. A bulk of the time allocated for this course will therefore, be spent on developing an
understanding of the provisions of the Transfer of Property Act, 1882. At the end of the course,
the students can expect to emerge with a sound theoretical knowledge of the law to give effect to
commercial land transfers like sale, lease, license and mortgage, and draft basic conveyance
documents. And, to the extent necessary for this purpose, the students will also be introduced to
the law on stamp duty and registration.
That said, there are several other legislations that influence the legal relationships that arise out of
ownership of property, and the distribution of property – for instance, the various rent control
legislations, land ceiling laws, land acquisition laws, the legislation on forest rights; and this,
apart from local laws relating to land use, zoning and safety. This course is able to only briefly
touch upon (some of) these aspects, due to the strict prescription of the Bar Council for this
course. It is therefore, an incomplete picture of ‘property law’ despite its otherwise misleading
title. For the same reason, the political import of the law on creation, recognition and transfer of
property rights and its impact on social relations tends to be somewhat obscured. Nonetheless,
close attention to some of the reading material will certainly reveal the relationship that the law
bears with questions of socio-economic inequality, efficient use of resources and distribution of
property.
The table at the end of this document provides a detailed listing of the various topics that will be
covered in this course, along with case laws illustrating each topic. 1 This list however, is only
intended to serve as a minimal course manual – and, the faculty may, depending on constraints of
time, expand the syllabus, either by adding more case law or more topics as they deem fit.

b. Course Aims

The course seeks to provide students with:

 sound understanding of some of the key concepts under the Transfer of Property Act, 1882;
 functional knowledge of Stamp and Registration Laws
1
In compiling this list we have drawn upon our own experience teaching the subject, as well as consulted the model
syllabus provided by the Bar Council and Delhi University on their website.

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 familiarity with key debates on the right to property under the Constitution;

c. Intended Learning Outcomes

Course Intended Weightage Teaching and Learning Activities Assessment

Learning Outcomes Tasks/
Activities
By the end of the course, students
should be able to: Case Analysis
Identify and 50% Students should be able to identify Notes and
Understand Laws appreciate and understand related laws Comments
Analyze Laws and 30% through application of mind and to Research
Judicial critique and improve the legal Papers
Pronouncements
scholarship in the process. Drafting of
Critique and 20%
Contracts
Comment on Laws

d. Grading of Student Achievement2,3

To pass this course, students must obtain a minimum of 40% in the cumulative aspects of
coursework, e.g. moot, and final examination. End of semester exam will carry 50 marks
out of which students have to obtain a minimum of 15 marks to fulfil the requirement of
passing the course.

The details of the grades as well as the criteria for awarding such grades are provided below.

Letter Percentage Grade Definitions

Grade Of marks
O 80% and above Outstanding Outstanding work with
strong evidence of
knowledge of the
subject matter,
excellent
2
Under extraordinary circumstances, the JGU Academic Council or the JGU Deans’ Council can suspend
Clause D or make it optional. If Clause D is suspended, the policy which will be framed by the School
based on the decision of the said bodies will supersede Clause D. However, whether a situation is
extraordinary or not will be decided by the said bodies only.
3
Due to the COVID 19 pandemic, the Office of Academic Affairs may suggest changes/amendments or
suspend certain policies relating to the number of assessments and other examination related policies.

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organizational
capacity, ability to
synthesize and
critically analyse and
originality in thinking
and presentation.
A+ 75 to 79.75% Excellent Sound knowledge of
the subject matter,
thorough
understanding of
issues; ability to
synthesize critically
and analyse
A 70 to 74.75% Good Good understanding of
the subject matter,
ability to identify
issues and provide
balanced solutions to
problems and good
critical and analytical
skills.
A- 65 to 69.75% Adequate Adequate knowledge
of the subject matter to
go to the next level of
study and reasonable
critical and analytical
skills.
B+ 60 to 64.75% Marginal Limited knowledge of
the subject matter,
irrelevant use of
materials and poor
critical and analytical
skills.
B 55 to 59.75% Poor Poor comprehension of
the subject matter;
poor critical and
analytical skills and
marginal use of the
relevant materials.
B- 50 to 54.75% Pass “Pass” in a pass-fail
course. “P” indicative
of at least the basic
understanding of the
subject matter.

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter Percentage Grade
Interpretation
Grade of Marks Points
Pass 1: Pass with Basic understanding of the subject
P1 45 - 49 2
matter.
Pass 2: Pass with Rudimentary understanding of the
P2 40 - 44 1
subject matter.
Fail: Poor comprehension of the subject matter; poor
F Below 40 0
critical and analytical skills and marginal use of the

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NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter Percentage Grade
Grade of Marks Points
P Pass
I Incomplete
Interpretation
relevant materials. Will require repeating the course.
‘P’ represents the option of choosing between Pass/Fail
grading system over the CGPA grading system in the
COVID 19 semester in Spring 2020. The option is
provided when students attain a minimum of 40
percentage marks under the current grading structure in
a given subject.
Extenuating circumstances preventing the student from
completing coursework assessment, or taking the
examination; or where the Assessment Panel at its
discretion assigns this grade. If an "I" grade is
assigned, the Assessment Panel will suggest a schedule
for the completion of work, or a supplementary
examination.

PART III

a. Keyword Syllabus
Constitution; right to property; eminent domain; takings; land reforms; compensation; public
purpose; historical background; applicability of the Act; definition of property; movable;
immovable; registration; stamp duty; transfer of property; spes successionis; conditional
transfer; absolute interest; restrictive covenants; restrictions on alienation; vested interest;
contingent interest; transfer to unborn; rule against perpetuity; co-owners; lis pendens;
fraudulent transfer; part performance; adverse possession; sale; buyer; seller; sale deed;
mortgage; mortgagor; mortgagee; foreclosure; receiver; subrogation; redemption; lease;
license; lessor; lessee; assignment; charge; fixed and floating charge; gift; donor; donee; gift
deed; exchange; actionable claims; easement; real estate.

b. Course/Class Policies

Cell Phones, Laptops and Similar Gadgets

The course instructor will regulate the use of gadgets based on the day-to-day class
requirements.

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we have

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learned, and how reading and learning from others have helped us shape our own ideas. Even our
own ideas demand an acknowledgement of the sources and processes through which those ideas
have emerged. Thus, all ideas must be supported by citations. All ideas borrowed from articles,
books, journals, magazines, case laws, statutes, photographs, films, paintings, etc., in print or
online, must be credited with the original source. If the source or inspiration of your idea is a
friend, a casual chat, something that you overheard, or heard being discussed at a conference or
in class, even they must be duly credited. If you paraphrase or directly quote from a web source
in the examination, presentation or essays, the source must be acknowledged. The university has
a framework to deal with cases of plagiarism. All form of plagiarism will be taken seriously by
the University and prescribed sanctions will be imposed on those who commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavors to make all its courses accessible to students. All students with any known
disability needing academic accommodation are required to register with the Disability Support
Committee dsc@jgu.edu.in. The Committee has so far identified the following conditions that
could possibly hinder student’s overall well-being. These include: physical and mobility related
difficulties; visual impairment; hearing impairment; medical conditions; specific learning
difficulties e.g. dyslexia; mental health.

The Disability Support Committee maintains strict confidentiality on the matters under its
purview. Students should preferably register with the Committee during the month of
June/January as disability accommodation requires early planning. DSC will coordinate all
disability related services such as appointment of academic mentors, arranging infrastructural
facilities, and course related requirements such as special lectures, tutorials and examinations.

All faculty members are requested to refer students with any of the above-mentioned conditions
to the Disability Support Committee for getting them disability-related accommodation. Faculty
members are also requested to be sensitive to the needs of such students and cooperate with
Disability Support Committee and the School, extending students the necessary support by
maintaining utmost confidentiality of the matter.

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To make sure
that all students collectively benefit from the course, and do not feel disturbed due to either the
content of the course or the conduct of the discussions. Therefore, it is incumbent upon all within
the classroom to pledge to maintain respect towards our peers. This does not mean that you need
to feel restrained about what you feel and what you want to say. Conversely, this is about
creating a safe space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the scope of the
Safe Space Pledge with the class.

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PART IV

a. Weekly Course Outline

Week Topic Particulars Essential Readings Suggested Readings

1 Introduction Meaning of Private Jeremy Waldron, What is Private WH Hohfeld, Some Fundamental Legal
Property; the different Property?, 5 Oxford Journal of Legal Conceptions as Applied in Judicial
legal relations entailed Studies 313 (1985) Reasoning, 23(1) Yale LJ 16 (1913).

2 Eminent Constitutional debates on Articles 19(1) (f) and Article 31 of the 3. State of Bihar v. Kameshwar Singh
Domain the right to property, Constitution before the 44th (1952) 1 SCR 889
Land Acquisition Laws Amendment Act 1978. 4. State of West Bengal v. Bela
Banerjee- AIR 1954 SC 170
Namita Wahi, Property, Oxford 5. R.C. Cooper v. Union of India, 1970
Handbook of the Indian Constitution (2) SCC 298 (Bank Nationalization
(Oxford: Oxford University Press, case)
2016), p. 943-966. 6. Ramesh Chandra Sharma v. The
State of Uttar Pradesh [S.L.P (C)
1. Vajravelu Mudaliar v. Special No.11447/2018]
Deputy Collector- AIR 1965 SC
1017 The Right to Fair Compensation and
2. KT Plantation v. State of Transparency in Land Acquisition,
Karnataka, (2011) 9 SCC 1 Rehabilitation and Resettlement Act,
2013

The Enemy Property Act, 1968, read

with The Enemy Property (Amendment
and Validation) Bill, 2016, and its
interface with Article 14 of the

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Week Topic Particulars Essential Readings Suggested Readings

Constitution of India
3 Types of Definition of Movable S. 3 TPA, S. 3(26) General Clauses Specific Relief Act – S. 5 and S. 6
Property and Immovable property. Act and the Registration Act.
7. Ananda Behera v. State of Orissa 12. Duncan Industries Ltd. v State of
(1955) 2 SCR 919 Uttar Pradesh, (2000) SCC 633.
8. Shantabai v State of Bombay, AIR
1958 SC 532.
9. Suresh Chand v. Kundan (2001) 10
SCC 221
10. Triveni Engineering & Industries
Limited v. Comm. of Central
Excise (2000) 7 SCC 29
11. CCE, Ahmedabad v Solid &
Correct Engineering Works And
Others, (2010) 5 SCC 122.
4 Transfer What is Transfer? What Ss. 2(d), 5, 6, 43, 8 and 9, TPA. 14. Kenneth Solomon v. Dan Singh
cannot be Transferred? 13. V. N. Sarin v. Ajit Kr. Poplai AIR
Bawa, AIR 1986 Del 1
Operation of transfer? 1966 SC 432

5.1 General Conditional Transfers, Ss. 10, 11 and 40, 12; 25,26, 27, 29, 18. Delhi Dayalbagh Co-Operation
Rules of Restraints on Alienation 31, 35 TPA.
House Building Society Ltd. v
Transfer and Enjoyment.
15. Zoroastrian Co-operative Housing Registrar Cooperative Societies,
Society Ltd. V. District Registrar,
(2019) 3 SCC 745
Co-op. Societies (Urban) (2005) 5
SCC 632 19. Tulk v. Moxhay (1848) 2 Ch. 774
16. Hukmi Chand v Jaipur Ice and Oil
20. Austerberry v. Corporation of
Mills Company, AIR 1980 RAJ

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Week Topic Particulars Essential Readings Suggested Readings

155. Oldham (1885) 29 Ch. D. 750

17. Omniplast v. HSIIDC (2014) CWP
21. Muhammad Raza v. Abbas Bandi
No. 21239 of 2013
Bibi, (1932) I.A. 236
22. K. Muniswamy v. K.
Venkataswamy, AIR 2001 Kant.
246

5.2 General Vested and Contingent Ss. 13, 14, 15, 16, 19, 20, 21. 25. Ma Yait v The Official Assignee
Rules of Interest, Transfer to
(1930) 32 BOMLR 125
Transfer Unborn Persons, Rule 23. Rajes Kanta Roy v Santi Debi AIR
against Perpetuity. 1957 SC 255

24. Kokilambal and Others v N.

Raman, (2005) 11 SCC 234

6. Equitable What are equitable rules? Ss. 38, 39, 41-43, 48-51, TPA. Patil, Yuvraj Dilip, Ostensible
Rules when Ownership Vis a Vis Benami
rights Transaction in India (December 20,
conflict 2012). Available at SSRN:
http://ssrn.com/abstract=2191951

Salient Features of the Benami

Transactions (Prohibition) Amendment
Act, 2016
Transfer of Lis Pendens; Fraudulent Ss. 52 & 53 TPA. Would arbitration amount to lis
property Transfer. 26. Abdul Shukoor v. Arji Papa Rao pendens?

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Week Topic Particulars Essential Readings Suggested Readings

under AIR 1963 SC 1150

litigation, 27. Guruswamy Nadar v. P. Lakshmi 30. Nagubai Ammal v. B. Shama Rao,
Fraudulent Ammal (Dead) Through LRs. &
AIR 1956 SC 593
Transfer Ors., (2008) 5 SCC 796.
28. Jayaram Mudaliar v. Ayyaswamy,
AIR 1973 SC 569
29. Madhukar Nivrutti Jagtap v. Smt
Pramilabai Chandulal Parandekar
Civil Appeal 5382 of 2007
Part S. 53A, TPA
Performance
7.1 Sale, Meaning; Difference; Ss. 54 – 55; 118 -121; 122-126. 33. Vidyadhar v. Manikrao, AIR 1999
Exchange, Sale Deed v. Agreement 31. Sridhar & Anr v. N. Revanna & SC 1441
Gift to Sell; Ors Civil Appeal case 1209 of
Rights and Liabilities of 2020 (Supreme Court)
Buyer and Seller. 32. Subhas Chandra v Ganga Prasad,
AIR 1967 SC 878

7.2 Registration Requirement of S. 17 and 18 of the Indian Registration Indian Stamp Act to be referred to and
and Stamp Registration/Stamp; Act the schedule to be discussed briefly
Duty Consequences of Failure. Indian Stamp Act 35. Gurcharan Singh v. Angrez Kaur
34. Suraj Lamps Pvt. Ltd. v State of
(2020) 10 SCC 250
Haryana, 2011 (11) SC 438.

8. Lease, Meaning of lease; Types Ss. 105 – 109. Kiran Wadhwa, Maharashtra Rent
License of lease; Overview of rent control legislations. Control Act 1999: Unfinished Agenda,
Rights and duties of 36. Sivayogeswara Cotton Press v. M. EPW, Vol. 37.2002, 25, p. 2471-2476
Lessor and Lessee. Panchaksharappa, AIR 1962 SC

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Week Topic Particulars Essential Readings Suggested Readings

413 Model Tenancy Act, 2019

37. Dhanpal Chettiar v. Yesodai
Ammal AIR 1979 SC 1745
38. Shanti Devi v. Amal Kumar AIR
1981 SC 1550
39. Laxmidas Bapudas v. Rudravva
2001 (2) SCC 409
Delhi Rent Control Act, 1958 (Sections
– 2, 4, 5, 6, 14, 16, 17)
Nand Ram v. Jagdish Prasad (2020) 9
SCC 393

Differences between a S. 52 Indian Easement Act.

Lease and License 40. Associated Hotels of India Ltd. v.
R.N. Kapoor (AIR 1959 SC 1262)
41. Bharat Petroleum Corporation Ltd.
v Chembur Service Station,
2011(4) SCALE 209, ¶18-20.

9. Mortgage Introduction and Ss. 58-98 (S. 58-63A, 67, 68, 69, 70, 46. Shri Shivdev Singh v Sh. Sucha
and Charge Meaning; Nature; 72, 74-76, 78, 83, 85, 91, 92, 94-96)
Singh AIR 2000 SC 1935
Essentials and Types; 100.
Right of Redemption and 42. Vidhyadhar v Manikrao AIR 1999 47. Sangar Gagu Dhula v. Shah
Clog on Redemption; SC 1441
Laxmiben Tejshi, AIR 2001 Guj.
Subrogation; 43. Chaganlal v. Anantaraman, AIR
Marshalling. 1961 Mad 415 329
44. Ganga Dhar v. Shankar Lal, AIR
48. Ganpati Bapji Alamwar v.
1958 SC 770
45. Pomal Kanji Govindji v. Vrajlal Digambarroa Venkatrao Bhadke
Karsandas Purohit, AIR 1989 SC
Civil Appeal 3960 of 2011
436 : (1989) 1 SCC 458
(Supreme Court)

10. Easements Definition, creation and Indian Easements Act, 1882 (Sections:

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Week Topic Particulars Essential Readings Suggested Readings

extinction of easements 4-19, 21)

Adverse Meaning and debates S. 27 and Articles 64 and 65 of the 50. State of Haryana vs Mukesh Kumar
Possession around the concept Limitation Act, 1963
(2011) 10 SCC 404
49. Ravinder Kaur Grewal v Manjit
Kaur, 2019 SCC OnLine SC 975

11. Revision

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b. Conceptual Reading Material

SL. READINGS
NO
1. Jeremy Waldron, What is Private Property? 5 Oxford Journal of Legal Studies 313 (1985)
Stephen R Munzer, A Theory of Property, Cambridge University Press, 1990

2. Burke Shartel, Meanings of Possession, 1932 16 (6) Minnesota Law Review 611-637;
TRANSFER OF PROPERTY ACT, 1882.
3. REGISTRATION ACT, 1908 AND INDIAN STAMP ACT, 1899
4. Robyn Honey, Renovating the Concept of Consent in Property and Contract, in New
Directions for Law in Australia (ed) ANU Press, 2017
5. Carl Emery, Do We Need a Rule Against Perpetuities? 1994 57 (4) The Modern Law
Review 602-610
6. Carl Wellman, Concept of Fetal Rights, 2002 21 (1) Law and Philosophy 65-93
7. Andrew Burrows, We do this in Common Law But That in Equity, 2002, 22 (1), Oxford
Journal of Legal Studies, 1-16
8. Francis L Kenney Jr. Lis Pendens as Remedy of Surety, 1974 9 (5), The Forum, 739-
746
9. George Lefcoe, Property Condition Disclosure Forms: How the Real Estate Industry
Eased the Transition from Caveat Emptor to “Seller Tell All”, 2004 39 (2), Real
Property, Probate and Trust Journal, 193-250
10. TRANSFER OF PROPERTY ACT, INDIAN EASEMENT ACT, 1882
11. Steven W Bender, Equity in Times of Mortgage Crisis, 2014 48 (3) Trust and Estate
Law Journal 543-610
12. Andra Ghent, How do case law and statute differ? Lessons from the Evolution of
Mortgage Law, 2014 57 (4) Journal of Law and Economics 1085-1122
13. Henry w Ballantine, Title by Adverse Possession, 1918, 32 (2) Harvard Law Review,
135-159
14. William B Stoebuck. A General Theory of Eminent Domain, 1972 47(4) Washington
Law Review 553-608

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15. Shyamkrishna Balganesh, Codifying the Common law of Property in India:

Crystallization and Standardization as strategies of constraint, 2015, 63 (1) The
American Journal of Comparitive Law 33-76

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