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    Semester-IV Syllabus - Law of Transfer of Property

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    Sabya Sachee Rai
    This document outlines the syllabus for a course on the Law of Transfer of Property being offered in Semester IV from January to April 2014. [1] It introduces the objectives of studying property law and the Transfer of Property Act of 1882. [2] The syllabus is divided into three modules that will cover the historical background and definitions, general principles of transfer of property, and specific transactions such as sale, mortgage, lease and gifts. [3] Recommended reference materials include the Transfer of Property Act and several textbooks providing commentary on the legislation.

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    Semester-IV Syllabus - Law of Transfer of Property

    Uploaded by

    Sabya Sachee Rai
    1K views3 pages
    This document outlines the syllabus for a course on the Law of Transfer of Property being offered in Semester IV from January to April 2014. [1] It introduces the objectives of studying property law and the Transfer of Property Act of 1882. [2] The syllabus is divided into three modules that will cover the historical background and definitions, general principles of transfer of property, and specific transactions such as sale, mortgage, lease and gifts. [3] Recommended reference materials include the Transfer of Property Act and several textbooks providing commentary on the legislation.

    Original Description:

    Property Law Vijay Law Series Hyderabad

    Original Title

    Transfer of Property Act

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    This document outlines the syllabus for a course on the Law of Transfer of Property being offered in Semester IV from January to April 2014. [1] It introduces the objectives of studying property law and the Transfer of Property Act of 1882. [2] The syllabus is divided into three modules that will cover the historical background and definitions, general principles of transfer of property, and specific transactions such as sale, mortgage, lease and gifts. [3] Recommended reference materials include the Transfer of Property Act and several textbooks providing commentary on the legislation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views3 pages

    Semester-IV Syllabus - Law of Transfer of Property

    Uploaded by

    Sabya Sachee Rai
    This document outlines the syllabus for a course on the Law of Transfer of Property being offered in Semester IV from January to April 2014. [1] It introduces the objectives of studying property law and the Transfer of Property Act of 1882. [2] The syllabus is divided into three modules that will cover the historical background and definitions, general principles of transfer of property, and specific transactions such as sale, mortgage, lease and gifts. [3] Recommended reference materials include the Transfer of Property Act and several textbooks providing commentary on the legislation.

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    Semester- IV

    Syllabus - Law of Transfer of Property


    Course Teachers: Dr. Kiran Kori, Ms. Balwinder Kaur & Mr. Shyamtanu Paul

    Session Jan.-Apr. 2014

    Introduction & Objective of the Course:

    The course on property law conventionally deals with the Transfer of Property Act, 1882, which
    mainly governs the transfer of property between two living persons. The Act refers to certain
    kinds of transfer of property, such as sale of property, lease or renting of property, mortgage of
    property, gifting property and exchange of property. Apart from these, there are certain other
    transactions which resemble transfer of property, though they do not actually amount to a
    transfer such as partition, availing paying guest accommodation, creation of a charge etc. More
    than a century has elapsed since the passing of the Act and far reaching changes have occurred in
    the field of property laws owing to altered social conditions. The obsolescence of the Transfer of
    Property Act can be best illustrated by citing the provisions relating to leases on immovable
    properties. The provisions relating to leases under the Act are not applicable to agricultural
    leases; and even with respect to urban immovable property, the provisions are not applicable to
    the most dominant type, namely, housing under the rent control legislation.

    MODULE I: HISTORICAL BACKGROUND & GENERAL INTRODUCTION

    A: Meaning and Definition of Property &Transfer of Property

    B: Interpretation of-
    i. Movable & Immovable Property
    ii. Instrument
    iii. Attestation
    iv. Registration
    v. Attached to earth
    vi. Actionable claim
    vii. Notice

    MODULE II: GENERAL PRINCIPLES OF TRANSFER OF PROPERTY

    A: Transfer of property, whether movable or immovable

    i. Movable and Immovable property


    ii. Transfer of property- meaning and elements
    iii. What kinds of property can be transferred
    iv. Restrictions on alienation of property
    v. Restrictions on enjoyment of property
    vi. Transfer to unborn person
    vii. Rule against perpetuity
    viii. Vested and contingent interests
    ix. Conditional transfers
    x. Ulterior transfer
    xi. Doctrine of election
    xii. Rule relating to apportionment

    B. Transfer of immovable property

    i. Doctrine of holding out


    ii. Feeding the grant by estoppel
    iii. Dotrine of priority
    iv. Transfer lis pendens
    v. Fraudulent transfer
    vi. Doctrine of part performance

    MODULE III: SPECIFIC TRANSACTIONS

    A: Sale

    i. Meaning and essentials


    ii. Rights and liabilities of buyer and seller
    iii. Marshalling by subsequent purchaser

    B: Mortgage

    i. Meaning, essentials and kinds of mortgage


    ii. Right to redeem
    iii. Right to foreclosure or sale
    iv. doctrine of priority
    v. Doctrine of marshalling and contribution
    vi. Doctrine of subrogation
    vii. Charges

    C: Lease

    i. Meaning and essentials


    ii. Determination of Lease
    iii.

    D: Gifts-
    i. meaning and essentials
    ii. Gift how made
    iii. Onerous Gift
    iv. Universal Donee

    REFERENCES:

    Prescribed Legislation: Transfer of Property Act, 1882.

    Prescribed Books:

    H. S. Gaur’s Commentary of Transfer of Property Act.

    G.C.V. Subbarao’s Commentary on Transfer of Property Act.

    Mulla, Transfer of Property Act.

    R.K.Sinha, The Transfer of Property Act.

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