Teaching Plan

Property Law

Semester V
Batch 2018-2023

By

Ms. Charvi Kumar (Course-

in-Charge),
Mr Vikram Singh (Co-
Faculty), and
Mr Ritesh Khatri (Course
Expert)

Academic Year 2020-21

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

July 2020- October 2020

1. INTRODUCTION:
Property law is an important branch of civil law. This law can be said to the
essence behind evolution of concept of rights if we reflect on John Locke,
Rousseau. Property is juridically very essential element of life of the individual
and socio-economic pillar in a state. It has gradually been given wider
meaning to include every kind of proprietary or quasi proprietary claims of an
individual. It reflects bundle of rights in tangible and intangible denominations
of human existence. There are two types of property: Immovable (Real
property) and Movable (Personal Property).
Most of the legal concepts and rules associated with both types of property
are derived from English Common Law and philosophy of possession.
Possession is a property interest under which an individual to the exclusion of
all others is able to exercise power over something. It is a basic property right
that entitles the possessor to continue peaceful possession against everyone
else except someone with a superior right. To have possession, an individual
must have a degree of actual control over the object, coupled with intent to
possess the object and exclude others from possessing it. Modern law has
incorporated possession concepts and rules into statutes, which define the
types and rights of ownership in real and personal property. The aforesaid
dimensions of property law are codified in India as, Transfer of Property Act
1882. Drafted in 1870, the Transfer of Property Act saw the light of the day in
1882 and provided the basic principles for transfer of both movable and
immovable properties.
Based primarily on the English law of real property, commonly called as law of
fixtures, it attempted to mould these principles to suit the Indian conditions;
but certain provisions of the Act still remain inapplicable to Hindus and
Muslims as a matter of state policy. In general the Transfer of Property Act,
1882 contains the general principles of transfer of property and detailed rules
with respect to specific transfer of immovable property by sale, exchange,
mortgage, lease and gift. The present course will cover a study of important
terms relevant to transfer of property, meaning of “transfer‟ under the Act,
general principles relating to transfer of property and definitions and rules
relating to specific transfers of immovable properties by mortgage, lease and
gift. The curriculum of property law is designed to make students
conversant with “Fundamental Principles‟ regarding law of property transfers
2. LEARNING OBJECTIVES AND OUTCOMES:
A. Objectives (Knowledge, Skills and Employability):
The objective of this course is to develop the following set of skills in the
learners: general cognitive intellectual skills; general communicative/
employability skills; and subject specific skills. Learners are expected to have
achieved the following objectives:
 Understand the laws on transfer of property and its allied laws and
understand the rationale behind them (Knowledge);
 Analyse the intricacies and conflicts in the rights of parties and property
transfer, especially in light of the socioeconomic landscape of the
country (Skills);
 Demonstrate the acquired skills while applying property laws in any
given situation (Skills and Employability);
 Defend the legal validity of their opinions with regard to any facts and
circumstances through legal arguments (Skills and Employability);
 Equip themselves with skills and knowledge to advise the litigants while
keeping in mind the case-specific sensitivity (Skills and Employability);
 To gain exposure to practical side of the property laws (Employability);
and
 To develop the capacity to be able to use, orally and through the
written medium, fluent and complex prose, using legal terminology with
scrupulous care and accuracy (Skills and Employability).
B. Outcomes (Knowledge, Skills and Employability):
Seven key course outcomes will be highlighted by this course:
 to identify and understand the types of properties and relevant theories
related to their evolution (Knowledge);
 to analyse laws that regulate property relations and their conflict with
each other (Knowledge);
 to understand the details of legal concepts and doctrines in the
property laws developed through different judicial decisions
(Knowledge);
  to develop the capacity to write and orate fluent and complex prose as
appropriate, using legal terminology with scrupulous care and accuracy
(Skills and Employability);
 to evaluate various laws relating to property law and assess their socio-
economic impact (Knowledge and Skills);
 to apply the knowledge gained of relevant theories and laws to
problems and produce well-supported conclusions in relation to legal
issues (Skills and Employability); and
 to create and suggest alternatives where loopholes and conflicts in the
law exist (Knowledge).
C. Subject Specific Activities:
Learners will be doing the following activities in this course: case analyses to
identify discrepancies in the law, drafting of legal arguments based on
complex situations and facts, and drafting property deeds.

3. LECTURES
A. Times and Attendance
Two/Three lectures per week have been set aside for this course for each
division. Verify it from the Time Table assigned for each division. One should
duly check related notification at „Outlook‟ as well as „Posts‟ @Microsoft
Teams.
As per Symbiosis International (Deemed University) Regulations, please note,
“Students are expected to attend minimum 75% of all scheduled sessions and
other forms of instruction as defined by the programme of study.”
The student will not be eligible to appear for the examination if he / she fail to
put in the required attendance. The students can update themselves of their
attendance daily online in „Attendance‟ on „Curiosity‟ Portal at
https://slsnoida.curiositylive.com.

B. Mode of Delivery
This Course will be delivered in Synchronous (80%) and Asynchronous (20%)
mode.
Session Plan, Lecture outlines (principally in the form of PowerPoint slides),
Hand-outs, reading material including e-Books, and Articles as applicable in a
given case, will be made available in „OneNote‟ @ Microsoft Team. To facilitate
understanding of these lectures, student should always read at least the
relevant pages of suggested readings in advance of each lecture.

C. Notifications
Students are informed that notice/s, if required, with respect Academic-
Administration, will be sent, either by Course in Charge or Officer In Charge,
Academic Coordination, using „Posts‟ @Microsoft Teams. Students are
required to keep themselves duly informed.

D. Lecture Outline

Synchronous Mode

Week / Lecture
Content/Topic
Date No.

Week 1 Lecture 1
Teaching Plan
July 03,
2020 Teaching Plan
Lecture 2
1. Jurisprudence and Preliminary Rules
Lecture 3 1.1. Concept and Scope
Week 2
 Meaning of Property, Jurisprudence,
July 06, Kinds of Properties
2020 Lecture 4  Transferable Property, Principles and
Accessory Rights
Week 3 Lecture 5  Written and Oral Transfer
July 13,
Lecture 6  Restraints on Alienations
2020
Week 4 Lecture 7  Perpetuities
July 20,  Transfer to a Class, Doctrine of
Lecture 8
2020 Accelerations
Week 5 Lecture 9  Vested and Contingent Remainders
July 27, Lecture 1.2. Conflict of Rights Between Parties
2020 10  Priority of Rights and Notice
Lecture
Week 6  Transfer by Limited Owners
11
August
Lecture
03, 2020  Ostensible Ownership
12
Week 7 Lecture Lecture by Course Expert
August 13
10, 2020
2. Sale
Lecture 2.1. Of Sales Generally and Rights and Liabilities
14 of Buyers and Sellers
 Definition of Sale

Lecture
Week 8  Parties to Sale, Passing of Ownership
15
August
Lecture
17, 2020  Disclosure and Title deeds
16
Lecture  Discharge of Encumbrances, Payment of
Week 9
17 Price
August
Lecture
24, 2020  Remedies before and after Conveyance
18
Lecture  Unpaid Vendor‟s Charge, Encumbrances and
Week 10 19 Court Sale
August Lecture
Lecture by Course Expert
31, 2020 20
3. Mortgage and Leases

Lecture 3.1. Mortgages, General Characteristics and

Requisites
Week 11 21  Types of mortgages in India: simple and
Sep. 07, English Mortgage
2020
Lecture
 Principles that Apply to Mortgages
22
Lecture
 Definition and Transfer of an Interest
Week 12 23
Sep. 14, Lecture  Mortgagor‟s Right – Subrogation, Marshaling
2020 24 and Contribution
Lecture 3.2. Lease, Different Kind of Tenancies
25  Rights and Liabilities of Lessor and Lessee

Week 13 Lecture
 Duties of Lessor and Lessee
Sep. 21, 26
2020 Lecture
 Determination of lease
27
 3.3. Of Gifts, Exchanges, and Actionable Claims
Lecture
 Definition of Gifts and Kinds (Conditional Gift,
28
Onerous Gift)
Week 14
Lecture
Sep. 28,  Concept of Exchange
29
2020
Lecture
 Definition of Actionable Claims
30
Lecture
Lecture by Course Expert
31
5. Concept of Easement and Indian Easement
Week 15 Lecture
Act
Oct. 05, 32
 Nature of Easement, Creation of Easements
2020
Lecture
 Characteristics and Extinction
33
Lecture  Licenses and Related Provisions of the Indian
34 Easement Act
Week 16
Lecture
Oct. 12, Lecture by Course Expert
35
2020
Lecture
 Revision
36
Lecture
Week 17  Revision
37
Oct. 19,
Lecture
2020  Revision
38

The following part of the course will be covered via asynchronous mode of
teaching, learning, & evaluation. This part of course will be covered through
following three steps:
a) Asynchronous Teaching (15 Minutes), followed by
b) Learning Resources (Video, further reading) (45 minutes), followed by
c) Student Involvement (15 minutes)
*In following mode of teaching learning, attendance shall be granted
to the students, who shall participate in Student Involvement
Practices as per instructions given by Course In-charge.
 Asynchronous Mode

Video
Week Content/Topic
No.
1. Jurisprudence and Preliminary Rules
Video 1
 Ownership by Estoppel: Doctrine of Lis-

Week 2 Pendens

July 06,  Meaning of Pendency; Conditions for the

Video 2
2020 Rule to Apply
 Doctrine of Part Performance
Video 3
 English Law and Conditions

Video 4  Indian Law before the Amendment

Week 3
July 13,  Sec 53 A
Video 5
2020
Video 6  Summary of the Present Law
Doubt clearing Live Session
4. Registration of Immovable Property
Video 7
Week 4  Registration Act 1908
July 20,
Video 8  Registration Act 1908
2020
Video 9  Registration Act 1908
 Registration of Immovable Property under
Week 5 Video 10
the Registration Act 1908
July 27,
 Registration of Immovable Property under
2020 Video 11
the Registration Act 1908
Doubt clearing Live Session

4. READINGS & MATERIAL:

A. Textbooks

 Avtar Singh, The Textbook on the Transfer of Property Act 1882

(Universal Law Publishing Co. Pvt. Ltd. Delhi, 6th Edition 2019).

 Dr. Poonam Pradhan Saxena (Ed.), Mulla, The Transfer of Property

Act (Butterworth‟s Lexis Nexis, 13th Edition 2018).
  Sjef Van Erp and Bram Akkermans, Cases, Materials and Text on
Property Law (Hart Publishing, 2012).

 J.D. Jain, Indian Easement Act (Jain Book Depot, New Delhi, 2010).

 B.B. Katiyar, Treatise on the Law of Easements and Licenses in India

(Allahabad Law Book Co. Ltd., 1967).

 Vepa. P Sarthi, Transfer of Property (Eastern Book Publication, 5th

Edition, 2012).

 G.P. Tripathi, The Transfer of Property Act (Central Law Publications,

19th Edition 2019).

 Margaret Davies (Ed.), Property: Critical Concepts in Law (Routledge

Taylor and Francis Group, 1st Edition 2015), Vol. II.

B. Prescribed Legislations

 Transfer of Property Act 1882

 Indian Easement Act 1882

 Registration Act 1908

Other Reading Material shall be notified and whenever possible shared with
the learners by the Course-in-Charge throughout the semester.
A good resource to use is online databases such as Emerald; Ebsco; JSTOR;
Global Business Review available on campus network. For supplementary
reading, you could, for instance, begin by consulting the relevant sections of
the “alternative” texts placed on loan in the law library. Thereafter you could
engage in your own research, with particular reference to journals on online
databases including SCC Online, LexisNexis, Manupatra, WestLaw India,
HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer
Patent, and Kluwer Competition), Ebrary, Emerald & EBSCO, and offline
database including AIR.

5. ASSESSMENT:
Property Law is a 04 credit course so learners will be examined in this
course for 100 marks. In totality, they will be examined in this course by
Internal (40%) and External Assessment (60%) format.
Internal Continuous Evaluation:

Internal Continuous Evaluation will be conducted for 40 marks which will

include “Quizzes – I & II”; “Tutorial” and a Practical Project in the form of
“Deed Drafting Exercise”.

I. First Mode of Internal Continuous Evaluation – Online Quiz I and II

(5*2=10 Marks) [Examiner: Ms. Charvi Kumar].

II. Second Mode of Internal Continuous Evaluation – Tutorial (Open

Book Examination) (20 marks), [Examiner: Ms. Charvi Kumar].

III. Third Mode of Internal Continuous Evaluation – Deed Drafting

Exercise (10 marks), [Examiner: Mr. Vikram Singh].

External Assessment: The Symbiosis International (Deemed University)

will conduct Term End Examination for 60 marks at the end of the
semester. It consists of Ten objective questions of 2 marks each (20 marks)
and 4 subjective-type/cases and open problems/questions (10 Marks each)
with an alternative (40 marks). Relevant statutory provisions, wherever
applicable in open problem based questions, will be annexed with the
respective question/s.

6. Internal Continuous Evaluation - Mode and Schedule:

Each student will have to attempt each of the above assessment modes on all
the occasion. The details pertaining to the internal assessment modes are as
follows:

A. Quiz Mode and Schedule:

Two Quizzes shall be conducted via online mode from the part of the course
delivered via online mode.
Online Quiz 1 and 2: Each Quiz will have 5 multiple choice questions of 1
mark each.
There is no negative marking. The duration of the quiz shall be 15 minutes.
The Quiz shall be prepared in the form of the fill in the blanks, true/false,
Statement /Code, Paragraph based, Data Based, Logical Sequence, matching
questions relating to the subject. The goal of the tutorial is to prepare,
motivate and help the learners recall/remember what they learned. It aims at
judging the knowledge and understanding of a learner.

Topic Date Time

Online Topic 1: Jurisprudence August 4, 03:00-03:15 pm

Quiz 1 and Preliminary Rules 2020
 Ownership by
Estoppel: Doctrine of
Lis-Pendens
 Meaning of Pendency;
Conditions for the Rule
to Apply
 Doctrine of Part
Performance
 English Law and
Conditions
 Indian Law before the
Amendment
 Sec 53 A
 Summary of the
Present Law
Online Topic 4: Registration of August 14, 03:00-03:15 pm
Quiz 2 Immovable Property 2020
 Registration Act 1908
 Registration of
Immovable Property
under the Registration
Act 1908

B. Tutorial Mode and Schedule:

The second component of the internal assessment shall be a tutorial. It will
consist of at least two open problems/questions, carrying a total of 20 marks.
The tutorial will provide learners with an opportunity of assessing their
knowledge of Property Law. The tutorial will also provide them with an
opportunity to develop their written skills of presentation and reasoned
arguments. Lack of preparation and a fortiori non-attendance will mean that
learners will fail to make the most of the learning opportunities provided by
this tutorial. In order to achieve the two stated skills objectives i.e.
presentation and problem-solving skills, one tutorial is scheduled in this
semester.
It is an Open Book Examination i.e. examinees are allowed to bring and use
any material including books, articles, hand written notes, hand-outs and
similar printed material.
The schedule of the Tutorial is as follows:

Test Date Result Date Topics

August 25, September 5, 2020 Topic 1, 2, 3, & 5

2020 (Refer to lecture schedule
of synchronous mode of
teaching learning)
C. Deed Writing Mode and Schedule:
This practical project is an initiative to introduce clinical element in the
property law curriculum.
This will be an open project where you shall be free to consult any
professional lawyer and visit courts for the procedural requirements while you
prepare the deed, so that you become aware of the conveyance process and
other legal requirements related to it. The deed needs to be thoroughly formal
& professionally executed, you need to make it as authentic as possible, and
add as annexures necessary documents, proofs as well, though it will be for
an assumed property. For cursory guidance kindly refer to Annexure I
attached in the end of teaching plan. Under this you are required to prepare a
conveyance deed. A conveyance deed is a legal document between a
transferor and a transferee, which proves that a title or ownership in the
property along with all other rights related to the property have been
transferred from one person to another. While buying or selling any property,
one comes across various legal documents that are required to prove the
ownership of that property. Conveyance deed is one such document that is
required when there is a transfer of ownership of any property from one
person to another. The term 'Conveyance' is used when there is transfer of
ownership or legal title in a property from one person to another. However, a
conveyance deed is a wide term which not only includes a sale of the property
but also other kinds of transfers such as gift, exchange, lease, mortgage,
relinquishment and other transfers.

Manner of Allotment

The deed topics will be assigned by Mr. Vikram Singh and the list will be
 uploaded on the date specified in the teaching plan @Curiosity and Onenote

Expected Outcomes

The expected outcomes include: to analyse laws that regulate property

relations and their conflict with each other, to develop the capacity to write
and orate fluent and complex prose as appropriate, using legal terminology
with scrupulous care and accuracy, and to apply the knowledge gained of
relevant theories and laws to problems and produce well-supported
conclusions in relation to legal issues.

Marking Scheme

The marking scheme will be as follows:

 Use of technical language (2 marks),

 Inclusion of terms and conditions of transfer (2 marks),

 Proof of nature and usage of property (2 marks),

 Encumbrances with references to property (2 marks),

 Disclosures and necessary documents for conveyance, e.g., previous

sale deed, power of attorney, tenancy proofs, registry, etc. (2
marks).

The schedule of the deed writing exercise is as follows:

Assignment Submission Result

July 31, 2020 September 02, 2020 September 14, 2020

7. Administrative Arrangements and Contact Hours:

The Course In-Charge for Property Law is Ms. Charvi Kumar and the Co-
Faculty is Mr. Vikram Singh. Learners are welcome to contact them for the
removal of any doubts or further exploration of the concepts taught in class
via their email IDs: charvi@symlaw.edu.in and vikram@symlaw.edu.in ,
during office hours, i.e., 9:00 am to 5:00 pm.
 Annexure I

Guidelines for Practical Project: Deed Writing

Procedure of Research: Cursory research guidance is provided hereby to

guide learner with his/her/their practical work as follows:

 Check for encumbrances at the office of Sub-Registrar of

Assurance/Relevant Govt. Body.

 Preparation of the final “Transfer Deed‟, by the other party‟s lawyer

 Payment of Stamp Duty on the final “Transfer Deed‟ through franking or

other mode at the designated bank/govt. office etc.

 Execute final “Transfer Deed‟ and submit documents to the local office
of the Sub-Registrar of Assurances /Relevant Govt. Body.

 Apply to the Land & Survey Office for mutation or other related
proceedings for the final execution of transfer proceeds.