SVKM’s Narsee Monjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

Program: B.A., LL.B. (Hons.) 8101 & B.B.A., LL.B. (Hons.) 8102 Semester : V
Module : Transfer of Property Act Module Code:
Teaching Scheme Evaluation Scheme
Lecture Practical Term End
Tutorial Internal Continuous
(Hours (Hours Examinations (TEE)
(Hours per Credit Assessment (ICA)
per per (Marks- 50
week) (Marks - 50)
week) week) in Question Paper)
4 0 0 4 Marks Scaled to 50 Marks Scaled to 50
Pre-requisite:
Contract Act, Jurisprudential concept pertaining to property; and Constitutional provisions
pertaining to property.
Objectives:
1) To help the students understand and learn basic concepts of property (Immovable and
movable).
2) To help the students enhance basic legal knowledge relating to property transactions.
Outcomes:
1. To enable the students to apply relevant provisions and judicial decisions in understanding
the interpretation and practical application of laws (PLO1a).
2. To ensure that the students are able to demonstrate ability to compare statutory provisions &
legal theories of different jurisdictions (PLO1b).
3. To develop understanding and acquire application-oriented knowledge of the for rules,
regulations Notifications and Circulars issued by Regulators from time to time to take care of
contemporary and relevant issues (PLO2a).
Detailed Syllabus: ( per session plan )
Unit Description: Duration
(Hrs.)
1. Introduction to Transfer of Property Act, 1882 3
Understanding the following concepts:
▪ Concept and Meaning of Property (in alignment with other Statutes)
▪ Preamble of the Statute and reference to IOS principles
Basic Reading: General Introduction from Poonam Pradhan Saxena, Property
Law, Lexis Nexis; 3rd Edn. (2017).
2. Basic and Practical Understanding of Theories of Properties, Ownership, 3
Possession, Right and Interest
Understanding the jurisprudential aspect of the concept of property,
ownership, possession, right and interest.
Basic Reading: General Introduction from Poonam Pradhan Saxena,
Property Law, Lexis Nexis; 3rd Edn. (2017).
3. Transfer of Property (Inter vivos) 3
Understanding the concept of transfer of property under the Transfer of
Property Act, 1882
Sections Referred: Section 5 of the Transfer of Property Act, 1882.
Basic Reading: Chapter 2 of Poonam Pradhan Saxena, Property Law, Lexis
Nexis; 3rd Edn. (2017).
4. Attestation and Notice 3
Understanding the concept of attestation and notice.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Sections Referred: Section 3 of the Transfer of Property Act, 1882.
Basic Reading: Chapter 2 of Poonam Pradhan Saxena, Property Law, Lexis
Nexis; 3rd Edn. (2017).
5. Basic Principles Governing Transfer 3
Understanding the following principles governing transfer: What
May be transferred
Who is competent to transfer?
Sections Referred: Section 6 and 7, 8 & 9
Basic Reading: Chapter 2, Dr. R.K Sinha, The Transfer of Property Act, 12th
Edn., Central Law Agency
6. Doctrine of feeding the grant by estoppels 3
Understanding the doctrine of feeding the grant by estoppel
Sections Referred: Section 43
Basic Reading: Chapter 2, Dr. R.K Sinha, The Transfer of Property Act, 12th
Edn., Central Law Agency
7. Conditional Transfers & Transfer to Unborn Person 3
Understanding the concept of conditional transfers and its inter linkages with
specific transfers
Sections Referred: Section 10, 11, 12 & 25, Section 13 & 14
Basic Reading: Chapter 2 of Poonam Pradhan Saxena, Property Law, Lexis
Nexis; 3rd Edn. (2017).
8. Lis Pendens 3
Analyzing the doctrine of Lis Pendens
Sections Referred: Section 52
Basic Reading: Chapter 2 of Poonam Pradhan Saxena, Property Law, Lexis
Nexis; 3rd Edn. (2017).
9. Part Performance 3
Analyzing the doctrine of Part Performance
Sections Referred: Sec. 53A
Basic Reading: Chapter 2 of Poonam Pradhan Saxena, Property Law, Lexis
Nexis; 3rd Edn. (2017).
10. Law Relating to Specific Transfer of Property - Sale 3
Analyzing the law governing sale in India
Sections Referred: Sec. 54-57
Basic Reading: Sec. 54-57 of the Transfer of Property Act, 1882
11. Mortgage 3
Analyzing the law governing mortgage in India.
Basic Reading: Sec. 58-60, 61-73, 81, 82 & 92 of the Transfer of Property Act, 1882
12. Charges 3
Understanding the creation of charge and the law governing the same.
Basic Reading: Sec. 100 of the Transfer of Property Act, 1882
13. Lease 3
Analyzing the law governing lease in India.
Basic Reading: Sec.105 to 117 of the Transfer of Property Act, 1882
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
14. Exchanges 3
Analyzing the law governing exchanges in India.
Basic Reading: Sec. 118 – 120 of the Transfer of Property Act, 1882
15. Gift 3
Analyzing the law governing gifts in India
Basic Reading: Sec.122-126 of the Transfer of Property Act, 1882
16. Coparcenary, Joint and Co – Ownerships 3
Understudying the concept of Coparcenary, Joint and Co – Ownerships and
law governing the same.
Sections Referred: Sec. 44 – 47of the Transfer of Property Act, 1882
Basic Reading: Chapter 2 of Poonam Pradhan Saxena, Property Law, Lexis
Nexis; 3rd Edn. (2017).
17. Vested Interest and Contingent Interest 3
Sections Referred: Section 19 and 20 & 21 of the Transfer of Property Act, 1882
Basic Reading: Chapter 2 of Poonam Pradhan Saxena, Property Law, Lexis
Nexis; 3rd Edn. (2017).
18. Law related to Registration 3
Understanding the need for registration and effects of non- registration
Basic Reading: The Registration Act, 1908 (Section 17, 18, 47, 48 & 49)
19. Law relating to Stamp Duty in India 3
Analyzing the salient features of the Stamp Duty Act, 1899. (Section 3, 4, & 33-
41)
Basic Reading: https://legislative.gov.in/sites/default/files/A1899-2.pdf
20. Easements Act- Nature, creation, Extinction, Licenses The 3
Indian Easements Act, 1882 (Section 4, 5, 8 & 12, 13, 15, 18, 37-
51, 52-64)
Basic Reading: https://legislative.gov.in/sites/default/files/A1882-
05.pdf
Total 60

Text Books:
1. Mulla’s Transfer of Property Act (Lexis Nexis 11th ed. 2018).
2. Poonam Pradhan Saxena, Property Law, Lexis Nexis; 3rd Edn. (2017).

Reference Books:
1. Vepa P. Sarathi (Rev.) G.C.V. Subba Rao’s Law of Transfer of Property (EBC, 6th ed., 2017).
2. Sen Gupta (Rev.) Mitra’s Transfer of Property Act (Commentary).

Articles:
1. Alvares, C.F., Lease and Licence (1972) 2 SCC (Jour) 1.
2. Salian Sushanth, History of the Removal of the Fundamental right to Property. Centre for Civil
Society.
3. Wahi Namita, The Fundamental Right to property in the Indian Constitution, Harvard
Law School; Centre for Policy Research (India), 2015.
4. Balganesh Shyamkrishna, Codifying the Common Law of Property in India: Crystallization and
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Standardization as Strategies of Constraint.
Any other information: Latest and updated case laws to be incorporated while teaching.
Details of Internal Continuous Assessment (ICA): 50 Marks

Components Marks
Test 1 20 marks
Quiz 10 marks
*Group Discussion 10 marks
Class Participation 10 marks

Khyati Nayak
Signature Signature
(Prepared by Ms. Khyati Nayak) (Approved by Dean Dr. Durgambini Patel)