Property Law Syllabus

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DR. B.R.

AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT


(Established by the Haryana State Legislature Act No. 15 of 2012)

Course Name: Property Law Course Code: BL 404

Session Programme: Semester: Contact Hrs.


L T P Credit
B.A. LL.B. (5 per Week: 5
2023-28 Year) Integrated IV
4 1 0 5 Total Hrs.: 75
onwards Course
Total Evaluation Marks: 100
CIE&b Mid Term Examination:
Examination Duration: 3 Hrs.
40 Marks
TEE: 60 Marks
The course on property law deals with the transfer of property act, 1882, which mainly governs
the transfer of property between two leaving persons. It is a general law on transfer of property by
act of parties. It does not cover transfers by the operation of law. It has to be read with transfer of
property with Indian Registration Act, Stamp Act and Indian Contract Act for the complete
Course knowledge of property law. The act refers to certain kinds of transfer of property. This course
Objectives discusses in detail the general principles relating to its transfer of immovable property, concept of
mortgage, sale, gifts, and exchange and about easement, lease, license, charge.

After the completion of this course, the student would be able to:

Course 1. Understand the concept of property and general principles relating to its transfer
Outcomes 2. Apply the principles governing the transfer of immovable property
3. Evaluate the principles relating to the concept of mortgage, sale, gifts and exchange.
4. Develop the understanding about easement, lease, license, charge

COURSE SYLLABUS
NOTE:
1. The question paper shall consist of Five Questions in all. The first question is compulsory in nature and it
shall contain short answer-type questions from all the units, carrying 2.5 marks each and the student shall
be required to attempt all the eight questions.
2. Question No. 2, 3, 4 and 5, shall be long-answer-type questions from all the units and students shall be
required to attempt any one out of the given two choices under each question from the individual module.
Each long answer type question shall carry 10 Marks. The Examiner will be free to set the questions either
in problem forms or based on case law.
Module Contents Contact
No. Hrs.
I Historical development of property law in India, Definitions: moveable and immoveable 15
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DR. B.R. AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT
(Established by the Haryana State Legislature Act No. 15 of 2012)

property, attested ,registered, notice (section. 3) Concept of transfer of property by act of


parties,(Section.5) Transferable and non-transferable property,(Section.6) Persons
competent to transfer,(Section.7) Operation of transfer,(Section.8) Oral transfers
(Section.9) Conditions restricting transfer (Section.10), Restrictions repugnant to interest,
created (Section.11), Transfer for the benefit of unborn person, (Section.13) and Rule
against perpetuity (Section.14),Vested and Contingent Interest, (Section.19 & 21)

Doctrine of election (Section.35), Transfer by ostensible owner, (Section.41) Transfer by


unauthorized person who subsequently acquires interest in property transferred: Rule of
feeding the grant by estoppel, (Section.43), Transfer of property pending suit relating
II 20
thereto: Doctrine of Lis Pendens.(Section.52) Fraudulent transfer, (Section.53) Rule of
one time done
2 time done
now only exam time
Part Performance (Section.53-A)

Sale: Definition essentials of sale and Contract for sale, (Section.54), Rights and liabilities
of buyer and seller, (Section.55) Discharge of encumbrances on sale.(Section.57)
III Mortgage: Kinds of Mortgage,(Section.58) rights and liabilities of mortgagee and 20
charge done 2 times
sale done 2 times
mortgagor, Doctrine of Marshalling. (Section.81), Meaning and concept of charge,
(Section.100)
Lease: Definition, essentials of lease, rights and liabilities of lessor and lessee,
exchange done 2 times
actionable claim done 2 times determination of lease.(Section. 105-111). Exchange: Definition, rights and liabilities of
gift done 2 time
lease done 2 time parties, exchange of money.(section.118-121) Gift: Essentials of gift, revocation of
gift(Section. 122-126) Actionable Claims: Definition, transfer of actionable claim,
liability of transferee of actionable claim, form of notice for transfer of actionable
IV 20
claim.(section.130-132), Easement: Definition and essentials of easement, dominant and
servient heritage (Section 4-7),owner, who may impose easements and who may acquire
easements,(Section 8-18) Extinction, suspension and revival of easements.(Section 37-
41), License (Section 52-62)

mortgage, licence, easement

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DR. B.R. AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT
(Established by the Haryana State Legislature Act No. 15 of 2012)

LEADING CASES
1. Indra lok Studio Ltd. v. Santi Devi, AIR 1960.
2. Commissioner of Income Tax, v. M/S. Motor & General Stores AIR 1968.
3. Jaya Ram v. Ayyaswami, AIR 1973.
4. Amol v. Deorao AIR 2011.

SUGGESTED READING
1. Avtar Singh, Text Book on the Transfer of Property Act, Universal Law Publishing Co, Delhi
2. Poonam Pradhan Saxena, Mulla on Transfer of Property Act 1882,LexisNexis, Gurugram
3. Poonam Pradhan Saxena, Property Law, LexisNexis, Gurugram
4. G.P. Tripathi, The Transfer of Property Act, Central Law Publications, Paryagraj
5. S.N. Shukla, Transfer of Property Act, Allahabad Law Agency, Paryagraj
6. R.K. Sinha, The Transfer of Property Act, Central Law Agency, Paryagraj
7. S.R.Myneni, Law of Property, Asia Law House, Hyderabad
8. D.N.Mulla’s, The Transfer of Property, Lexis Nexix, Butterworths, Nagpur
9. P.M.Bakshi and S.M. Lahiri’s, The Transfer of Property, India law house, New Delhi.
10. Darashaw.j vakil’s, Commentary on the Transfer of Property Act, Vol.I&II., Lexis Nexis, Nagpur.

Note: Students are advised to study the latest edition of the recommended books and case laws.

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