KIIT Law School

KIIT University, Bhubaneswar-751024

Course: B.A. LL.B., B.B.A. LLB. & B.Sc. LL.B. (SEMESTER V)

Subject: PROPERTY LAW (Code:

LAW-309)

Subject Teacher:

Mrs. Dipanwita Sinha

Asst. Professor, KIIT School of Law

Mr. Gautam Mishra, Advocate

INDEX

1. Mechanical data.
2. Object.
3. Objectives.
4. Teaching Learning Methodology.
5. Evaluation System
Measurement
Evaluation of Application
Assessment
6. Dispute Resolution.
7. Annexure I: Detailed Syllabus.

8. Annexure II: Day to day schedule.

9. Annexure III: Readings.
10. Annexure IV: Expert Associated.

MECHANICAL DATA

1. Course: B.A. LL.B.; B.Sc. LL.B.; B.B.A. LL.B. Semester V

2. Subject: Property Law
3. Nature of the subject: Compulsory
4. Paper: PROPERTY LAW
5. Paper Code: LAW-309
6.

Subject Overview: Day to day life people have to transfer properties

either by way of sale, mortgage, gift or lease.

If one has no sufficient

knowledge of Law relating to Transfer of Property it will create many legal

problems. Ordinary law courts are bound to deal with property disputes.

In this background the study of Law relating to Transfer of Property is a

must for protecting one of the predominant civil rights of the people.
7. Name of the teachers:

Mrs. Dipanwita Sinha

and
Mr. Gautam Mishra

9. Credit hours/week:
10. Room No:

OBJECT
The object is to develop a skill for the transfer of property rights in
movable and immovable assets.

OBJECTIVES

Therefore the objectives to introduce this subject to the law students

are:

1. To acquaint the law students with the terms and provisions of transfer as
laid down in the Transfer of Property Act.
2. To train them as to the different use of the law, in courts as well as in the
corporate sectors.
3. To teach and acquaint the students with the allied laws which are related
to the Transfer of Property Act.
4. To give an overview of the subject and its use before the students.

TEACHING LEARNING METHODOLOGY

Teaching will be by lecture method supplemented by class room discussions,

tutorials and problem solving. The lectures will give the students an overall
view of the topic. The tutorial will provide an opportunity for discussion and
revision.

The lecture will be mainly on the topics mentioned in the course

outline.

EVALUATION SYSTEM

The performance of the students will be assessed on the basis of 100 marks.
The total 100 mark is divided into 40 marks for the Internal Assessment and
60 marks for the End Semester Examination. Out of 40 marks, 20 marks are
allotted for Mid Semester Examination, 10 marks for two class tests (there will
be four tests out of which the best two will be taken).

DISPUTE RESOLUTION

Once the valuation is completed the paper will be shown to the students and
the marks will be published on the notice board.

Any student who is not

satisfied with the marks can approach the subject teacher.

ANNEXURE I : DETAILED SYLLABUS

The syllabus of the course is divided into VIII modules. Modules I and II deals
with basic terms and principles, Modules III to VI deals with specific transfers
and Module VII and VIII deals with important provisions of Indian Registration
Act and Easement Act
Module I

Concept and definition

Module II

General Principles of transfers of property by act of parties

Module III Sale

Module IV Mortgage
Module V

Lease

Module VI Gift
Module VII & VIII Important provisions - Registration Act and Easement Act

MODULE I CONCEPT AND DEFINITION (8 Credit Hours)

1.1 Concept of property , ownership, possession, right to property

under the Constitution of India

1.2 Moveable property, immoveable Property with reference to General

Clauses Act, Attestation, Actionable Claim (Sections 130), Attached to
earth, Instrument, Notice (Section 3)

1.3 Definition of Transfer of Property (Section 5)

MODULE II GENERAL PRINCIPLES OF TRANSFERS OF PROPERTY BY

ACT OF PARTIES (28 Credit Hours)

2.1 Properties which cannot be transferred (Section 6), Persons

competent to transfer (Section 7), Oral transfer (Section 9), Condition
restraining alienation (Section 10),Repugnant conditions (Section 11)

2.2 Transfer for the benefit of unborn persons (Section 13), Rule against
perpetuity (Section 14), Class gift ( Sections 15 & 16), Transfer in
perpetuity for benefit of public (Section 18), Vested interest (Section 19),
Contingent Interest (Section 21)

2.3 Conditional transfer ( Section 25), Doctrine of cy-pres (Section 26),

Doctrine of acceleration (Section 27)

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

(Section 41), Doctrine of feeding the grant by estoppel (Section 43),
Doctrine of lis pendens ( Section 52),Fraudulent transfer (Section
53),Part performance (Section 53A)

MODULE III SALE (4 Credit Hours)

3.1 Definitions, Contract for sale and contract of sale(Section 54)

3.2 Rights and liabilities of buyer and seller before and after sale (Section
55)

3.3 Marshalling by a subsequent purchaser (Section 57)

MODULE IV MORTGAGE (15 Credit Hours.)

4.1 Definitions, Types of mortgage, Essential Elements (Section 58),

Difference between mortgage, hypothecation and pledge, Limitation of
suits relating to mortgages

4.2 Equity of redemption, Clog on redemption (Section 60)

4.3 Right to foreclosure (Section 67), Marshalling securities (Section 81)

4.4 Charge ( Section100), Exchange (Section 118)

MODULE V LEASE (3 Credit Hours)

5.1 Nature and Concept (Section 105)

5.2 Duration of lease (Section 106)

5.3 Tenancy at will, Tenancy by sufferance, Tenancy by holding over

(Section 116)

5.4 Rights and liabilities of lessor and lessee (Section 108),

Determination of lease (Section 111)

MODULE VI GIFT (3 Credit Hours)

6.1 Definition (Section 122), Kinds of gifts (Sections 122 & 124-126),
Conversion

6.2 Mode of making gift (Section 123), Universal done (Section 128)

6.3 Revocation of gift (Section 126)

6.4 Death bed gift (Section 129)

MODULE VII (2 Credit Hours)

7.1 Basic principles of stamp duty

7.2 Important provisions of the Registration

MODULE VIII (2 Credit Hours)

1.1

Important provisions of Indian Easements Act, 1882

ANNEXURE II: DAY TO DAY SCHEDULE

Particulars
MODULE I CONCEPT

No. of Hours

Total Hours

AND DEFINITION

1.1 Concept of

(3hrs)

property ,
ownership,

8 HRS.

possession, right
to property under
the Constitution of
India

1.2 Moveable
property,

(4hrs)

immoveable
Property with
reference to
General Clauses
Act, Attestation,
Actionable Claim
(Sections 130),
Attached to earth,
Instrument, Notice
(Section 3)

1.3 Definition of
Transfer of
Property (Section

(1 Hr)

5)

MODULE II GENERAL
TRANSFERS

2.1 Properties

(7 Hrs.)

which cannot be

28 Hrs

transferred
(Section 6),
Persons competent
to transfer (Section
7), Oral transfer
(Section 9),
Condition
restraining
alienation (Section
10),Repugnant
conditions (Section
11)

2.2 Transfer for

the benefit of
unborn persons
(Section 13), Rule
against perpetuity
(Section 14),
Class gift
( Sections 15 &
16), Transfer in
perpetuity for
benefit of public
(Section 18),
Vested interest

(7 Hrs.)

(Section 19),
Contingent
Interest (Section
21)

2.3 Conditional

(7 Hrs.)

transfer ( Section
25), Doctrine of cypres (Section 26),
Doctrine of
acceleration
(Section 27)

2.4 Doctrine of

(7 Hrs.)

election (Section
35), Transfer by
ostensible owner
(Section 41),
Doctrine of feeding
the grant by
estoppel (Section
43), Doctrine of lis
pendens ( Section
52),Fraudulent
transfer (Section
53),Part
performance
(Section 53A)

MODULE III - SALE

3.1 Definitions,
Contract for sale

(2 Hrs.)

and contract of
sale(Section 54)

4 Hrs.

3.2 Rights and

liabilities of buyer

(1 Hr.)

and seller before

and after sale
(Section 55)

3.3 Marshalling by
a subsequent
purchaser (Section
57)

(1hrs)

MODULE IV MORTGAGE

4.1 Definitions,

(4 Hrs.)

Types of mortgage,
Essential
Elements (Section
58), Difference
between mortgage,
hypothecation and
pledge, Limitation
of suits relating to
mortgages

4.2 Equity of
redemption, Clog

(4 Hrs.)

on redemption
(Section 60)

4.3 Right to
foreclosure
(Section 67),
Marshalling
securities (Section
81)

(4 Hrs.)

15Hrs.

4.4 Charge

(3 Hrs.)

( Section100),
Exchange (Section
118)

5.1 Nature and

Concept (Section
105)

5.2 Duration of

(1hr)

lease (Section 106)

3Hrs.

5.3 Tenancy at
will, Tenancy by
sufferance,
Tenancy by
holding over
(Section 116)

(2hrs)

5.4 Rights and

liabilities of lessor
and lessee (Section
108),
Determination of
lease (Section 111)

MODULE VI - GIFT

6.1 Definition

(1hr)

(Section 122),
3Hrs.

Kinds of gifts
(Sections 122 &
124-126),
Conversion

6.2 Mode of
making gift
(Section 123),

(2hrs)

Universal done
(Section 128)

6.3 Revocation of
gift (Section 126)

6.4 Death bed gift

(Section 129)

MODULE VII
7.1 Important provisions

(2hrs)

2 Hrs.

(2hrs)

2 Hrs.

HOURS

65

of the Registration Act,

1908
MODULE VIII
8.1 Important provisions
of Indian Easement Act,
1882
TOTAL
Module I

08 hours

Module II

28 hours

Module III 04 hours

Module IV 15 hours
Module V

03 hours

Module VI 03 hours
Module VII 04 hours
Total

65 hours

ANNEXURE III: READINGS

TEXT BOOKS
H.N. Tiwari, Transfer of Property Act, Allahabad Law Agency, 4th edn., Reprint
2007.
Dr. Avtar Singh, Text Book on The Transfer of Property Act, Universal Law
Publishing Company, 2nd edn., 2009.
Dr. R.K. Sinha, The Transfer of Property Act, Central Law Agency, 10th edn.,
Reprint 2009.
Vepa P. Sarathi, Law on Transfer of Property, Eastern Book Company, 5th edn.,
Reprint 2010.
Dr. G.P. Tripathi, The Transfer of Property Act, Central Law Publications, 17th
edn., 2011.

REFERENCE BOOKS
Mulla, The Transfer of Property Act, Lexis Nexis, 10th edn., 2005.
Cheshire and Burns Modern Law of Real Property, Oxford Publications, 17 th
edn. 2006.
G.C.V. Subha Rao, Law of Transfer of Property Act, ALT Publlications, 5th edn.,
2007.
Banerjewes Commentaries on the Transfer of Property Act 1882, Dwivedi and
Co., 2007.

Hari Singh Gour, Commentary on the Transfer of Property Act, Delhi Law
House, 11th edn., 2008.
B.B.Mitra & Sengupta, Transfer of Property Act, Kamala Law House, 19th edn.,
2009.
Darashaw J Vakils, Commentaries on the Transfer of Property Act, Lexis
Nexis, 3rd edn. 2009.

JOURNALS AND REPORTS

Indian Cases - All India Reports and Supreme Court Cases
English Cases All England Reporter

WEBSITES
Manupatra
Lexis and Nexis
West Law

ANNEXURE IV: EXPERT ASSOCIATED