1.

SYNOPSIS

Topic- Law Relating To Appointment in Transfer of Property Act- A Critical Study With
Reference To Case Laws
Abstract
Apportionment in the Transfer of Property Act, 1882 is explained under sections 36 and 37. It is
one of the principles in the transfer of immovable and movable property which requires
consideration. Apportionment has dual meanings: 1) distribution of a common property among
many people and, 2) contribution made by different people holding different rights to carry out a
common cause. The TOPA, 1882 is concerned with only the first type of apportionment; it is
divided into two types: apportionment by time and apportionment by estate. In this project, the
writer seeks to gain a better understanding of sections 36 and 37 and their application in the
property law in India. The project has been divided into chapters and begins with Section 36 and
its analysis by way of case laws and then goes on to do the same in the next chapter regarding
Section 37. The last chapter is a comparison between apportionment laws in India and England.
Hypothesis
The concept of Appointment under Transfer of Property Act has evolved under common law. The
comparison between law relating to appointment in India and English law has been inadequate in
India when compared to the English law from which it has been derived.
Research Questions
Q. How has the concept of apportionment evolved under common law?
Q. How have Section 36 and 37 of the Transfer of Property Act, 1882 impacted the evolution of
the law related to apportionment in India?
Q. How is the idea of apportionment under India law distinct from English Law?
Chapters
i.

The first section deals with a critical analysis of Section 36 of the Transfer of Property
Act, 1882.
1|Page

ii.

The second section deals with a critique of Section 37 of the Transfer of Property Act,

iii.
iv.

1882.
The third section studies the case-law which deals with the concept of apportionment.
The fourth section compares the law of apportionment under Indian and English law.

2|Page