PAPER - III

PROPERTY LAW
(PROPERTY LAW INCLUDING EASEMENTS ACT AND LAW OF TRUST)

Objective of the Course:

Possession and Title over ‘property’ is a connecting factor for family, social, cultural,
religious and philosophical aspects of human beings. The prime objective of this paper is
to focus on concept and classification of property as well as principles governing transfer
of immovable property and easements. The focus will be on the study of the concept of
‘Property’, the ‘nature of property rights’ and the general principles governing the
transfer of property. A detailed study of the substantive law relating to particular
transfers, such as sale, mortgage, lease, exchange, gift and actionable claims will also be
undertaken.
The course exposes the students to various general principles of the transfer of
immovable property. The course also covers various modes of acquisition and
extinguishment of the easementary rights and license. The course also covers various
aspects of Law of Trust including forms of registration of deeds and methods collection
and payment of stamp duty for the deed. Contribution of courts to develop this branch of
law is adequately exposed.
UNIT - I: INTRODUCTION AND GENERAL PRINCIPLES OF TRANSFER
Jurisprudential Contours of Property – Possession and Ownership; Object and Scope of
the Transfer of Property, 1882; Concept and meaning of property; Interpretation Clause,
Definition of Transfer of Property, Subject Matter of Transfer, Persons competent to
Transfer, Kinds of property - movable and immovable property - tangible and intangible
property.

General principles of transfer of property whether movable or immovable – What may be

transferred; Oral Transfer, Transfer for the benefit of Unborn Person, Rule Against
Perpetuity, Vested and Contingent Interests, Conditional Transfer, Nemodat quad non
habet and its exceptions, Doctrine of Election; Apportionment, Transfer of Property by
Ostensible Owner (Section 41), Transfer by unauthorized Person who subsequently
acquires Interest in Property Transferred, Transfer by One Co-owner, Joint Transfer for
consideration, Priority of Rights created by Transfer, Improvement made by Bonafide
Purchaser, Fraudulent Transfer, Doctrine of LisPendens, Doctrine of Part-Performance.
UNIT - II: SPECIFIC TRANSFERS OF IMMOVABLE PROPERTIES
A. Transfer of Absolute Interest
1. Sale: Definition - Kinds of Sale - Rights and Liabilities of Seller and Buyer
2. Gift: Definition - Onerous Gift - Universal Donee – Death Bed Gift - Modes for
Suspension and Revocation of Gift.
3. Exchange: Definition and Distinction between Sale and Exchange
B. Transfer of Limited Interest
1. Mortgage: Meaning - Kinds of Mortgages - Redemption - Rights and Liabilities of
Mortgagor and Mortgagee - Doctrine of Marshalling - Subrogation.
2. Charge
3. Lease: Meaning - Rights and Liabilities of Lessor and Lessee - Determination of Lease
- Holding Over
4. Actionable Claims
UNIT – III: INDIAN EASEMENTS ACT
Definition – Acquisition and Transfer of Easement - Easement of Necessity & Quasi
Easements - Easement by Prescription - Extinction, Suspension and Revival of
Easements - Difference between Easement and License.

UNIT – IV: INDIAN TRUST ACT

Definition of Author, Trustee and Beneficiary – Rights, Powers Duties and Disability of
the Trustee - Rights and Liability of the Beneficiary - Extinction of Trusts

UNIT - V: RECORDATION OF PROPERTY RIGHTS - REGISTRATION ACT

AND STAMP ACT
Laws Relating to Registration of Documents Affecting Property Relations; Investigation
of Title to the Property – Encumbrance Certificates; Law Relating to Stamp Duties –
Effects of Non Payment of Stamp Duty – Inadmissibility and Impounding of Instruments.
Statutory Materials:
 Transfer of Property Act, 1882
 Easements Act, 1882
 Indian Registration Act, 1908
 Indian Stamp Act, 1899
 Indian Trusts Act, 1882

Books Prescribed :
1. Vepa P. Sarathi : Law of Transfer of Property Act

2. Dr. Avtar Singh : The Transfer of Property Act

3. Justice P. S. Narayana : Transfer of Property Act

4. Shah : Principles of Transfer

5. G.C.V. Subba Rao : Law of Property

Books for Reference :

1. Mulla - Transfer of Property

2. Mitra B.B. - Transfer of Property
3. Goyle - Transfer of Property
4. Krishna Menon - Transfer of Property
5. Dr. Sir H. S. Gour - Commentary on Transfer of Property Act
6. Khatiar - Law of Easements

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