Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 74 views

    Property LAW: DR Ruchi Lal

    Uploaded by

    vaishnavi
    This document provides an overview of property law in India. It discusses key concepts like ownership, possession, enjoyment and alienation of property. It categorizes property as movable and immovable, corporeal and incorporeal. The relevance of distinguishing between movable and immovable property for acts like the Transfer of Property Act is explained. Different modes of transfer for movable and immovable property are also outlined, as well as legislation governing property transfers. The historical background and key terms in the preamble of the Transfer of Property Act, 1882 are defined.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Property LAW: DR Ruchi Lal

    Uploaded by

    vaishnavi
    74 views11 pages
    This document provides an overview of property law in India. It discusses key concepts like ownership, possession, enjoyment and alienation of property. It categorizes property as movable and immovable, corporeal and incorporeal. The relevance of distinguishing between movable and immovable property for acts like the Transfer of Property Act is explained. Different modes of transfer for movable and immovable property are also outlined, as well as legislation governing property transfers. The historical background and key terms in the preamble of the Transfer of Property Act, 1882 are defined.

    Original Description:

    Original Title

    file_1642403806_0007730_Introduction

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document provides an overview of property law in India. It discusses key concepts like ownership, possession, enjoyment and alienation of property. It categorizes property as movable and immovable, corporeal and incorporeal. The relevance of distinguishing between movable and immovable property for acts like the Transfer of Property Act is explained. Different modes of transfer for movable and immovable property are also outlined, as well as legislation governing property transfers. The historical background and key terms in the preamble of the Transfer of Property Act, 1882 are defined.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    74 views11 pages

    Property LAW: DR Ruchi Lal

    Uploaded by

    vaishnavi
    This document provides an overview of property law in India. It discusses key concepts like ownership, possession, enjoyment and alienation of property. It categorizes property as movable and immovable, corporeal and incorporeal. The relevance of distinguishing between movable and immovable property for acts like the Transfer of Property Act is explained. Different modes of transfer for movable and immovable property are also outlined, as well as legislation governing property transfers. The historical background and key terms in the preamble of the Transfer of Property Act, 1882 are defined.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 11

    PROPERTY

    LAW

    By
    Dr Ruchi Lal
    Life, liberty, and property do not exist because men
    have made laws. On the contrary, it was the fact that
    life, liberty, and property existed beforehand that
    caused men to make laws in the first place.
    ~ Frederic Bastiatist
    Overview of the Syllabus

    Legislations Covered-
    ◼ Transfer of Property Act, 1882

    ◼ Indian Easement Act,1882

    ◼ Indian Stamp Act, 1899

    ◼ Indian Registration Act,1902


    Property- Bundle of Rights

    Categories of rights in property-


    Concept of Ownership

    Property Possession

    Enjoyment

    Alienation
    Types of Property-
    Immovable &
    Movable
    Types of
    Property
    ◼ Corporeal Property- Movable & Immovable
    ◼ Incorporeal Property- Intangible property
    ◼ Intangible property-

    Jura in re propria Over Material Jura in re Aliena


    things (for example patents, encumbrances, whether over
    copyrights, trademarks etc) material or immaterial things, for
    example, Lease, mortgage etc.
    Relevance for Studying the
    Distinction Between Movable(MP)
    and Immovable Property(IP)

    ◼ General rules of TPA are


    applicable to both MP/IP, but it
    governs transfer of specific IP
    only.
    ◼ Difference in Procedural
    formalities.
    ◼ Transfer of IP attracts the
    provision of Stamp Duty Act.
    ◼ Different time stipulated in law
    of limitation for filling a suit
    incase of disputes pertaining
    to MP/IP.
    Mode of Transfer

    ◼ MP: Delivery of
    possession
    ◼ IP- Written,
    attested &
    registered
    instrument.
    Transfer of Movable and Immovable Property

    Transfer of
    Transfer of
    Immovable
    Movable Property-
    Property- Transfer
    Sales of Goods
    of Property Act,
    Act,1930
    1882
    Transfer of Property Act,1882
    ◼ Historical background of the Act.

    ◼ Preamble - An Act to define and amend the law relating to


    the transfer of property by act of parties.

    ◼ Key terms in Preamble- Amend, transfer of property and


    Act of parties.
    Analysis of Preamble

    • By Act of Parties eg.


    Transfer of Sale, Gift, TPA is
    Property Mortgage, etc. Applicable

    • By Operation of Law
    Transfer of eg. Intestate TPA is not
    Applicable
    Property succession, auction
    sale, etc.

    You might also like