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    5-Year LLB - Law of Property

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    5-Year LLB - Law of Property

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    5-Year LLB - Law of Property

    Uploaded by

    praakhar.dev

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 7

    FIVE-YEAR INTEGRATED LAW COURSE

    BA LL.B. (Hons.) and BBA LL.B. (Hons.)

    III Semester

    Law of Property

    FACULTY OF LAW
    UNIVERSITY OF DELHI
    Law of Property
    Course Credits: 6

    Before the advent of the British, each community in India was governed by its
    respective customary law in matters relating to the transfer of property. With the
    establishment of the formal litigative system and in the absence of any legislation
    in this area, to begin with, the English judges applied the common law of England
    and the rules of equity, justice and good conscience with respect to disputes
    relating to transfer of property. The unsuitability of these provisions to the Indian
    conditions; the resulting conflict and the need for clarity of rules relating to this
    important branch of law necessitated the enactment of legislation. Drafted in 1870,
    the Transfer of Property Act saw the light of the day in 1882 and provided the
    basic principles for transfer of both movable and immovable properties. Based
    primarily on the English law of ‘Real Property’, it attempted to mould these
    principles to suit the Indian conditions; but certain provisions of the Act remained
    inapplicable to Hindus and Muslims, to start with. In order to put at rest the
    confusion created by the conflicting decisions and extend the application of the Act
    in totality to Hindus, the Transfer of Property Act, 1882 was amended in 1929.
    However, till date, the provisions of Chapter II of the Act that are inconsistent with
    the Quranic laws are inapplicable to Muslims. Moreover, a separate enactment
    titled the ‘Sale of Goods Act, 1930’ was passed to deal with the transfer of
    movable property by sale.

    The Transfer of Property Act, 1882 contains the general principles of transfer of
    property and detailed rules with respect to specific transfer of immovable property
    by sale, exchange, mortgage, lease and gift. The present course will cover a study
    of important terms relevant to transfer of property, meaning of ‘transfer’ under the
    Act, general principles relating to transfer of property and definitions and rules
    relating to specific transfers of immovable properties by mortgage, lease and gift.

    Prescribed Legislation:

    The Transfer of Property Act, 1882.

    Prescribed Books:

    1. Poonam Pradhan Saxena (Rev.), Mulla’s The Transfer of Property Act (11th
    ed. 2012)

    2. Poonam Pradhan Saxena, ‘Property and Easement’, Halsbury Laws of India;


    Vol. 12 (2002).

    3. Poonam Pradhan Saxena, Property Law (2nd ed. 2011)


    4. Vepa. P. Sarathi (Rev.) G.C.V. Subba Rao’s Law of Transfer of Property
    (3rd ed., 2002)

    5. Sen Gupta (Rev.), Mitra’s Transfer of Property Act (18th ed., 2004)

    6. S.M. Lahiri, Transfer of Property Act (10th ed., 1986)

    Topic 1 - Concept of Property: Section 3


    1. Concept of Property
    2. Definition of immovable Property
    3. Distinction between Immovable and movable Property
    4. Doctrine of fixture
    5. Profits à prendre

    1. Shantabai v. State of Bombay, AIR 1958 SC 532 : (1959) SCR 265


    2. State of Orissa v. Titaghur Paper Mills Company Limited, AIR 1985 SC
    1293 : (1985) Supp SCC 280
    3. Bamdev Panigrahi v. Monorama Raj, AIR 1974 AP 226
    4. Duncans Industries Ltd. v. State of U.P. (2000)1 SCC 633
    5. Ananda Behera And Another v. The State Of Orissa And Another AIR
    1956 SC 17

    Topic 2 - Attestation (Section 3)


    1. Significance of Attestation
    2. Requisites of a Valid Attestation
    3. Modes of attestation
    4. Attestation by a Pardanashin woman

    1. Kumar Harish Chandra Singh Deo v. Bansidhar Mohanty, AIR 1965 SC


    1738, (1966) 1 SCR 153 42 M.L .
    2. Abdul Jabbar Sahib v. H. Venkata Sastri, AIR 1969 SC 1147, (1969) 1
    SCC 573
    3. Padarath Halwai v. Ram Narain, AIR 1915 PC 21

    Topic 4 - Meaning of Transfer of Property (Section 5)


    1. Meaning of ‘Transfer of Property’ under the Act;
    2. Concept of “transfer intervivos”;
    3. Living person distinguished from juristic person;
    4. Status of partition of Joint Family Property
    1. V.N. Sarin v. Ajit Kumar Poplai, AIR 1966 SC 432, (1966) 1 SCR 349
    2. Kenneth Solomon v. Dan Singh Bawa, AIR 1986 Del 1
    3. Mohar Singh v. Devi Charan, AIR 1988 SC 1365, (1988) 3 SCC 63
    4. N. Ramaiah v. Nagaraj S, AIR 2001 Kant. 395

    Topic 5 – Non-transferable Property: (Sections. 6(a) and 43)


    1. Doctrine of spes successionis
    (i) Chance of an heir apparent succeeding to an estate,
    (ii) chance of relation of training a Legacy on the death of a kinsman
    (iii) Any other mere possibility of a like nature.
    2. Fraudulent or erroneous unauthorized transfers
    3. Doctrine of “Feeding the grant by estoppel”; Bonafide transferee

    1. Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847


    2. Kartar Singh v. Harbans Kaur (1994) 4 SCC 730
    3. Shehammal v. Hasan Khani Rawther & Ors, AIR 2011 SC 3609.

    Topic 6 - Conditional Transfer (Sections 10 and 11)


    1. Condition restraining alienation
    2. Types of restraints: Absolute Restraints, Partial Restraints
    3. Exceptions to the restraints: Lease, Married Woman
    4. Restriction Repugnant to interest created
    5. Positive and Negative covenants
    6. Difference between Section 10 and Section 11

    1. Rosher v. Rosher (1884) 26 Ch D 801


    2. Muhammad Raza v. Abbas Bandi Bibi, (1932) I.A. 236
    3. Manohar Shivram Swami v. Mahadeo Guruling Swamy, AIR 1988 Bom
    116
    4. Zoroastrian Co-operative Housing Society Ltd. v. District Registrar, Co-
    op. Societies (Urban) (2005) 5 SCC 632
    5. K. Muniswamy v. K. Venkataswamy, AIR 2001 Kant. 246
    6. Tulk v. Moxhay (1848) 2 Ch. 774
    7. Sridhar v. N. Revanna on 11 February, AIR 2020 SUPREME COURT
    82
    Topic 7 - Transfer for the benefit of unborn persons (Sections 13-18)
    1. Necessary Conditions for the Transfer for the benefit of unborn persons
    a. Prior Life Interest
    b. Only Absolute Interest may be transferred
    2. Rule against perpetuity; Period of perpetuity; Rule of possible and actual
    events;
    3. Transfer to a class; Transfer when prior interest fails; Directions for
    accumulation
    of income; Exceptions.

    1. Ram Newaz v. Nankoo, AIR 1926 All 283


    2. Ram Baran v. Ram Mohit, Hazra AIR 1967 SC 744, (1967) 1 SCR 293
    3. R. Kempraj v. Burton Son & Co, AIR 1970 SC 1872, (1969) 2 SCC
    594
    4. F.M. Devaru Ganapati Bhat v. Prabhakar Ganapathi Bhat, AIR 2004
    SUPREME COURT 2665

    Topic 8 - Vested and Contingent interests (Sections. 19 and 21)


    1. Definition of and distinction between vested and contingent interests
    1. Rajeh Kanta Roy v. Shanti Debi, AIR 1957 SC 255:1957 SCR 77

    Topic 9 - Transfer during pendency of litigation (Section. 52)


    1. Concept of “Lis Pendens”,
    2. Condition required for applicability of doctrine of Lis Pendens:
    I. Meaning of proceedings
    II. Commencement and conclusion of suits
    III. Collusive suits
    IV. Specific rights in specific immovable property
    3. Voluntary and involuntary alienations

    1. Jayaram Mudaliar v. Ayyaswamy, AIR 1973 SC 569: (1972) 2 SCC 200


    2. Supreme General Films Exchange Ltd v. Maharaja Sir Brijnath Singhji
    Deo, AIR 1975 SC 1810 : (1975) 2 SCC 530
    3. Govinda Pillai Gopala Pillai v. Aiyyappan Krishnan, AIR 1957 Ker. 10
    4. Sri Jagannath Mahaprabhu v. Pravat Chandra Chatterjee, AIR 1992 Ori.
    47 154
    5. Dalip Kaur v. Jeewan Ram, AIR 1996 P & H 158 159
    6. Amit Kumar Shaw v. Farida Khatoon, (2005) 11 SCC 403

    Topic 10 - Mortgage (Secs. 58-60, 100)


    1. Mortgage: definition, Kinds and modes of execution of mortgages
    2. Redemption and Foreclosure of mortgages; Clog on equity of redemption;
    3. Distinction between mortgage and charge

    1. Ganga Dhar v. Shankar Lal, AIR 1958 SC 770


    2. Pomal Kanji Govindji v. Vrajlal Karsandas Purohit, AIR 1989 SC 436 :
    (1989) 1 SCC 458
    3. Shivdev Singh v. Sucha Singh, AIR 2000 SC 1935 : 179 (2000) 4 SCC
    326
    4. Sangar Gagu Dhula v. Shah Laxmiben Tejshi, AIR 2001 Guj. 329

    Topic 11 – Exchange (Sections 118-121)


    1. Doctrine of exchange
    2. Essentials of a valid Exchange:
    1. Mutual Transfer of Property
    2. Neither thing or both things, so exchanged can be money
    3. The manner is such as is prescribed by the Transfer of Property Act.

    1. CIT, Hyderabad v. M/s. Motors and General stores, 1967, SCR(3)876.


    2. Ram Kristo Mandal and Anr. v. Dhankisto Mandal, AIR 1969 S.C. 204.

    Topic 12 - Gift (Sections. 122-129)


    1. Gift: Parties to a gift, Essential elements, Acceptance of a gift, Modes of
    execution of a gift.
    2. Suspension or revocation of gift
    3. Onerous gift
    4. Universal donee

    1. Tila Bewa v. Mana Bewa, AIR 1962 Ori. 130 236


    2. Kartari v. Kewal Krishan, AIR 1972 HP 117 240
    3. Sridhar vs N. Revanna, AIR 2020 SC 824
    Readings:
    1. Alison Clarke and Paul Kohler, Property: Commentary & Materials,
    Cambridge University Press, 2005: Chapter 2 & 3 (On Concept of
    Property) (Mandatory Reading)
    2. Samantha Hepburn, Principles of Property Law, Cavendish Publication
    2001: Chapter 1 (On Concept of Property) (Suggestive Reading)
    3. Jukka Gronow, ‘John Locke, Adam Smith and Karl Marx’s Critique of
    Private Property’, Brill, 2016. (On Concept of Property) (Suggestive
    Reading)
    4. John E. Cribbet et al., Property Cases and Materials, 9 th Edition -
    Foundation Press, Chapters 1-4 (On Concept of Property) (Mandatory
    Reading)
    5. Richard Gibbard, A Witness to History: Attesting Document in
    Lockdown, Field fisher, March 27, 2020 (Available at:
    https://www.fieldfisher.com/en/insights/a-witness-to-history-attesting-
    documents-in-lockdown)
    6. Berg, Alan, ‘Clogs on the Equity of Redemption – Or Chaining the
    Unruly Dog’ (2002) Journal of Business Law335
    7. Jadon, Manvendra. (2017). Comparing The Incomparable: A Critical
    Analysis of The Classification of Property In 'Movable' Or 'Immovable'
    With Respect To The Indian Context And Resolving The Conundrum.
    (Available at
    https://www.researchgate.net/publication/345943383_Comparing_The_I
    ncomparable_A_Critical_Analysis_Of_The_Classification_Of_Property
    _In_'Movable'_Or_'Immovable'_With_Respect_To_The_Indian_Context
    _And_Resolving_The_Conundrum)

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