Property Law

University of Calcutta · LL.B. Semester 5

Unit 1 — The Law of Property in India

The Law of Property in India– Meaning and Definition of Property and Transfer of Property- Interpretation of Movable and Immovable Property- Prior to 1882 -Transfer of Property Act, 1882 –Scope and object of the Act –Transfer inter vivos

Unit 2 — The concept of property -movable and immovable property -Things attached to earth -Notice

The concept of property -movable and immovable property -Things attached to earth -Notice- Attestation

Unit 3 — Parties to transfer-Transferable property-Formalities of transfer (Section 59)-Illegal res

Parties to transfer-Transferable property-Formalities of transfer (Section 59)-Illegal restraints (Sections 10 -12, 17, 18)- Conditional transfer-Transfer in favour of unborn person(Section 13)- Rule against perpetuity (Section 14)

Unit 4 — Transfer by ostensible owner (Section 47)-Doctrine of limited owner (Section 38 ) Doctrine

Transfer by ostensible owner (Section 47)-Doctrine of limited owner (Section 38 ) Doctrine of feeding the grant by estoppels (Section 43)- Fraudulent transfer (Section 52) –Doctrine of lispendens (Section 53)-Part performance (Section 53-A)

Unit 5 — Sale -Definition -Mode of transfer by sale -Contract for sale -Rights and liabilities of b

Sale -Definition -Mode of transfer by sale -Contract for sale -Rights and liabilities of buyer and seller-Discharge of encumbrance

Unit 6 — Mortgage-Definition of concepts –Kinds of mortgage-Rights and liabilities–Redemption and f

Mortgage-Definition of concepts –Kinds of mortgage-Rights and liabilities–Redemption and foreclosure -Marshalling and contribution

Unit 7 — Lease -Definition -Kinds of lease -Lease how made-Rights and liabilities of lessor and les

Lease -Definition -Kinds of lease -Lease how made-Rights and liabilities of lessor and lessee- Termination of lease

Unit 8 — Gift and Exchange-Definition -How made and effected -Revocable gifts -Onerous gifts Univer

Gift and Exchange-Definition -How made and effected -Revocable gifts -Onerous gifts Universal donee-Concept of Exchange-Definition of Actionable Claims

Unit 9 — Easement

Easement · Nature of Easements, Creation of Easements- Characteristics and Extinction- Licenses and related Sections of Indian Easements Act · The above issues are to be studied with special reference to the Transfer of Property Act, 1882, and the Indian Easement Act, 1882, and relevant case laws on the subject.