Property Law

Dr. Harisingh Gour Vishwavidyalaya · LL.B. Semester 4 · LAW-CC-414

Unit I — Jurisprudential Concept of Property

Concept and Meaning of Property. · Kinds of Property. · Possession and ownership as man – property relationship · 2. Transfer of Property Act, 1882 · Scope and objectives of the Act · General principles of transfer of property. · Interpretation Clause · Moveable and Immoveable Property · Attestation · Notice · Registration as Constructive Notice · Actual Possession as Constructive Notice · Notice to Agent · Meaning of Transfer of property. · What may be Transferred · Persons Competent to Transfer · Operation of Transfer · Methods of Transfer · Conditions Restraining Alienation · Restrictions Repugnant to the Interest Created · Condition Making Interest Determinable on Insolvency or Attempted Alienation · Transfer for the Benefit of Unborn Persons · Rule Against Perpetuity · Transfer to a Class · Transfer to Take Effect on Failure of Prior Interest · Direction for Accumulation of Income · Accumulations for the Benefit to Public

Unit II — Transfer of Property Act, 1882

Vested and Contingent interest · When Unborn Person Acquires Vested Interest on Transfer for his Benefit · Transfer to Members of a Class who Attain a Particular Age · Transfer Contingent on Happening of Specified Uncertain Event · Transfer to Such of Certain Persons as Survive at Some Period not Specified · Conditional Transfer · Transfers with Fulfillment of Condition Precedent · Conditional Transfer to One Person Coupled with Transfer to Another on Failure of Prior Disposition · Ulterior Transfer Conditional on Happening or not Happening of Specified Event · Fulfillment of Condition Subsequent · Prior Disposition not Affected by Invalidity of Ulterior Disposition · Condition that Transfer Shall Cease to Have Effect in Case Specified Uncertain Even Happens or Does not Happen · Such Condition Must not be Invalid · Transfer Conditional on Performance of Act, no Time Being Specified · Election · Apportionment · Apportionment of Benefit of Obligation On Severance

Unit III — Transfer of Property Act, 1882 - Transfer of Immovable Property

Transfer Authorized only under Certain Circumstances to Transfer · Transfer where the Third Party is Entitled to Maintenance · Burden of Obligation Imposing Restriction on Use of Land Obligations Annexed to Ownership but not Amounting to Interest or Easements · Transfer by Ostensible Owner · Transfer by Person having Authority to Revoke Former Transfer · Un - authorized person Subsequently Acquiring Interest in the Transferred Property · Transfer by One Co-owner · Joint Transfer for Consideration · Transfer for Consideration by Persons having Distinct Interests · Transfer by Co-owners of Share in Common Property · Priority of Rights Created by Transfer · Transferee’s Rights under Policy · Rent Bona Fide Paid to; the Holder under Defective Title · Improvement made by Bona Fide Holders under Defective Title · Transfer of Property Pending Suit Relating thereto · Transfer to Defeat or Delay Creditors · Doctrine of Part Performance

Unit IV — Transfer of Property Act,1882

Of Specific transfers. · Sale · Mortgage · Charges · Lease · Exchange · Gift · Actionable claims

Unit V — Easements

Nature, Characteristics and extinction · Creation of easements. · Licences · 2. Registration Act, 1908 · Registrable Documents related to immoveable property. · Documents of which registration is optional. · Documents of which registration is compulsory. · Exemption of leases and mortgages in favour of land development bank from registration. · Place for registering documents relating to land. · 3. Indian Stamp Act,1899 · Of the liability of instruments to duty. · Duties by whom payable. · Effect of not duly stamping instruments.