Law of Property and Easement
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 7 · LAIGTT4N
Unit I — Concept of Property and Legal Theories
Meaning and classification of property: Movable, Immovable, Tangible, Intangible · Intellectual Property: Patents, Copyrights, Trademarks, Designs · Concept of Possession: Essentials, kinds, and modes of transfer · Concept of Ownership: Rights, incidents, and modes of acquisition · Distinction between Possession and Ownership
Unit II — General Principles of Transfer of Property
Definition of Transfer of Property · Essentials and scope of valid transfer · Kinds of interest: Vested and Contingent Interests · Conditional transfers · Doctrines affecting transfer: · Doctrine of Election (Section 35) · Transfer by Ostensible Owner (Section 41) · Feeding the Grant by Estoppel (Section 43) · Lis Pendens (Section 52) · Fraudulent Transfers (Section 53) · Part Performance (Section 53A) · Improvements by Bonafide Purchaser (Section 51)
Unit III — Transfer of Absolute Interest – Sale and Gift
A. Sale · Definition and essentials under Section 54 · Rights and Liabilities of Buyer and Seller · B. Gift · Essentials of a valid gift (Section 122) · Onerous Gifts and Universal Donee (Sections 127–128) · Death-bed Gifts (Donatio Mortis Causa) · Suspension and revocation of gifts · C. Exchange · Definition and essentials · Distinction between Exchange, Sale, and Gift
Unit IV — Transfer of Limited Interest – Mortgage
Definition and essentials of Mortgage (Section 58) · Kinds of Mortgage: Simple, Usufructuary, Conditional Sale, English, Equitable, Anomalous · Rights and Liabilities of Mortgagor and Mortgagee · Right of Redemption and Clog on Redemption · Partial Redemption · Doctrines: Consolidation, Marshalling, Contribution, Subrogation
Unit V — Transfer of Limited Interest – Lease, Charge and Actionable Claims
A. Lease · Definition and essentials (Section 105) · Rights and liabilities of Lessor and Lessee · Determination of Lease (Section 111) · Doctrine of Holding Over · B. Charge · Meaning, creation, and legal implications (Section 100) · C. Actionable Claims · Definition and scope (Section 3 of TPA & Section 130 of Transfer of Actionable Claims)
Unit VI — Law of Easements and Licenses (Indian Easements Act, 1882)
Definition and nature of Easement · Types: Easement of Necessity, Quasi-Easements, and Prescription · Modes of acquisition · Extinction, suspension, and revival of easements · Concept of License and its revocability · Distinction between Easement and License
Unit VII — Law of Registration (Registration Act, 1908)
Purpose and importance of Registration · Registrable documents (Sections 17–18) · Time and place of registration (Sections 23–30) · Presentation of documents · Duties and powers of Registering Officers · Refusal to register, enforcement of appearance · Fees, penalties, and consequences of non-registration
- Documents of which registration is compulsory [Section 17]
- Documents of which registration is optional [Section 18]
- Time for presenting documents [Section 23]
- Provision where delay in presentation is unavoidable [Section 25]
- Time from which registered document operates [Section 47]
- Effect of non-registration of documents required to be registered [Section 49]
Unit VIII — Law Relating to Stamps (Indian Stamp Act, 1899) and Registration of Wills
A. Stamp Act · Definitions and objectives · Adjudication of proper stamp duty · Instruments not duly stamped and their consequences · Allowances for spoiled stamps · Offences and penalties · Reference and Revision · B. Registration of Wills and Authorities to Adopt · Procedure for presenting and depositing Wills · Legal effects of registration and non-registration of Wills