Transfer of Property

Hidayatullah National Law University · LL.B. Semester 6 · LLB-C-606

Unit I — HISTORICAL BACKGROUND AND RULES REGARDING TRANSFER OF PROPERTY

History, meaning and definition of property Jurisprudence of Property Right to Property -Art 300 A of Constitution (Art 19(1)(f) repealed by 44th Amend. 1978) Kinds of Property- movable and immovable, corporeal and incorporeal, tangible, and intangible · Interpretation of concepts of instrument, attestation, registration, actionable claim, notice · Rules regarding transfer of property (Sec. 5-37) Definition of Transfer of Property What properties can be transferred Condition restraining alienation of property Transfer for the benefit of unborn person Rule against perpetuity with its exception u/s 18 (public interest) Vested and contingent interest Doctrine of Election Rule of Apportionment · Rules regarding transfer of immovable property (Sec 38-53A) Transfer by Ostensible owner (nemo dot quod non habet) along with Prohibition of Benami Property Transactions Act 1988 (as amended in 2016) Transfer by Unauthorized person (Doctrine of feeding the Grant by Estoppel) Doctrine of priority Doctrine of Lis Pendens Fraudulent Transfer Part Performance

Unit II — SALE OF IMMOVABLE PROPERTY

Definition of sale · Contract for sale- process involved in sale · Rights and liabilities of buyer and seller · Marshalling of property by subsequent purchaser

Unit III — MORTGAGE

Meaning · Rights and liabilities of Mortgagor and Mortgagee Redemption versus Foreclosure or Sale · Doctrine of Marshalling Doctrine of Contribution Doctrine of Subrogation · Charges

Unit IV — LEASE, GIFTS & EXCHANGE OF IMMOVABLE PROPERTY

Lease- Meaning and · Difference between Lease and License · Gifts- meaning and essential Parties to Gift Onerous Gift and Universal Donee Donation Mortis Causa · Exchange of Property Rights and liabilities of parties to exchange Challenges to Transfer of Property

Unit V — NEXUS OF TRANSFER OF PROPERTY WITH EASEMENTS, TRUSTS, AND WILLS

Easementary Rights- creation, suspension, extinction and revival · Trust- meaning, creation and nexus with transfer of property · Stamp Fee and Registration · Testamentary instruments versus non-testamentary instruments (Legacy, Wills, Proof of Wills) Challenges relating to property Adverse possession Power of Attorney

Unit VI — MISCELLANEOUS LAWS RELATING TO REAL ESTATES

Concepts of Estate and Real Estate Regulation of Real Estate- RERA Act- An Overview · Model Tenancy Law- An Overview