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meaning and definition of property Jurisprudence of Property Right to Property -Art 300 A of Constitution (Art 19(1)(f) repealed by 44th Amend. 1978) Kinds of Property- movable and immovable, corporeal and incorporeal, tangible, and intangible · Interpretation of concepts of instrument,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
- Indian Easements Act, 1882
- 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 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