THE LAW RELATING TO TRANSFER OF PROPERTY AND EASEMENT
Mohanlal Sukhadia University · LL.B. Semester 2 · 7003
Unit 1 — Preliminary
Definition- Immobable Property, Attestation, Notice Essentials of Transfer, Competence of Parties, Subject matter of transfer, Registration of Transfer
Unit 2 — General Rules of Transfer
(A) Restraint on alienation - absolute or partial, Restraint of free enjoyment, Covenants affecting enjoyment, divesting on insolvency, perpetuities, Future estates · (B) Transfer to unborn person, Rule against perpetuity · (C) Accumulation of income, exceptions Covenants and Transfers · (D) Conditional Transfer - Condition Precedent, Condition subsequent, Vested and contingent interest.
Unit 3
Priority of rights - Doctrine of Election (S 35), Transfer of property out of which maintenance claims have to be met (S 39), Ownership by holding out - Ostensible Owner - Implied transfers by limited owners (S 41), Ownership by estoppels - Feeding the grant by estoppel- Transfer by Unauthorised person who subsewuently acquires interest in property acquired (S43), Doctrine of Lis Pendens - Transfer of Property pending suit (S 52), Fraudulent Transfer (S 53), Doctrine of Part Performance (S 53A)
Unit 4 — Mortgage and Charge
Kinds of Mortgage, Rights and Liabilities of Mortgagor and Mortgagee, Priority - Marshalling, Contribution & Subrogation, Charge, Difference between Mortgage and Charge
Unit 5
Sale, Exchange, Actionable Claims - Essentials, Rights and Liabilities of Parties, Modes of Transfer
Unit 6
Lease - Essentials, Duration of Leases, Modes of Leases, Rights and liabilities of Lessor and Lessee, Determination, Forfeiture, Notice to quit and Notice of Forfeiture and their Waiver, Tenant by Holding Out Gift - Essentials, Onerous Gift, Universal Donee
Unit 6 (second, as printed)
Law Relating to Registration of Property - The Registration Act 1908
- 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 7
INDIAN EASMENT ACT,1882 Easements, Essentials of Easements, Imposition Acquisition, Incidents Disturbance, Extinction, Suspension and Revival of Easement, Licence, Difference between Lease and Licence.