Law of Transfer of Property
Maharashtra National Law University, Aurangabad · LL.B. Semester 4
Unit I — Meaning, Concept and Definition of Property
Meaning, concept and definition of Property, Kinds of Property, Distinction between Movable and Immovable Property, Doctrine of Fixtures, Tangible and Intangible Property, Possession, Ownership and disposition of Property.
Unit II — Meaning of Transfer of Property
Meaning of ‘Transfer of Property’ under the Act, Transfer intervivos, living person distinguished from juristic person. Status of partition of joint family property. What kind of Property cannot be transferred? General principles of transfer of property, What kinds of property can be transferred?, Transfer of “Spes Succession”, Transfer by heir apparent, Chance of a relation obtaining a legacy on the death of a kinsman, Status of a bonafide transferee for consideration and without notice.
Unit III — General Principles Relating to Transfer of Property Under The Act.
Conditional transfers, Definition and distinction between Vested and contingent interests, Condition precedent and condition subsequent, Transfer to unborn person and rule against perpetuity, Doctrine of Election, Covenants and transfer by ostensible owner, Doctrine of feeding the grant by estoppels, Doctrine of acquiescence, Doctrine of list pendens, Fraudulent Transfer, Doctrine of Part- Performance .
Unit IV — Law Relating to Specific Transfers of Property, Sale
Sale of Immovable Property, Definition of Sale, Contract for Sale, Agreement to Sale, Rights and liabilities of buyer and Seller, Rights and Duties of Seller.
Unit V — Mortgage and Charges
Definition of Mortgage, Kinds of Mortgage, Rights of redemption of mortgagor, Rights to foreclosure, Subrogation, Marshaling and Contribution, Meaning and Definition of Charges, Requisites of Charges, Difference between mortgage and Charge
Unit VI — Lease and Exchanges
Definition of Lease, Difference between leases and licence, Mode of creation and determination of the lease, Kinds of the lease, Exchange and its essentials, Deprived of thing, received in exchange, Rights and liabilities of parties.
Unit VII — Gifts and Actionable Claims
Definition and essentials of gift, Suspension and revocation of gift, onerous gift, Universal donoee, Donata mortis causa, Transfer of Actionable claim, Liabilities of transferee of Actionable Claim
Unit VIII — Indian Easement Act, 1882
Definition and essential feature of the easement, Kinds of easement, Acquisition and imposition of the easement, Rights similar to the easement, Classification of Easement, Extinction, Suspension and revival of easement and licenses,