Property Law and Easement
Savitribai Phule Pune University · LL.B. Semester 5 · LCC 0901
Unit 1 — Concepts, Meaning and types of Properties (Sections 1 to 9 of the T.P. Act,
1882) : · 1. Meaning of property · 2. Kinds of property - Movable and immovable, tangible and intangible, existing and future, real and personal · 3. Doctrine of notice · 4. Meaning and Definition Transfer of Property, · 5. Properties which may be transferred · 6. Essentials of a valid transfer of property · 7. Operation and method of transfer property · 8. Procedural perspective for transfer of property
Unit 2 — General Principles Relating to Transfer of Property (Sections 10 to 37) :
1. Conditions restraining alienation · 2. Transfers to unborn persons · 3. Rule against perpetuity and direction for accumulation · 4. Vested and contingent interests · 5. Conditions precedent and subsequent, conditional transfers · 6. Doctrine of Election and Apportionment
Unit 3 — General Principles Relating to Transfer of Immovable Property (Sections 38 to 53A) :
1. Doctrine of holding out · 2. Feeding the grant by estoppel · 3. Transfer Lis pendens · 4. Fraudulent transfer · 5. Doctrine of part performance
Unit 4 — Sales and Exchanges (Sections 54 to 57 and 118 to 121) :
1. Meaning and definition of Sale and Exchange · 2. Distinction between sale and Exchange · 3. Essentials of a valid sale, Parties to a sale, Formalities · 4. Distinction between Sale and contract for sale · 5. Registration of a contract for sale and effect of non-registration, · 6. Rights and liabilities of a buyer and seller · 7. Discharge for encumbrances on sale · 8. Exchange, Rights and liabilities of parties to exchange The Indian Registration Act, 1908 (Section 17, 18 & 49): · 1. Documents of which registration is compulsory · 2. Documents of which registration is optional · 3. Effect of non-registration of documents required to be registered
Unit 5 — Mortgages (Sections 58 to 98) :
1. Definition of mortgage - Types of mortgages, Mortgagor, Mortgagee, Mortgage money, · 2. Essentials of a valid mortgage and Formalities · 3. Distinction between charge, mortgage, pledge, hypothecation and other security interests over property · 4. Rights and liabilities of a mortgagor and mortgage · 5. Doctrine of substituted security · 6. Charge of immovable property · 7. Marshalling
Unit 6 — Leases (Sections 105 to 117) :
1. Definition of lease, Lessor, lessee, premium and rent, Kinds of leases · 2. Essentials of a valid lease and Formalities · 3. Rights and liabilities of the lessee and Lessor · 4. Term and determination of lease · 5. Forfeiture and relief against forfeiture · 6. Leases for agricultural purposes · 7. Distinction between lease under the Transfer of Property Act, 1982 and the Maharashtra Rent Control Act, 1999
Unit 7 — Gift and Transfers of Actionable Claims (Sections 122 to 129 and 3, 130 to
137) : · 1. Definitions of Gift, Donor and Donee · 2. Essentials of a valid gift, Revocation of gifts · 3. Distinction between property and donatio mortis causa and gifts under Mohammedan law · 4. Actionable claims : · a) Definition, Formalities, and their importance in commercial transactions · b) Requirement of notice to debtor, and effect of notice · c) Rights and liabilities of transferor and transferee
Unit 8 — Law of Easements (Sections 1 to 51 of the Easement Act, 1882) and Law of Licenses (Sections 52 to 64 of the Easement Act, 1882) :
1. Definitions and Types of easements · 2. Creation, acquisition and transfer of Easements · 3. Rights, duties and liabilities of dominant and servant owners · 4. Remedies for disturbance of easements · 5. Extinction, Suspension and revival of easements · 6. Definition of License, Essentials of a license, kind and Formalities · 7. Transfer of license · 8. Death of licensor or licensee · 9. Rights of licensee on revocation and eviction · 10. Distinction between leases and license