Property Law

Unit I — THE TRANSFER OF PROPERTY ACT, 1882

1.1 Concept and Kinds of Property · 1.2 Concept of Immovable Property under T.P. Act, General Clauses Act, and Registration Act. · 1.3 Definition of Transfer of Property (sec. 5 ) · 1.4 Test of Transfer- Whether family settlement, compromise, partition, surrender, release, relinquishment and charge amount to transfer. · 1.5 Definition of Actionable Claims

• Kinds of property — movable and immovable Definitions
• General principles of transfer of property
• Actionable Claims [Sections 130 — 137]

Unit II — GENERAL PRINCIPLES OF TRANSFER OF PROPERTY

2.1 General rules of Transferability of Property (Sec. 6) · 2.2 Competency of Parties to transfer and Effect of transfer (Sec. 7-8) · 2.3 Restrictive Conditions about the alienation of Property (Sec. 10-12) · 2.4 Transfer for the benefit of Unborn Person and Rule against Perpetuity (Sec. 13-14) · 2.5 Directions for Accumulation (Sec. 17)

• General principles of transfer of property

Unit III — EQUITABLE PRINCIPLES OF TRANSFER OF PROPERTY

3.1 Kinds of Interest – Vested Interest and Contingent Interest (Sec.19-21) · 3.2 Conditional Transfer (Sec.25- 29) · 3.3 Doctrine of Election (Sec.35) · 3.4 Doctrine of Lis Pendense (Sec.52) · 3.5 Doctrine of Part-Performance (Sec.53A) · 3.6 Transfer by Ostensible Owner and Fraudulent Transfers (Sec.41 and 53)

• General principles of transfer of property

Unit IV — MODES OF TRANSFER OF OWNERSHIP

4.1 Definition and Essentials of Valid Sale (Sec.54) Rights and liabilities of buyer and seller (Sec.55). · 4.2 Exchange of property (Sec.118) · 4.3 Definition and essentials of Gift (Sec.122) Revocation of gift (Sec.126) Onerous gift (Sec.127) and Universal Donee (Sec.128)

• Sale [Sections 54 — 57]
• Exchange [Sections 118 — 121]
• Gift [Section 122 — 129]

Unit V — MODES OF TRANSFER OF POSSESSION

5.1 Definition and Kinds of Mortgage (Sec.58) · 5.2 Rights and Liabilities of Mortgagor and Mortgagee (Sec. 60-77) Doctrine of Redemption (Sec.91) · 5.3 Definition and Essentials of Lease (Sec.105) Rights and Liabilities of Lessor and Lessee (Sec.108) Determination of Lease (Sec.111) · 5.4 Transfer of Actionable Claim (Sec.130- 132)

• Mortgage and Charge [Sections 58 — 104]
• Lease [Sections 105 — 117]
• Actionable Claims [Sections 130 — 137]

Unit VI — EASEMENT AND LICENSE

6.1 Concept, Definition and Classification of Easements (Sec. 4-7) · 6.2 Imposition and Acquisition of Easement (Sec.8-18) · 6.3 Extinction of Easement (Sec.37-48) · 6.4 Definition and Characteristics of License (Sec. 52) · 6.5 Revocation and deemed revocation of License (Sec.60 to 62)

• Indian Easements Act, 1882

Unit VII — THE MAHARASHTRA OWNERSHIP OF APARTMENT ACT, 1970

7.1 Applicability of the Act. · 7.2 Definition, Status and Ownership of Apartment (Sec.3-5) · 7.3 Definition and Status of Common Areas and Facilities (Sec.3 and 6) · 7.4 Contents of Deed of Apartment and Deed or Declaration (Sec.11 and 13) · 7.5 Bye-Laws and its content (Sec.16)

Unit VIII — THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT 2016

8.1 Provisions about registration of Real Estate Project (Sec. 3-7) · 8.2 Functions and Duties of Promoter (Sec. 11-18) · 8.3 Composition, Powers and Functions Real Estate Regulatory Authority (Sec. 20-21, 34-38) · 8.4 Composition and powers of the Appellate Tribunal (Sec. 43, 45, 53-54) · 8.5 Offences, Penalties (Sec. 59-68)