3-Year LL.B. · Semester III

III: Paper-II : Law of Property

Structured subject study centre with syllabus, unit-wise notes, quick references, important statutes and charts.

Subject introduction

Law of Property: This course provides a comprehensive study of the rules and doctrines governing the transfer and enjoyment of property in India, primarily rooted in the Transfer of Property Act. It covers critical legal mechanisms including valid transfers, conditional conveyances, vested versus contingent interests, sales, mortgages, leases, exchanges, gifts, and easements, as well as testamentary succession through wills.

Syllabus

PAPER - II

LAW OF PROPERTY

Unit-I: Meaning and concept of property, Kinds of property, Transfer of property, Transferable and non-transferable property, Who can transfer, Operation of transfer, Mode of transfer, Conditional transfer, Void and unlawful conditions, Condition precedent and condition subsequent, Vested and contingent interest, Transfer to unborn persons.
Unit-II: Doctrine of Election, Covenants, Transfer by ostensible owner, Doctrine of Feeding the Grant by Estoppels, Doctrine of Lis Pendens, Fraudulent Transfer, Doctrine of Part-performance.
Unit-III: Sale - Essential features, Mode of Sale, Rights and liabilities of parties, Mortgage - Kinds of Mortgages, Rights and liabilities of mortgagor and mortgagee, Marshalling and Contribution, Charges.
Unit-IV: Lease - Essential features, Kinds of leases, Rights and liabilities of lessor and lessee, Termination of lease, forfeiture, Exchange, Gifts - Different types of gifts, Registration of Gifts, Transfer of Actionable Claims.
Unit-V: Easements - Definition of easement, Distinction between Lease and License, Dominant and Servient Tenements, Acquisition of property through testamentary succession, Will, Codicil, Capacity to execute Will, Nature of bequests, Executors of Will, Rights and Obligations of Legatees.
Suggested Readings:
1. Mulla: Transfer of Property, Butterworth's Publications.
2. Subba Rao GCV: Commentaries on the Transfer of Property Act.
3. Krishna Menon: Law of Property.
4. Upadhyaya's Common Matrix of Transfer of Property.
5. Avatar Singh, Textbook on the Transfer of Property Act, Universal Law Publishing Company.