Semester- IV

Syllabus - Law of Transfer of Property

Course Teachers: Dr. Kiran Kori, Ms. Balwinder Kaur & Mr. Shyamtanu Paul

Session Jan.-Apr. 2014

Introduction & Objective of the Course:

The course on property law conventionally deals with the Transfer of Property Act, 1882, which
mainly governs the transfer of property between two living persons. The Act refers to certain
kinds of transfer of property, such as sale of property, lease or renting of property, mortgage of
property, gifting property and exchange of property. Apart from these, there are certain other
transactions which resemble transfer of property, though they do not actually amount to a
transfer such as partition, availing paying guest accommodation, creation of a charge etc. More
than a century has elapsed since the passing of the Act and far reaching changes have occurred in
the field of property laws owing to altered social conditions. The obsolescence of the Transfer of
Property Act can be best illustrated by citing the provisions relating to leases on immovable
properties. The provisions relating to leases under the Act are not applicable to agricultural
leases; and even with respect to urban immovable property, the provisions are not applicable to
the most dominant type, namely, housing under the rent control legislation.

MODULE I: HISTORICAL BACKGROUND & GENERAL INTRODUCTION

A: Meaning and Definition of Property &Transfer of Property

B: Interpretation of-
i. Movable & Immovable Property
ii. Instrument
iii. Attestation
iv. Registration
v. Attached to earth
vi. Actionable claim
vii. Notice

MODULE II: GENERAL PRINCIPLES OF TRANSFER OF PROPERTY

A: Transfer of property, whether movable or immovable

i. Movable and Immovable property

ii. Transfer of property- meaning and elements
iii. What kinds of property can be transferred
 iv. Restrictions on alienation of property
v. Restrictions on enjoyment of property
vi. Transfer to unborn person
vii. Rule against perpetuity
viii. Vested and contingent interests
ix. Conditional transfers
x. Ulterior transfer
xi. Doctrine of election
xii. Rule relating to apportionment

B. Transfer of immovable property

i. Doctrine of holding out

ii. Feeding the grant by estoppel
iii. Dotrine of priority
iv. Transfer lis pendens
v. Fraudulent transfer
vi. Doctrine of part performance

MODULE III: SPECIFIC TRANSACTIONS

A: Sale

i. Meaning and essentials

ii. Rights and liabilities of buyer and seller
iii. Marshalling by subsequent purchaser

B: Mortgage

i. Meaning, essentials and kinds of mortgage

ii. Right to redeem
iii. Right to foreclosure or sale
iv. doctrine of priority
v. Doctrine of marshalling and contribution
vi. Doctrine of subrogation
vii. Charges

C: Lease

i. Meaning and essentials

ii. Determination of Lease
iii.

D: Gifts-
 i. meaning and essentials
ii. Gift how made
iii. Onerous Gift
iv. Universal Donee

REFERENCES:

Prescribed Legislation: Transfer of Property Act, 1882.

Prescribed Books:

H. S. Gaur’s Commentary of Transfer of Property Act.

G.C.V. Subbarao’s Commentary on Transfer of Property Act.

Mulla, Transfer of Property Act.

R.K.Sinha, The Transfer of Property Act.