PAPER-2.3 TRANSFER OF PROPERTY LAW (ACT OF 1882) AND THE INDIAN EASEMENTS ACT, 1882 (Question-Answer Series) सम्पति अंतरण अधिनियम 1882 & भारतीय सुखाधिकार अधिनियम

PAPER-2.3 TRANSFER OF PROPERTY LAW (ACT OF 1882) AND THE INDIAN EASEMENTS ACT, 1882 (Question-Answer Series) H 

सम्पति अंतरण अधिनियम 1882 & भारतीय सुखाधिकार अधिनियम

The book prepared according to following syllabus Question-Answer Format in Hindi Medium. 

PAPER 2.3. TRANSFER OF PROPERTY LAW (ACT OF 1882) AND THE INDIAN EASEMENTS ACT, 1882

SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from each unit. The candidate is required to attempt five questions, one question from each unit is compulsory. All questions carry equal marks. (2) The prescribed syllabus includes latest amendments and relevant judgments in the subject wherever applicable.

OBJECTIVES OF THE COURSE: The focus of this course in on the study of the concept of ‗Property‘, the ‗Nature of Property Rights‘ and the general principles governing the Transfer of Property. A detailed study of the substantive law relating to particular transfers, such as sale, mortgage, lease, exchange, gift and actionable claims will also be undertaken. The course is designed to enable the students to understand the basic philosophy of property law and its nuances. The course also includes an exposure to the concept of Easements and its practical application.

UNIT - I

Concepts, Meaning and Types of Properties (Sections 1 to 4 of the Transfer of Property Act, 1882):

Meaning of Property; Kinds of Property; Role of Property Rights in Social and Economic Development; Doctrine of Notice; Transfer of Property by act of Parties (Sections 5 to 9): Meaning and Definition; Transfer of Property, Properties which may be Transferred; Essentials of a Valid Transfer of Property; Operation and Method of Transfer of Property; Procedural perspective for Transfer of Property; Effect of Non-Payment of Stamp Duty and Non-Registration; Judicial Responses

UNIT - II

General Principles Relating to Transfer of Property (Sections 10 to 37):

Conditions Restraining Alienation, Enjoyment, Defeating Insolvency or Assignability; Transfers to Unborn Persons; Rule Against Perpetuity and Accumulation of Income; Vested and Contingent Interests; Conditions Precedent and Subsequent, Conditional Transfers; Doctrine of Election and Apportionment; Transfer of Immovable Property (Sections 38 to 53A): Doctrine of Holding Out; Feeding the Grant by Estoppel; Doctrine of Priority; Transfer Lis Pendens; Fraudulent Transfer; Doctrine of Part- Performance; Judicial Responses

UNIT - III

Sale and Exchange (Sections 54 to 57 and 118 to 121):

Meaning and Definition of Sale and Exchange; Distinction Between Sale and Exchange; Essentials of a Valid Sale, Distinction between Sale and Contract For Sale; Registration and Effect of Non-Registration; Rights and Liabilities of a Buyer and Seller; Discharge for Encumbrances on Sale; Exchange, Rights and Liabilities of Parties Mortgages and Charges (Sections 58 to 104): Definition of Mortgage: Types of Mortgages; Essentials of a Valid Mortgage and Formalities; Distinction between Charge, Mortgage, Pledge, Hypothecation; Rights, Duties and Liabilities of a Mortgagor and Mortgagee; Charge of Immovable Property; Marshalling; Mortgagee‘s and Charge-Holder‘s Rights and Remedies under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 UNIT - IV Lease(Sections 105 to 117): Definition of Lease, Kinds of Leases, Premium and Rent; Essentials of a Valid Lease and Formalities; Rights Duties and Liabilities of the Lessee and Lessor; Term and Determination of Lease; Forfeiture and Relief Against Forfeiture; Leases for Agricultural Purposes; Gift and Transfers of Actionable Claims (Sections 122 to 129 and 3, 130 to137): Definitions of Gift, Essentials of a Valid Gift, Revocation of Gifts; Distinction Between Property and Donatio Mortis Causa and Gifts under Mohammedan Law; Actionable Claims: Definition, Formalities, and Their Importance in Commercial Transactions; Notice; Rights and Liabilities of Transferor and Transferee ]

UNIT - V

Law of Easements (Sections 1 to 51 of the Easement Act, 1882):

Definitions and Types of Easements; Essentials for Creation and Acquisition of Easements, Dominant and Servient Owners and Heritages, Grant, Custom, Necessity, Quasi-necessity, Prescription; Rights, Duties and Liabilities of Dominant and Servant Owners; Remedies for Disturbance of Easements; Extinction of Easements, Suspension and Revival of Easements; Licenses (Sections 52 to 64 of the Easement Act, 1882):Definition of License, Essentials of a License, Kind and Formalities; Transfer of License, Transfer of Grantor‘s Interest; Death of Licensor or Licensee; Rights, Duties and Liabilities of Licensee, Revocable and Irrevocable License; Rights of Licensee on Revocation and Eviction; Distinction between Lease and License ]

LEADING CASES:

1) Apollo Zipper India Limited v. W. Newman & Company Limited 6 SCC 765 2018

2) Associated Hostels of India Ltd. v. R.N. Kapoor, AIR 1959 SC 1262 

3) F.M. Devaru Ganapathi Bhat v. Prabhakar Ganapathi Bhat, (2004) 2 SCC 504 

4) J.N. Rao v. V. G. Bassarayappa, AIR 1956 SC 727. 

5) M. L. Abdul Jabbar v. H. Venkata Sastri and Sons, AIR 1969 SC 1147

6) Om Prakash& Another v. MishriLal (Dead) represented by his L.R. Savitri Devi AIR 2017 SC1597.

7) R. Kempraj v. M/S. Barton Son & Co. AIR 1970 SC 1872, 1970 SCR (2) 140

8) Rambhau Namdeo Gajre v. Narayan Bapuji Dhotra 2004 (8) SCC 614

9) Sridhar &Anr. v. N. Revanna & Ors. Civil Appeal No.1209 of 2020(arising out of SLP (C) No. 7493 of 2014) SC 2020. 10) Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana &Anr. Special Leave Petition (C) No.13917 of 2009.