LAW OF TRANSFER OF PROPERTY

SESSION 2022-23

Winter Semester

UNDER GRADUATE – V SEMESTER

FACULTY
Mr. Utkarsh Verma

National University of Study and Research in Law

Ranchi, Jharkhand

2022
 LAW OF TRANSFER OF PROPERTY

OBJECTIVES OF THE COURSE

After life and liberty, property has been one of the most sought after facets by the
human civilization. Although debates have been and will also go on as to whom should it
belong to, individual or a society as a whole, it remains to be a significant aspect.

Often perceived as objects on which a person carries certain rights, the concept of property is
not limited to the same. The property actually can be understood as rights with respect to
something which a person due to his legal position is capable of exercising. These things can
be a piece of land or a building or even a car. The proprietary rights related to the thing
concerned makes the things the property of the man.

After the British came in, the earlier practice of customary law for the matters of property
was given up as, the courts started applying the common law of England as well as the
principles of equity, justice and good conscience given there was a legislative void in the
area. Due to the unsuitability of the English experience in the local conditions, need was to
fill this void by a proper legislation, in this case the Transfer of property Act, 1882. After
several amendments and deletions the law stands till date to meet up the requirements of the
disputes related to transfer of property

The objective of the course is to equip the students with the understanding of the concept of
property apart from the legal transactions related to the transfer of it by the act of parties. The
endeavour will be to make them aware with the different dimensions related to transfer of
property. Finally the course will try to make them ready to face the day to day questions on
different platforms regarding the same.

CREDIT HOURS

As per the credit hours allotted to the subject there will be 5 theory classes per week.
Teaching Methodology may include Lecture-cum-case discussion, Assignment/Project and
Presentation/Debate.
 Course Curriculum
Module 1 : Concept of Property: An introduction (Total hours-4)
 Meaning of Property
 Kinds of Property
o Jus in re propria-Jus in re aliena
o Movable-Immovable
o Tangible –Intangible

Reading Material:
Books:
o Dr. [Link], The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012

Module 2. : Concepts and principles of transfer of property (Total hours-14)

 Concepts important to transfer of property
o Scope and object of the Transfer of Property Act, 1882
o Movable and immovable property
o Actionable claim
o Doctrine of notice

 Principles relevant for the Act

o Meaning of transfer of property under the Act.
o What is transferable property under the Act.
o Who is competent to transfer under the Act.

Reading material:

Statutes:

o The Transfer of Property Act,1882

Books:

o Dr. [Link], The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
 o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012

Case laws:

o Shantabai v.. State of Bombay, AIR 1958 SC 532.

o Duncan Industries Ltd. v. State of U.P.
o State of Orissa v. Titaghur Paper Mills Company Ltd., AIR 1985 SC 1293.
o BamdevPanigrahi v. Monoroma Raj, AIR 1974 AP 226.
o Ahmedabad Municipal corporation v. Haji Abdul Gafur Haji Hussenbhai,
AIR1971 SC1201.
o V.N. Sarin v. Ajit Kumar Poplai AIR 1966SC 432: (1996) 1 SCR 349.
o Kenneth Soloman v. Dan Singh Bawa, AIR 1986 Del 1.
o Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847.

Module 3 : Restraints and Conditions of a transfer (Total hours-12)

 Restraints in a transfer
o Absolute and partial restraint- restraint on mode of enjoyment.- condition
making interest determinable.
o Transfer for the benefit of unborn- rule against perpetuity
o Rule against accumulation

 Conditions in a transfer
o Vested interest- contingent interest- conditional transfers
o Doctrine of election

Reading material:

Statutes:

o The Transfer of Property Act,1882

Books:

o Dr. [Link], The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012

Case laws:

o Rosher [Link] (1884) 26 Ch D 801.

o Muhammed Raza v. Abbas Bandi Bibi, (1932) I.A.236.
o Manohar Shivram Swami v. Mahadeo Guruling Swamy, AIR 1988 Bom 116.
o K . Muniswamy v. K. Venkataswamy, AIR 2001 Kant. 246.
 o Tulk v. Moxhay (1948) 2 Ch. 774.
o Kartar Singh v. Harbans Kaur (1994) 4 SCC 730.
o Rajeh Kanta Roy v. Shanti Debi, AIR 1957 SC 255.

Module 4: Transfers by others and other concepts (Total hours-10)

 Transfer by ostensible owner

 Feeding the grant by estopell
 Doctrine of lis pendens
 Fraudulent transfers
 Doctrine of Part performance

Reading material:

Statutes:

o The Transfer of Property Act,1882

Books:

o Dr. [Link], The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012

Case laws:

o Kartar Singh v. Harbans Kaur (1994) 4 SCC 730.

o Jayaram Mudaliar v. Ayyaswamy, AIR 1973 SC 569.
o Dalip Kaur v. Jeewan Ram, AIR 1996 P & H 158.

Module 5: Specific mode of transfers :(Sale) (Total hours-4)

 Sale –contract of sale- contract for sale

 Rights and liabilities of buyer & seller

Reading material:

Statutes:

o The Transfer of Property Act,1882

Books:

o Dr. [Link], The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
 o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012

Module 6: Specific mode of transfers :(Mortgage) (Total hours-6)

 Mortgage- kinds
 Rights and liabilities of mortgagor & mortgagee
 Marshalling, Contribution, Subrogation

Reading Material:

Statutes:

o The Transfer of Property Act,1882

Books:

o Dr. [Link], The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012

Module 7: Specific mode of transfers (Lease) (Total hours-6)

 Lease- Licence
 Duration of leases
 Rights and liabilities of lessor and lesee.
 Determination of lease

Reading material:

Statutes:

o The Transfer of Property Act,1882

Books:

o Dr. [Link], The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012
Module 8: Specific mode of transfers (Exchange, Gift & Actionable Claim)

(Total hours-4)

 Exchange
o Exchange
o Rights and liabilities of parties

 Gift
o Gift
o Suspension and revocation of gifts
o Onerous gifts
o Universal Donee

 Actionable claim

Reading material:

Statutes:

o The Transfer of Property Act,1882

Books:

o Dr. [Link], The Transfer of Property Act, 13th edn., Central Law Agency,
Allahabad, 2013
o Dr. Poonam Pradhan Saxena, Property Law, 2nd edn., Lexis Nexis, Butterworths
Wadhwa,Nagpur, 2012
o Dr. Avatar Singh, Textbook on The Transfer of Property Act, 3rd edn. Universal Law
Publishing Co., New Delhi, 2012

IMPORTANT NOTE:-

 The topics and cases given above are not exhaustive. The teacher teaching the
course shall be at liberty to add/subtract topics/cases.
 The students are required to study the legislations as amended up-to-date
and consult the latest editions of books.