Property Law

By | August 15, 2018
Property Law Notes

Property Law – The Transfer of Property Act came into existence in 1882. Before that, the transfer of immovable property was governed by principles of English law and equity. The preamble of Act sets out the objectives of the legislation. Scope of this Act is limited. It applies only to transfer by the act of parties and not by operation of law. Also, this Act deals with a transfer of property inter vivos, i.e., a transfer between living persons. It contains the transfer of both movable and immovable property but a major portion of the enactment is applicable to the transfers of immovable properties only. The Act is not exhaustive.

Unit 1: CONCEPT OF PROPERTY AND GENERAL PRINCIPLES REGARDING TRANSFER OF PROPERTY

  • Meaning of property, the distinction between movable and immovable property.
  • Definition of transfer of property
  • Transferable property.
  • Restraints on alienation.
  • Transfer to an Unborn Person.
  • Rule against Perpetuity
  • Vested and Contingent interest
  • Conditional transfer.

Unit 2: GENERAL PRINCIPLES GOVERNING TRANSFER OF IMMOVABLE PROPERTY

 Unit 3: SALE

  • Definition of Sale, parties to Sale
  • Right and liabilities of buyer and seller
  • Encumbrances and court sale.

 Unit 4: MORTGAGE

  • Definition and kinds of Mortgage
  • Rights and liabilities of Mortgagor and Mortgagee
  • Marshalling, Contribution and Subrogation
  • Charge

 Unit 5: LEASE

  • Definition of lease, lease how made.
  • Rights and liabilities of lessor and lessee.
  • Determination of lease.
  • Concept of Easement.
  • Difference between Lease and License.

Unit 6: GIFT

  • Definition of Gift, kinds of gift.
  • Universal Donee.
  • Concept of exchange.

Important articles and study material on Property Law – Click on the link to Read

  1. TPA – Introduction and Important Definitions
  2. Immovable property – concept and definition
  3. Transfer of Property – Meaning and Types
  4. Restraints on Transfer – Section 10
  5. Doctrine of Lis Pendens
  6. Doctrine of Part Performance
  7. Right of Redemption
  8. Sale Of Immovable Property
  9. Duration of Lease u/s 106 of The Transfer of Property Act, 1882

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