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    Transfer of Property PDF

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    khadija khan
    This document provides an overview of the 5th semester course "Law on Transfer of Property" at Jamia Hamdard School of Law. The course aims to teach students the fundamentals of property law and the various modes of acquiring property rights. It will be assessed through an end of semester exam worth 75% and various internal assessments worth 25%. The course is divided into 5 units covering general principles of property transfer, rules of estoppel, transfer of absolute and limited interests, and the Indian Easements Act.

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    Transfer of Property PDF

    Uploaded by

    khadija khan
    74 views2 pages
    This document provides an overview of the 5th semester course "Law on Transfer of Property" at Jamia Hamdard School of Law. The course aims to teach students the fundamentals of property law and the various modes of acquiring property rights. It will be assessed through an end of semester exam worth 75% and various internal assessments worth 25%. The course is divided into 5 units covering general principles of property transfer, rules of estoppel, transfer of absolute and limited interests, and the Indian Easements Act.

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    TRANSFER OF PROPERTY Pdf

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    This document provides an overview of the 5th semester course "Law on Transfer of Property" at Jamia Hamdard School of Law. The course aims to teach students the fundamentals of property law and the various modes of acquiring property rights. It will be assessed through an end of semester exam worth 75% and various internal assessments worth 25%. The course is divided into 5 units covering general principles of property transfer, rules of estoppel, transfer of absolute and limited interests, and the Indian Easements Act.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    74 views2 pages

    Transfer of Property PDF

    Uploaded by

    khadija khan
    This document provides an overview of the 5th semester course "Law on Transfer of Property" at Jamia Hamdard School of Law. The course aims to teach students the fundamentals of property law and the various modes of acquiring property rights. It will be assessed through an end of semester exam worth 75% and various internal assessments worth 25%. The course is divided into 5 units covering general principles of property transfer, rules of estoppel, transfer of absolute and limited interests, and the Indian Easements Act.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    School of Law, HILSR

    Jamia Hamdard

    Course Syllabus

    Course Overview:

    Course Title: Law on Transfer of Property

    Course Code: BALLB –505

    Semester: 5TH

    Credits: 4

    Medium of Instruction/Assessment: English

    Objectives of the Course:

    The institution of property is age old concept of society. The right to property is not only a
    constitutional right but has also come to be recognized as a human right. Variety of rights and
    obligations has been attached to the concept of property which is dealt by various laws in all
    legal systems. It is incumbent on law student to know the fundamentals of property laws, the
    various modes of acquiring rights in the property and kinds of interests in the property. This
    course is intended to teach the basics of property law and its jurisprudence.

    Assessment and Evaluation:

    The course has a weightage of 100 marks. 75 % of the marks will be covered by the End
    Semester Examination; while as 25 % will constitute internal assessment to be done by the
    concerned instructor.
    (A) End Semester Examination: There shall be ten questions in the Question paper with two
    from each unit. Students shall have to answer five questions in all selecting one from each
    unit.
    (B) Internal Assessment: Students will be assessed and evaluated by the concerned teacher
    during the entire semester at regular intervals. This will be done by employing a wide range
    of methods including written tests, tutorials, term paper writing, presentations etc.
    Attendance of the students will also form a part of the internal assessment.

    Course Outline:

    The course is based on five units.

    1
    UNIT I -GENERAL PRINCIPLES OF TRANSFER OF PROPERTY

    Definition of transfer of property- difference between transfer and contract- Kinds of interest -
    Conditional transfer -Property of any kind may be transferred - Condition restraining enjoyment-
    Transfer to an Unborn child- Rule against perpetuity- Class Transfer- Doctrine of Accumulation-
    Fulfillment of Condition precedent (Doctrine of Cypress)- Fulfillment of Condition Subsequent –
    Doctrine of Acceleration – Covenant Rule in Tulk V Moxhay.

    UNIT II -RULE OF ESTOPPEL

    Bonafide Holder under defective title- Doctrine of election – Ostensible owner – Feeding the
    grant by Estoppel – Lis pendens – Fraudulent Transfer - Part Performance.

    UNIT III - TRANSFER OF ABSOLUTE INTEREST

    Sale – Definition, difference between sale and contract of sale, rights and liabilities of seller and
    buyer before and after completion of sale -Exchange: Definition and mode Actionable Claims-
    Gifts: Scope- meaning- mode of transfer- universal gifts- onerous gifts.

    UNIT IV - TRANSFER OF LIMITED INTEREST

    Mortgages of Immovable property: Definition- Kinds of mortgages and their features Rights and
    liabilities of mortgagor and mortgagee- Priority of securities- Doctrine of Marshalling and
    Contribution- Charges- Lease of immovable property: Definition Scope- creation of lease-
    Rights and liabilities of lessor and lessee- Determination and holding over.

    UNIT V– EASEMENT ACT. Creation of Easements -Nature and characteristics of Easements -


    Extinction of Easements- Riparian rights - Licenses.

    SUUGESTED READINGS:

    1. G. Sanjiva Row : The Transfer of Property Act.


    2. Vepa P. Sarathi : Law of Transfer of Property Act.
    3. G.P. Tripathi : Transfer of Property Act.
    4. Mulla - Transfer of Property.
    5. W.Friedmann - Law in a changing society.

    STATUTORY MATERIAL:

    Transfer of Property Act,


    1882 Indian Easements Act,1882

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