Transfer of Property Act

Semester-IV, B.A.LL.B.(Hons.)

As we know that property has been one of the fundamental elements of socio-economic life since
very beginning. It is a bundle of rights in a thing or land which has gradually been given a wider
meaning to include every kind of proprietary or quasi-proprietary claims, such as shares in a
limited company, sale of property, lease or renting of property, mortgage on another’s land, gifting
property and exchange of property including intellectual property e.g., copyrights, patents, etc.
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, family settlement, availing paying guest
accommodation, creation of a charge etc.. As a result of this the High Courts and Supreme Court
are facing a high volume of property litigation. All this has increased the importance of Property
Law given in the Transfer of Property Act, 1882.

The Transfer of Property Act, 1882 broadly deals with the transfer inter vivos of immovable
properties albeit some of its provisions are also applicable to the transfer of movable properties.
This Act was enacted to provide a definite and uniform statutory law governing transfer of
immovable properties in India.

Module I: Historical Background & General Introduction

A: Meaning and Definition of Property.

B: Definition and Concept of Following Terms:

i. Movable & Immovable Property

ii. Instrument
iii. Attestation
iv. Registration
v. Actionable claim
vi. Notice

Module II: Transfer of Property and General Rules regarding Transfer of Property

i. Transfer of Property- Meaning and Elements

ii. Transferability and non-transferability of Property
iii. Restrictions on Alienation of Property
iv. Restrictions on Enjoyment of Property
v. Transfer to Unborn Person
vi. Rule against Perpetuity
vii. Vested and Contingent Interests
viii. Transfers with Conditions
ix. Doctrine of Election
x. Apportionment of property

Cases referred:
 a. Prem Nath Khanna vs State of Orrisa (2011 Orrisa HC)
b. Jugal Kishore Saraf vs Raw cotton Mills ( 1955 SC)
c. Mohar Singh (Dead By Lrs.) vs Devi Charan & Others (1988 SC)
d. V N Sarin vs Major Ajit Kumar Poplai (1965 SC)
e. Roshan Lal vs Resham Lal (P&H HC 2005)
f. Sadhu madho das vs Pandit Mukund ram (1955 SC)
g. C Beepathuma vs Vela Shankaranarayana Kadambolithaya (1965 SC 241)

Module III: Transfer of immovable property

i. Transfer by Ostensible Owner

ii. Feeding the Grant by Estoppel
iii. Doctrine of Lis Pendens
iv. Concept of Fraudulent Transfer
v. Doctrine of Part Performance

Cases referred:

a. Gurbaksh Singh vs Nikka Singh

b. Hardev Singh vs Gurmail Singh

Module IV: Sale of Immovable Property

i. Meaning and Essentials

ii. Rights and Liabilities of Buyer and Seller
iii. Marshalling by Subsequent Purchaser

Cases referred:

Subramaniyan (Died) v Venkatachalam Pillai (2011 Madras HC)

Asha M Jain v The Canara Bank &ors (2011 Delhi HC)

Module V: Mortgage

i. Meaning, Essentials and Kinds of Mortgage

ii. Redemption of Mortgage
iii. Foreclosure of mortgage
iv. Doctrine of Marshalling and Contribution
v. Doctrine of Subrogation

Case referred:

State of Haryana vs Navir Singh (2008 SC)

Manjabai Krishna Patil (D) by LRs vs Raghunath Revaji Patil and Anr (2007 SC)
Module VI: Lease

i. Meaning and Essentials

ii. Determination of Lease
iii. Rights and Liabilities of Lessor and Lessee

Cases referred:

Anthony v K. C. Ittoop and Sons and others (2000 SC)

M/S Payal Vision Ltd vs Radhika Chaudhary (2011 SC)

Module VII: Gifts

i. Meaning and Essentials of Gift

ii. Transfer how effected
iii. Onerous Gift
iv. Universal Donee

Cases referred:

K. Balakrishnan vs. K.Kamalam (2004 SC)

Renikuntla Rajamma (D) By Lr vs K.Sarwanamma (2014 SC)

References:
Prescribed Legislation:
The Transfer of Property Act, 1882.
Prescribed Books:
i. H. S. Gaur’s Commentary of Transfer of Property Act.
ii. G.C.V. Subbarao’s Commentary on Transfer of Property Act.
iii. Mulla’s Transfer of Property Act.
iv. Dr. Poonam Pradhan Saxena’s The Transfer of Property Act.
v. V.P. Sarathi’s Law of Transfer of Property.