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F01 (C)
IssueNo.04 Rev. No 5 Dated: July 27, 2017
UNIVERSITY OF PETROLEUM & ENERGY STUDIES
College of Legal Studies
Dehradun
COURSE PLAN
Programme B. TECH. (ET), LL.B. (Hons.) IPR/ BBA, LLB (Hons.) Corporate Laws/
B.Com, LL.B (Hons) Taxation Laws/ BA. LLB (Hons.) Energy Laws
Semester V/IX
Batch 2015-2020
No. of credits 4
Approved By
_______________________ ______________________
HOD Dean
Subject: Property Law including Transfer of Course: B. TECH. (ET), LL.B. (Hons.) IPR/
Property and Easement Act BBA,LLB(Hons.) Corporate Laws/
B.Com,LL.B (Hons) Taxation Laws/
BA.,LLB(Hons.) Energy Laws
A. COURSE OUTCOME :
1. Understanding the basic concept and nature of Properties; inter vivos transfers under the Transfer
of Property Act,1882.
2. Analyzing and rationalizing various basic modes of alienation.
3. Interpret the conceptual basis of legal principles with comparative analysis.
4. Understanding the concept, creation and scope of easement.
MODULE IV:
Lease & License
Charges
Gift
Exchange
MODULE V : EASEMENTS
Creation of Easements
Nature and Characteristics of Easements.
Doctrine of prescription
Extinction, Suspension and Revival of Easements, Riparian Rights
C.PEDAGOGY
College of Legal Studies August- December 2017
Interactive approach shall be followed during the study. (Students are supposed to come prepared for
the topics for discussion in the class/ case studies/ Presentations/ Viva-voce)
Work in small groups for Group Projects and personalized teaching
(Student counseling, tutoring, and individual/group projects/ assignments, exercises)
Lecture
Presentations
Case studies
Examples
Assignments
Group Discussion
Lectures: 4 h/week;
Total hours per week: 4 contact hours per week would be used. Extra classes would be held as per the
requirement for problem-solving exercises, clearing doubts and guiding assignments.
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description Weight age Schedule:-
Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following 5 components:
a. Two class tests/snap-test/quiz 20 Marks [02 X10 Marks]
b. Assignment 20 Marks
c. Project work 20 Marks (Abstract, final draft and Viva)
d. Subject grand viva 20 Marks
e. Attendance 20 Marks
Four components will be used for internal assessment for this course (Total 100 marks), the details of each
component is as follows:
a) Home Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand written, to
submit/present on a definite date. The assignment should be attached with the course plan as Annexure-
1 It will have 20% weightage.
b) Projects: Weightage 20 %. Every Group would be asked to prepare a topic from the suggested List
and finally prepare a project in the form of a research article. Students are encouraged to review research
papers and publish them.
c) Class Tests: There will be two class tests which may be surprise tests.it will have 20% weightage.
d) Viva: A viva of the whole syllabus and the project will be conducted towards the end of the semester.
It will have 20% weightage.
e) Attendance: It has 20% weightage. Formula for award of marks on attendance shall be as under:
67-75 % 0 Marks
75-80% 5 Marks
80-85% 10 Marks
85-90% 15 Marks
90%-100% 20 Marks
Student has to secure minimum 40% marks of the highest marks in the class scored by a student in that
subject (in that class/group class) individually in both the End-Semester examination and Total
Marks in order to pass in that paper.
Attendance
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic communication
devices (such as Blackberries/Laptops) are not permitted in classes during Tests or the Mid/Final Examination.
Such devices MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to access the LMS system
regularly. Regularly, important information Date of conducting class tests, guest lectures, syndicate sessions
etc. to the class will be transmitted via e-mail/LMS. The best way to arrange meetings with us or ask specific
questions is by email and prior appointment. All the assignments preferably should be uploaded on LMS.
Various research papers/reference material will be mailed/uploaded on LMS time to time.
SESSI P PADAGOGY
TOPIC READINGS
ON
Introduction to the
course Lecture
Scope of the Act Whiteboard
and discussion Course Plan Examples
1.
about the course Discussion
plan Presentation
Random Questions
Lecture
Property Law by Poonam Pradhan Saxena, Whiteboard
2nd Ed. Ch 1, pg11-26 Examples
Immovable th
Transfer of Property Act, by Mulla,10 Discussion
Property Ed.,pg31-35 Presentation
Important cases Cases:Bamdev Panigrahi v. Monorama Raj, Random Questions
5.
related to AIR 1974 AP 226
property Duncans Industries Ltd. v. State of U.P.
(2000)1 SCC 633
Constructive
Notice Lecture
Registration as Property Law by Poonam Pradhan Saxena, Whiteboard
constructive 2nd Ed. Ch 1, pg35-54 Examples
9. notice Transfer of Property Act, by Mulla,10th Discussion
Actual Ed.,pg38-62 Presentation
possession as Random Questions
constructive
notice
Lecture
Whiteboard
Meaning of Property Law by Poonam Pradhan Saxena,
Examples
Transfer of 2nd Ed. Ch 2, pg57
10. Discussion
Property; Transfer of Property Act, by Mulla,10th Ed.,
Presentation
Ch.2 ,pg69-81
Random Questions
Lecture
Mode of Transfer Whiteboard
Property Law by Poonam Pradhan Saxena,
Operation of 2nd Ed. Ch 2, pg57 Examples
12.
Transfer Discussion
Transfer of Property Act, by Mulla,10th Ed.,
Presentation
Ch.2 ,pg69-81
Random Questions
Lecture
Legal incidents of Whiteboard
Property Law by Poonam Pradhan Saxena,
Transfer Examples
13 2nd Ed. Ch 2, pg57-87
Oral Transfer Transfer of Property Act, by Mulla,10th Ed.,
Discussion
Presentation
Ch.2 ,pg82-121
Random Questions
Condition Lecture
Property Law by Poonam Pradhan Saxena,
14. Restraining Whiteboard
2nd Ed. Ch 2, pg88-102
alienation, Examples
Apportionment
Apportionment
by time Lecture
Apportionment Property Law by Poonam Pradhan Saxena, Whiteboard
by estate 2nd Ed. Ch. 2, pg160-162 Examples
24 Burden of Transfer of Property Act, by Mulla,10th Ed., Discussion
obligation Ch.2 ,pg243-249 Presentation
imposing Random Questions
restriction on
use of land
Internal Assessment-Test 1
Transfer by
Lecture
Ostensible
Property Law by Poonam Pradhan Saxena, Whiteboard
owner
2nd Ed. Ch. 2, pg177-185 Examples
25. Prohibition of th
Transfer of Property Act, by Mulla,10 Ed., Discussion
Benami Ch.2 ,pg272-293 Presentation
Transactions Random Questions
Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
Fraudulent Examples
2nd Ed. Ch. 2, pg245-252
30. Transfer Sec. 53. Discussion
Transfer of Property Act, by Mulla,10th Ed.,
Presentation
Ch.2 ,pg390-411
Random Questions
Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena, Examples
2nd Ed. Ch. 2, pg253-270 Discussion
32. Part Performance
Transfer of Property Act, by Mulla,10th Ed., Presentation
Ch.2 ,pg416-442 Random Questions
Rights and
Lecture
Liabilities of
Whiteboard
Buyer and Property Law by Poonam Pradhan Saxena,
Examples
Seller. 2nd Ed. Ch. 3, pg271-308
34 Discussion
Marshalling by Transfer of Property Act, by Mulla,10th Ed.,
Presentation
subsequent Ch.3 ,pg447-532
Random Questions
purchaser
Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
Mortgages Examples
2nd Ed. Ch. 4, pg311-339
35 Discussion
Kinds of Mortgage Transfer of Property Act, by Mulla,10th Ed., Ch.4
Presentation
,pg549-623
Random Questions
Lecture
Rights and Property Law by Poonam Pradhan Saxena, Whiteboard
Liabilities of the 2nd Ed. Ch. 4, pg343-449 Examples
36
Mortgagor and Transfer of Property Act, by Mulla,10th Ed., Ch.4
Discussion
Mortgagee. ,pg632-795 Presentation
Random Questions
Lease Lecture
Kinds of leases Property Law by Poonam Pradhan Saxena, Whiteboard
39 Rights and 2nd Ed. Ch. 6, pg465-533 Examples
th
liabilities of lessor Transfer of Property Act, by Mulla,10 Ed., Ch.5
Discussion
& lessee ,pg959-1217 Presentation
Random Questions
Termination of Lecture
leases Property Law by Poonam Pradhan Saxena, Whiteboard
Waiver of notice to 2nd Ed. Ch. 6, pg465-533 Examples
40
quit Transfer of Property Act, by Mulla,10th Ed., Ch.5
Discussion
Waiver of ,pg959-1217 Presentation
forfeiture Random Questions
Cases: Associated
Hotels of India v R.N.Kapoor, AIR 1959
SC1262 Lecture
Whiteboard
Lease & Licence
Quality Cut Pieces v M.Laxmi and Co. Examples
41 Cases AIR1986 Bom 359 Discussion
distinguishing Presentation
lease and license
B V Dsouza Antonio Fausto Random Questions
Fernandes,AIR1989 SC 1816
Lecture
Whiteboard
Property Law by Poonam Pradhan Saxena,
Examples
2nd Ed. Ch. 7, pg537-542
42 Exchanges Discussion
Transfer of Property Act, by Mulla,10th Ed., Ch.6
Presentation
,pg1246-1250
Random Questions
Lecture
Gift Whiteboard
Property Law by Poonam Pradhan Saxena,
Transfer how nd Examples
2 Ed. Ch. 8, pg543-562
43 effected Discussion
Transfer of Property Act, by Mulla,10th Ed., Ch.7
Conditional gift ,pg12511288
Presentation
Random Questions
Internal Assessment-Test 2
EASEMENTS
Creation of
Lecture
Easements
Whiteboard
Nature and
Examples
Characteristics of Indian Easement Act,1882
46 Discussion
Easements. Easement Act,by J D.Jain
Presentation
Kinds of Easement Random Questions
Acquisition of
Easement
Incidents of Lecture
Easement Whiteboard
Doctrine of Examples
Indian Easement Act,1882 Discussion
47 prescription
Easement Act, by J D.Jain
Extinction of Presentation
Easement Random Questions
Lecture
Suspension and Whiteboard
Revival of Examples
Indian Easement Act,1882
48 Easements, Discussion
Easement Act, J D.Jain
Licenses Presentation
Random Questions
G. SUGGESTED READINGS:
G :1 TEXTBOOKS:
Poonam Pradhan Saxena, Property Law, Lexis Nexis, Ed.2nd ,2012,Nagpur
Dr. R.K.Sinha, The Transfer of Property Act, CLA, Ed.17th ,2016, Allahabad
T.P Tripathi, The Transfer of Property Act,1882, ALA, 2nd Ed. 2011,Allahabad
Shukla, S N, Transfer of Property Act, Faridabad Allahabad law Agency, 2006
.
G: 2 REFERENCE BOOKS/STATUTES
Bharuka G.C , Mullas Transfer of Property Act 1882 , Lexis Nexis Buttherworths, Ed10th,2006,New
Delhi.
Sarthi, Vepa. P., Transfer of Property , Eastern Book Publication,5th Ed, Lucknow , 2012
8. Lloyds Bank Ltd v P.E Guzder and Co. AIR 1930 Cal 22 1 8
28 Lov Raj Kumar v Major Daya Shankar AIR 1986 Del 364 2 27
(Dr)
Note: For the purpose of any query students may consult their respective faculty in between 03:00-
04:00 PM
G: 4 WEB SOURCES:
www.scconline.com
www.westlawindia.com
http://www.jstor.org/
www.ssrn.org
H. Instructions
a) All students will be divided in groups comprising of 3- 4 students in each.
b) Students are expected to read the concerned sessions contents in advance before coming to the class.
c) The session will be made interactive through active participation from students. The entire session will
be conducted through question-answer, reflections, discussion, current practices, examples, problem
solving activities and presentations etc.
d) In the case study session all students are expected to prepare their analysis and answers/decisions in
their respective groups. Any group may be asked to present their views and defend the same.
e) All schedules/announcements must be strictly adhered to.
f) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared to appear
for the viva and strictly appear on given time, otherwise, he/she will loose the marks.
g) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.
h) The instructor shall be available for doubt clearing and academic discussion during 3.00 to 4.00
Pm on all working days.
SEMESTER V
SESSION: AUG-DEC
ASSIGNMENT 1
FOR
Property Law Including Transfer of Property
And Easement Act
(LLBL 402 )
Under the Supervision of: Manisha Madhav/Dr. Shikha Dimri
NAME: _______________________
SAP NO: _______________________
ROLL NO: -------------------------------------
Q. N0.6 Explain Doctrine of Part Performance and state the differences between English law and
Indian law with regard to doctrine of Part-Performance.
Q. N0.7 Define Mortgage and discuss various kinds of Mortgages contemplated u/s 58 of the
Transfer of Property Act, 1882
1. Q. N0.8. Section 5 of TPA provides for transfer inter vivos whereas the law also provides for transfer
in favour of an unborn person. How can a valid transfer be made in favour of an unborn person.
Explain.
Q. N0.9 Explain the doctrine of election as provided for in S. 35 of TPA with illustration.
Read the case Case / problem and answer the following questions:
10. A purchased from B by means of a registered sale deed a house for Rs. 50 lacs. Before purchase A has inspected
the house and saw that the house has 6 ceiling fans and also a booster pump. When A took the possession of
the house, he noticed that B had removed all the fans and the pump. B informed A that he had sold only the
house but not the fans and pumps. A seeks your legal opinion to the matter. Advice A.
11. A, Hindu who has separated from his father B, sells three fields X, Y and Z to C, representing that he is the
owner of the same. Of these fields, Z does not belong to A, it having been retained by B on partition. B dies and
A as heir obtains field Z. C not having rescinded the contract of sale files a suit for the delivery of Z to him. Will
he succeed? Decide with the help of relevant provisions and case law.
Would it make any difference if C had known all along that A was not authorized to transfer Z during Bs lifetime
but had pretended not be aware of the actual stage of affairs? What will be your answer if A after obtaining
field, Z, immediately sells it to D.
12. A contract to sell land to B for Rs. 50000. B paid Rs. 40000 to A. took possession of land and promised to pay
the balance at the time of registration. Afterwards A sold the same to C for Rs. 75000 by means of a registered
sale-deed in favor of C. thereupon C called upon B to vacate the land. Discuss he rights of B and C.
13. A entered into an agreement of Sale of a piece of land with B. B paid the advance and got the possession of the
land. However, A failed to execute the sale deed in Bs favor. B constructed a boundary wall, but this land was
encroached upon by a trespasser. B moved the court seeking a permanent injunction from the court restraining
the trespasser from interfering with his peaceful possession of the property. Whether B was entitled to protect
his possession?
14. A mortgages his house to B subject to the condition that he would not redeem the property for a period
of 10 years. After 10 years, he could redeem the property only within a period of one year failing which
he would lose the right to redeem the property forever. However, if he redeems the property within the
stipulated time, B would have a right to stay in house as a tenant for a period of 25 years. Discuss the
validity of these conditions in the light of Sec. 60 of TPA, 1882.
1. INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
3. Please remember that due to the dynamic and rapidly changing global legal environment and the
continuously realigning geopolitical situation, your answers should capture and depict the current
contemporary information.
4. As a student of Law, we encourage to have a contrary point of view. But do ensure that you can provide
a logical justification to this view supported by verifiable facts, figures, statues and decided cases by
various higher courts.
5. Caution: Remember to provide original answers only as your Assignment submissions will be run
through an anti-plagiarism software (Turnitin).
Annexure-II
4. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the portion of the
/project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration with others.
5. A certificate to the effect that the project work carried out by the student independently or in
collaboration with other student(s) endorsed by the student shall form the part of the submission for
evaluation.
6. Every student who spends a specified period of time in an industry/organization/institute for reasons of
work related to his/her project work, with prior permission from the Coordinator concerned will
explicitly acknowledge working in the relevant industry/organization/institute.
7. All projects submitted by the students will go through the process of plagiarism check through the anti-
plagiarism software (Ternitin). The report produced by the software will necessarily be as per the
standards prescribed by the university. If the report is below standards the supervisor will reject the
project and award zero marks.
Dr. Shikha
Faculty Dimri/Manisha
Name Madhav
Subject LLBL
Code 402
I II Report / Viva
/PPT
10 10
Date of 05th
allotment September
Date of
submission 11th 3rd week 2nd week 15th Nov-21st Nov
16thOctober September September November