UPES Property Law Course Plan

Format No. QSP/7.1/01.
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
Course Property Law Including Transfer of Property And Easement Act
Semester V/IX
Session August, 2017 to December, 2017
Batch 2015-2020
Subject Code LLBL 402
No. of credits 4
Prepared by Dr. Shikha Dimri and Manisha Madhav
Email mmadhav@ddn.upes.ac.in / shikha@ddn.upes.ac.in
Approved By
_______________________ ______________________
HOD Dean
UPES Campus Tel : +91-135-2770137

Knowledge Acres Fax : +91 135- 27760904
P.O. Kandholi , Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
COURSE PLAN
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
Duration: August 2017 December 2017 Subject code: LLBL 402
A. COURSE OUTCOME :
After completion of the course, students are expected to:
1. Be acquainted with the different modes of Transfer of Property;

2. Be acquainted with various methods of transferring immovable property and the legal requirements for
their alienation.
3. Be acquainted with the general principles involved in transfer of property.
4. Be acquainted with the concept, creation and scope of easement.
B. COURSES INTENDED STUDENT LEARNING OUTCOMES:
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.
The continuous evaluation tools employed are:
1. Quiz/Class Test/ Snap Test (20% weightage)
2. Assignments/Court Room Exercise/ Research Paper/Case (20% weightage)

analysis
3. Project Work Presentation (20% weightage)
4. Subject Grand Viva (20% weightage)
5. Attendance (20% weightage)
College of Legal Studies August- December 2017

B. COURSE OUTLINE
It has 5 modules which are as follows:
MODULE I: JURISPRUDENTIAL CONTOURS OF PROPERTY

Concept and Meaning of Property
Kinds of Property, -
Movable and Immovable Property,
Tangible and Intangible Property,
Transfer of Property by Act of Parties Sec 5-21.
MODULE II: SALE OF IMMOVABLE PROPERTY

Doctrine of Election Sec. 35,
Fraudulent Transfer Sec. 53.
Sale of Immovable Property Secs. 54-55.
Sale, Contract of Sale; Rights and Liabilities of Buyer and Seller.
MODULE III: SPECIFIC TRANSFERS

Kinds of Mortgage
Rights and Liabilities of the Mortgagor and Mortgagee.
Marshalling and Contribution
Redemption
Pledge & Hypothecation
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
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
D. COURSE COMPLETION PLAN
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.
E. EVALUATION & GRADING
Description Weight age Schedule
1. Continuous Assessment 30% Detailed Below
2. Mid term Exam 20% Academic Calendar
3. End term Exam 50% Academic Calendar
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description Weight age Schedule:-
1. Continuous Assessment 30% Detailed Below
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

Formula for attendance marks:
67-76 % 0 Marks
75-80% 5 Marks
80-85% 10 Marks
85-90% 15 Marks
90%-100% 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
Mid- Sem Examination: 20% Weightage

Mid- Sem examination shall be of two hour duration and shall be a combination of Objective, short
theory questions and numerical problems.
End -Sem Examination: 50% Weightage

End-Sem examination shall be of three hours duration. The examination paper shall have objective &
theory questions, short and long numerical problems.
Pass Criterion: minimum 40% of the highest marks in the class
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

Students are required to have minimum attendance of 75% in each subject. Students with less than said
percentage shall NOT be allowed to appear in the end semester examination. The student obtaining 100%
attendance would be given 20% bonus marks for internal assessment.
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.
F. DETAILED SESSION PLAN
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
Internal Assessment- Project

Property Law by Poonam Pradhan Saxena,
Jurisprudential
2nd Ed. Ch 1, pg1-10 Lecture
Contours of
Transfer of Property Act, by Mulla,10th Ed. Whiteboard
Property
Ch1,pg 7-8 Examples
Introduction to
Research Article-Changing Conceptions Discussion
2. Property Law
of Property by Francis S.Philbrick Presentation
Concept and University of Pennsylvania Law Review & Random Questions
Meaning of American Law Register Vol 86 No 7
Property
Kinds of Property,
Interpretation Property Law by Poonam Pradhan Saxena, Lecture
Clause, 2nd Ed. Ch 1, pg11-26 Whiteboard
3. Immovable Transfer of Property Act, by Mulla,10th Examples
Property Ed.,pg16-22 Discussion
Presentation

Research Article - Incomplete property Random Questions
rights, redistribution, and welfare by J.
Atsu Amegashie Available at
http://www.jstor.org/stable/pdfplus/10.2307
/41107903.pdf?acceptTC=true
Case-Shantabai v. State of
Bombay,AIR1958 SC 532 (1959) SCR 265
Property Law by Poonam Pradhan Saxena, Lecture

2nd Ed. Ch 1, pg11-26 Whiteboard
Things attached to
Transfer of Property Act, by Mulla,10th Examples
earth
4. Ed.,pg31-35 Discussion
Law relating to Case: State of Orissa v. Titaghur Paper Presentation
fixtures Mills Company Limited, AIR 1985 SC 1293 Random Questions
: (1985) Supp SCC 280
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

Attestation 2nd Ed. Ch 1, pg26-35 Whiteboard
Objects Transfer of Property Act, by Mulla,10th Examples
6. Modes of Ed.,pg23-29 Discussion
Attestation Presentation
Random Questions
Internal Assessment- Assignment

Lecture
2nd Ed. Ch 1, pg11 Examples
Registration
7. Transfer of Property Act, by Mulla,10th Discussion
Ed.,pg30 Presentation
Random Questions
Notice Property Law by Poonam Pradhan Saxena, Lecture

8.
Kinds of notice 2nd Ed. Ch 1, pg35-54 Whiteboard
Transfer of Property Act, by Mulla,10th Examples
Ed.,pg38-62 Discussion
Presentation
Random Questions
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
What may be Lecture

transferred Whiteboard
Persons Examples
2nd Ed. Ch 2, pg66-87
11. Competent to Discussion
Transfer of Property Act, by Mulla,10th Ed.,
Transfer. Presentation
Ch.2 ,pg69-81
Random Questions
Lecture
Mode of Transfer Whiteboard
Operation of 2nd Ed. Ch 2, pg57 Examples
12.
Transfer Discussion
Presentation
Ch.2 ,pg69-81
Random Questions
Lecture
Legal incidents of Whiteboard
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
14. Restraining Whiteboard
2nd Ed. Ch 2, pg88-102
alienation, Examples

Exceptions Transfer of Property Act, by Mulla,10th Ed., Discussion
Ch.2 ,pg144-155 Presentation
Random Questions
Lecture
Restriction Whiteboard
2nd Ed. Ch 2, pg103-109
repugnant to Examples
15 Interest Created; Discussion
Ch.2 ,pg156-161
Exceptions Presentation
Case:Tulk v Moxhay,(1843-60)All ER 9
Random Questions
Transfer of Property Act, by Mulla,10th Ed., Lecture

Condition making
Ch.2 ,pg162-163 Whiteboard
interest
Property Law by Poonam Pradhan Saxena, Examples
16. determinable on nd
2 Ed. Ch 2, pg110-111 Discussion
insolvency ;
Presentation
Random Questions
Lecture
Whiteboard
Transfer for 2nd Ed. Ch. 2, pg111-116
Examples
17. benefit of unborn Transfer of Property Act, by Mulla,10th Ed.,
Discussion
person Ch.2, pg164-167
Presentation
Random Questions
Rule against
perpetuity: and its
exceptions
2nd Ed. Ch. 2, pg111-116 Whiteboard
Transfer To A
Transfer of Property Act, by Mulla,10th Ed., Examples
Class some of
18 Ch.2 ,pg167-126 Discussion
whom come under
Case:Girjish Dutt v Data Din,AIR1934 Presentation
section 13 & 14
Oudh Random Questions
Transfer to take
effect on failure of
prior interest
Rule against
perpetuity: and its
exceptions Lecture
Transfer To A Property Law by Poonam Pradhan Saxena, Whiteboard
Class some of 2nd Ed. Ch. 2, pg111-116 Examples
19 th
whom come under Transfer of Property Act, by Mulla,10 Ed., Discussion
section 13 & 14 Ch.2 ,pg167-126 Presentation
Transfer to take Random Questions
effect on failure of
prior interest
Direction for Property Law by Poonam Pradhan Saxena, Lecture
accumulation of 2nd Ed. Ch. 2, pg111-116 Whiteboard
20
Income Transfer of Property Act, by Mulla,10th Ed., Examples
Ch.2 ,pg183-188 Discussion

Presentation
Random Questions
Lecture
Vested and nd Whiteboard
2 Ed. Ch. 2, pg133-140
Contingent Examples
21. Transfer of Property Act, by Mulla,10th Ed.,
Interest Discussion
Ch.2 ,pg195-207
Presentation
Random Questions
Conditional
Lecture
Transfer Property Law by Poonam Pradhan Saxena,
Whiteboard
Fulfillment of 2nd Ed. Ch. 2, pg111-116
Examples
22. condition Transfer of Property Act, by Mulla,10th Ed.,
Discussion
precedent Ch.2 ,pg167-232
Presentation
Rule Of Random Questions
Acceleration
Lecture
Doctrine of 2nd Ed. Ch. 2, pg155-159 Examples
23. Election Sec. 35, Transfer of Property Act, by Mulla,10th Ed., Discussion
Ch.2 ,pg234-242 Presentation
Random Questions
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
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
MID TERM EXAMINATION
Transfer by Property Law by Poonam Pradhan Saxena,

26.
unauthorized 2nd Ed. Ch. 2, pg187-206
person who
subsequently
acquires interest in
the property
transferred.
Lecture
2nd Ed. Ch. 2, pg225-244
Transfer of Whiteboard
Property pending Examples
Ch.2 ,pg349-390
27. suit relating Discussion
thereto Presentation
Research Article- Lis Pendens. Effect of
Random Questions
Decree in Lower Court Pending
Proceedings on Appeal
2nd Ed. Ch. 2, pg225-244
Ch.2 ,pg349-390
Lecture
Transfer of Whiteboard
Cases:Amarnath v Deputy Director of
Property pending Examples
Consolidation, Kanpur,AIR1985 All 163
28. suit relating Discussion
thereto Presentation
Govinda Pillai Gopala Pillai v Aiyyappan
Random Questions
Krishnan,AIR 1957 Ker10
Research Article- Lis Pendens. Effect of

Decree in Lower Court Pending
Proceedings on Appeal
Lecture
Whiteboard
Fraudulent Examples
2nd Ed. Ch. 2, pg245-252
29. Transfer Sec. 53. Discussion
Presentation
Ch.2 ,pg390-411
Random Questions
Lecture
Whiteboard
Fraudulent Examples
2nd Ed. Ch. 2, pg245-252
30. Transfer Sec. 53. Discussion
Presentation
Ch.2 ,pg390-411
Random Questions

2nd Ed. Ch. 2, pg253-270 Whiteboard
Transfer of Property Act, by Mulla,10th Ed., Examples
31 Part Performance
Ch.2 ,pg416-442 Discussion
Presentation
Case: Nathulal v Phool Chand,AIR 1970 Random Questions
SC 546
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
Sale of Immovable Lecture

Property Whiteboard
Sale, Contract of Examples
2nd Ed. Ch. 3, pg271-308
33 Sale; Discussion
Mode of Transfer Ch.3 ,pg447-532
Presentation
by sale 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
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

2nd Ed. Ch. 4, pg343-449 Lecture
Rights th
and Transfer of Property Act, by Mulla,10 Ed., Ch.4
Whiteboard
Liabilities of the ,pg632-795 Examples
37
Mortgagor and Discussion
Mortgagee. Research Article- The clog on the equity of Presentation
redemption and its effect on modern real Random Questions
estate finance by Jeffrey l. Licht

2nd Ed. Ch. 4, pg311-339
Transfer of Property Act, by Mulla,10th Ed., Ch.4
,pg549-623
Cases:Seth Ganga Dhar v Shankar Lal,

AIR1958 SC770 SC70
Lecture
Sangar Gagu Dhula v Shah Laxmiben Tejshi. Whiteboard
Redemption
AIR 2001 Guj Examples
38 Pledge & Discussion
Hypothecation Research Article- Presentation
Mortgagees power to sell under Section 69 ofRandom Questions
transfer of property
Act,1882-Halo or Hairshirt?
Clogging the equity of redemption: an

outmoded concept?
By Lindy willmott and bill Duncan
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

2nd Ed. Ch. 6, pg465-533
,pg959-1217
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
Samir Kumar Chatterjee v Hirendra Nath

Ghosh,AIR1992,Cal 129
Delta International Ltd v Shyam Sunder

Ganeriwalla,AIR1999 SC 2607
Lecture
Whiteboard
Examples
2nd Ed. Ch. 7, pg537-542
42 Exchanges Discussion
Presentation
,pg1246-1250
Random Questions
Lecture
Gift Whiteboard
Transfer how nd Examples
2 Ed. Ch. 8, pg543-562
43 effected Discussion
Conditional gift ,pg12511288
Presentation
Random Questions

2nd Ed. Ch. 8, pg543-562
Lecture
,pg12511288 Whiteboard
Revocation
Examples
Onerous gift
44 Cases: Raghunathjee Discussion
Universal donee Maharaj v. Ramesh Chandra,AIR 2001 Presentation
SC 2340 Random Questions
Kamlakanta Mohapatra v Pratap
Chandra Mohapatra AIR 2010 Ori,13

Lecture
Whiteboard
Examples
2nd Ed. Ch. 9, pg565-576
45 Actionable Claims Discussion
Transfer of Property Act, by Mulla,10th Ed., Ch.8 ,
Presentation
pg1291-1309
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
Internal Assessment- Grand Viva
C. Evaluation Scheme: Continuous Evaluation
Description Marks Schedule
1. Continuous Assessment 30 % Detailed below
2. Mid Semester Exams 20 % Refer Academic Calendar

3. End Semester Exam 50 % Refer Academic Calendar
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
G.P.Tripathi, The Transfer of Property Act, CLA,Ed.18th ,2014, 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
Subbarao ,Transfer of Property , Eastern Book Publication,2012

Gour, Hari Singh; Lakshmanan, A R,Commentary on Transfer of Property Act , Delhi Law House
,Ed.12th , 2011, Delhi.
Mallick, M R ,Goyle's A Commentary on the Transfer of Property Act, Delhi Eastern Law House Ed.
2nd , 2001,Delhi.
157th Law Commission Report
181 Law Commission Report
Transfer of Property Act,1882
Indian Easement Act,1882
The Benami Transactions (Prohibition) Act, 1988
General Clauses Act 1897
The Registration Act,1908
Indian Succession Act, 1925
RESEARCH ARTICLES FOR REFERENCE
Changing Conceptions of Property in Law by Francis S. Philbrick, Unversity of Pennsylvania Law
Review & American Law Register Vol 86 No 7
The Transfer of Property under Illegal Transactions by M. J. Higgins Source: The Modern Law Review,
Vol. 25, No. 2 (Mar., 1962), pp. 149-16
Mortgagees power to sell under Section 69 of transfer of property Act,1882-Halo or Hairshirt? By
Dr. T Ramaswamy available at http://www.ebc-india.com/lawyer/articles/2003v4a3.htm
Deed of Mortgage by Mr Y.Srinivasa Rao available at
http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=660daccc-ddba-41af-a60e-
633b4f252cc2&txtsearch=Subject:%20Property
Some Mortgage problems by Sir Horatio Shephard ,Kt
Contract for Sale of Immovable Property Its Effect on Subsequent attachment of the said
property by Justice S A Kader
A Need for All in One Enactment by K Krishnamurthy
Unregistered Lease for 11 Months, Admissibility of: A Note on Sathish Kumar v. Zarif Ahmed
& others [1997-1-L.W. 763 (SC)] by Justice S A Kader
The clog on the equity of redemption and its effect on modern real estate finance by jeffrey l. Licht,
st. John's law review, vol. 60, iss. 3 [1986], art. 3
Clogging the equity of redemption: an outmoded concept? By Lindy willmott and bill Duncan
available at https://lr.law.qut.edu.au/article/view/87
Incomplete property rights, redistribution, and welfare by J. Atsu Amegashie available at
http://www.jstor.org/stable/pdfplus/10.2307/41107903.pdf?acceptTC=true
The Unborn ChildAuthor(s): P. H. WinfieldSource: The University of Toronto Law Journal, Vol.
4, No. 2 (1942), pp. 278-295
Lis Pendens. Effect of Decree in Lower Court Pending Proceedings on Appeal Source: Harvard
Law Review, Vol. 39, No. 4 (Feb., 1926), pp. 511-512
G: 3 Detailed CASE STUDIES

S.No. Title Source Module Session
No. No.
1. Shantabai v. State of Bombay AIR 1958 SC 532 : I 3
(1959) SCR 265 1
2. State of Orissa v. Titaghur Paper Mills 1 5
Company Limited, AIR 1985 SC 1293 :
(1985) Supp SCC 280
3. Bamdev Panigrahi v. Monorama Raj, AIR 1974 AP 226 1 5
4. Duncans Industries Ltd. v. State of U.P. (2000)1 SCC 633 1 5
5. Kumar Harish Chandra Singh Deo v. AIR 1965 SC 1738 : 1 6

Bansidhar Mohanty, (1966) 1 SCR 153
6. M.L .Abdul Jabbar Sahib v. H. Venkata AIR 1969 SC 1147 : 1 6

Sastri, (1969) 1 SCC 573
7. Padarath Halwai v. Ram Narain, AIR 1915 PC 21 1 6
8. Lloyds Bank Ltd v P.E Guzder and Co. AIR 1930 Cal 22 1 8
9. Bank of Bombay v Suleman (1909) ILR Bom 1 1 8

10. Kori Gowramma v The Vyasya Bank first appeal No 324 of 1 9
Ltd, Kampli 1997, decided as on
Feburary 2000(HC of
Karnataka)
11. Ahmedabad Municipal Corporation v. AIR 1971 SC 1201 ; 1 9
Haji Abdul Gafur Haji Hussenbhai, (1971) 1 SCC 757
12. Md. Mustafa v. Haji Md. Isa, AIR 1987 Pat 5 1 9
13 H.N.Narayanaswamy Naidu v. AIR 1981 Kant 93 1 9

Deveeramma,
14 Ram Niwas v. Bano , AIR 2000 SC 2921 : 1 9

(2000) 6 SCC 685
15 V.N. Sarin v. Ajit Kumar Poplai, AIR 1966 SC 432 : 1 10
(1966) 1 SCR 349
16 Kenneth Solomon v. Dan Singh Bawa, AIR 1986 Del 1 1 10
17 Mohar Singh v. Devi Charan, AIR 1988 SC 1365 : 1 10

(1988) 3 SCC 63
18 N. Ramaiah v. Nagaraj S, AIR 2001 Kant. 395 1 10
19 Venkataramanna v Brahmana (1869) 4Mad HC 345 1 14
20 Rosher v Rosher (1884) 26 Ch D 801 1 14
21 Zoroastrian Co-operative Housing MANU/SC/0290/2005 1 14

Society Ltd v District Registrar Co-
operative Societies,
22 Tulk v Moxhay (1843-60) All ER 9 1 15
23 Girijesh Dutt v Data Din AIR1934 Oudh35 1 17
24 Rajesh Kanta Roy v Shanti Debi AIR 1957 SC 255 2 21
25 Kokilambal v N Raman, AIR 2005 SC 2468 2 21
26 Jayadayal Poddar v Bibi Hazara AIR 1974 SC171 2 26
27 Md. Sulaiman v. Sakina Bibi. MR1922 All392 2 26
28 Lov Raj Kumar v Major Daya Shankar AIR 1986 Del 364 2 27
(Dr)
29 Narendrabhai Chaganbhai Bharatia v AIR 2002 Guj209- 2 27

Gandevi Peoples Cooeprative Bank
Ltd

30 Ceean International Pvt Ltd v Ashok AIR 2003 Cal 2003 2 28
Surana
31 Amarnath V Deputy of Consolidation, AIR1985 All 163 2 28
Kanpur
32 Govinda Pillai Gopala Pillai v AIR1957 Ker 10 2 28

Aiyyappan Krishnan,
33 Jagannath Mahaprabhu v Pravat AIR 1992 Ori47 2 28

Chandra Chatterjee,
34 Padmja v Errathil Sanjeev AIR 2007(NOC) 70 Ker 2 28
35 Prabodh Kumar Das v Dantmare Tea AIR 1940 PCI 2 32

Co. Ltd,
36 Amar Singh v Laxaman, AIR 2007 (NOC) 320 2 33
(Raj)
37 DS Parvathamma v A Srinivasan (2003) 4 SCC 705 2 33
38 Maina Devi v Thakur Mansingh, AIR 1986 Raj 44 3 37
39 Pomal Kanji Govindji v Vrajilal AIR 1989 S.C436 3 38

Karsanandas Purohit,
40 Seth Ganga Dhar v Shankar Lal, AIR 2000 S.C.770 3 37
41 Gulab Chand Sharma v Saraswati AIR 1977 S.C 242 3 37

Devi
42 Shivdev Singh v Sucha Singh, AIR 2000 SC1935 3 38
43 Ram Kishan v Sheo Ram AIR2008 P& H 77(FB) 3 38

44 Shanti Devi v Nand Lal AIR 2005 Raj 218 4 38
45 Vadilal Chhaganlal Soni v Gokaldas AIR 1953 Bom 408 4 38
Mansukh,
46 Samir Kumar Chatterjee v Hirendra AIR1992,Cal 129 4 41
Nath Ghosh,
47 B V Dsouza Antonio Fausto AIR1989 SC 1816 4 41
Fernandes,
48 Quality Cut Pieces v M.Laxmi and Co. AIR1986 Bom 359 4 41
49 Associated Hotels of India v AIR 1959 SC1262 4 41

R.N.Kapoor,
50 Delta International Ltd v Shyam AIR1999 SC 2607 4 41
Sunder Ganeriwalla,

51 Raghunathjee Maharaj v. Ramesh AIR 2001 SC 2340 4 43
Chandra,
52 Kamlakanta Mohapatra v Pratap AIR 2010 Ori,13 4 43
Chandra Mohapatra,
53 Suraj Lamp and Industries (P) vs State AIR 2011 SC 4 43
Of Haryana & Anr
54 Narindra Singh rao v. Mahindra Singh AIR 2013 SC 4 44
Singh Rao
55 Vimla Devi V. Pushpa Devi and Anr. AIR 2017 SCC Del 4 44
8694
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.

PROJECT TOPICS:
1. Imperfections in the title of a property

2. Right to Property: What it includes?
3. Constitutional Status of right to property
4. Transfer of Property-Movable & Immovable
5. Conditions restraining alienation
6. Transfer for the benefit of unborn child
7. Applications and relevance of the rule against perpetuity
8. Conditional Transfer
9. Transfer by ostensible owner
10. Doctrine of Part performance
11. Transfer of property by a Non Owner under TPA
12. Sale of Immovable property
13. Mortgages of immovable property
14. Distinctions between Easement & Usufructuary mortgage
15. Meaning of clog on equity of redemption
16. Covenant running with Property
17. Mortgage by way of conditional sale
18. Usufructuary mortgage
19. Right of possession and right of ownership: jurisprudential debate
20. Fraudulent transfers under TPA
21. Transfers subject to a condition or limitation under TPA
22. Critical analysis of the idea of transfer of property in favour of unborn child
23. Prohibition of Benami transactions
24. Transfer by unauthorized person who subsequently acquires interest in property transferred.
25. Leases of Immovable Property
26. Role of registration act in TPA
27. Relevance of Notice under transfer of Property Law
28. What may be transferred under TPA
29. Doctrine of Election
30. Doctrine of Lis Pendens: a case based analysis
31. Rule of spes successionis and its comparison with the rule of Feeding the grant by estoppel
32. Doctrine of acceleration
33. Critically examination of the rule regarding right to redemption in case of mortgages under TPA
34. Distinctions between lease and licence
35. Critical analysis of the idea of transfer of property in favour of unborn child
36. Transfer by co-owners
37. Restraints on alienations in the light of judicial precedents
38. An analysis of the rule against perpetuity
39. Meaning of clog on equity of redemption
40. Mortgages of Immovable property and charges
41. Distinction between vested and contingent interest
42. Critical examination of the rule regarding right of redemption in case of mortgages under TPA
43. Transfer of Spes Successionis
44. Essential ingredients of a lease deed and identification of unfair terms in a lease deed
45. Distinctions between vested and contingent interests in transfers of property
46. Registration Act as an essential support for applicability of the Transfer of Property Act
47. Registration of transfer document & its importance
48. Transfer by non-owners and Co-owners under TPA
49. Giftdefinition and mode of transfer, suspension and revocation
50. Concept of Actionable claim.
51. A case based analysis as to why section 53A of the Transfer of Property Act, 1882 has been
controversial
52. co-extensive rights of redemption and foreclosure
53. Actual possession as constructive notice
54. Doctrine of Constructive Notice
55. Legal concept of covenants that run with the land
56. Doctrine of Part Performance and the effect of amendment made in 2001.
57. Importance of Attestation and Registration under TPA
58. Supreme Courts view on the doctrine of Lis Pendens in the case of transfers of property?
59. How does the transfer of property act, 1882 deal with good faith in transfers of property?
60. status of Section 41 of Transfer of Property Act with reference to Benami Transaction( Prohibition) Act,1988
61. Distinguish between Spes Successionis and the rule of Feeding the Grant by Estoppel
62. Fraudulent Transfer
63. Doctrine of cog on equity
64. Actionable claims
65. Conditional Gifts
66. Electricity as a property.
67. Property Rights and Property Law
68. Leases, Different Kinds of Tenancies
69. Unpaid Vendor's Charge, encumbrances and Court Sales
70. Law of Adverse Possession
71. things attached to earth and Concept of Doctrine of fixtures
72. Importance of attestation; who may be a competent witness; mode of attestation; attestation
by a Pardanashin woman
73. Relevance of doctrine of Notice
74. Concept of property; Definition of and distinction between movable and immovable property
75. Meaning of Transfer of Property under the Act; Transfer intervivos; Living person
distinguished from juristic person
76. Transfers subject to a condition or limitation
77. Critically discuss the rules regarding right of redemption in the case of mortgages under the
Transfer of Property Act, 1882
78. How does the Transfer of Property Act, 1882 deal with good faith in transfers of property.
79. Why Section 53A of the Transfer of Property Act, 1882 has been controversial?
80. Discuss the distinction between joint ownership and co-ownership and the implications of the same
81. Easementary Rights
82. Analysis of 157th Law Commission report.
83. Amendment of Section 106 of TPA and recommendations of 181 Law Commission Report
84. Difference between Easement and License
85. Imposition. Acquisition And Transfer of easements
86. Perpetual Leases
87. Contingent Transfers
88. Role of equity in Transfer of Property
89. Protection of transferee in good faith
90. Application of rule of estoppel in Property Law
91. Actionable claims under Transfer of Property Act
92. Amendments in the Transfer of Property Act
93. Oral transfers in present day context
94. Role of Mortgage in securing loans from banks
95. Marshalling in mortgages
96. Marshalling in sale
97. Charge on Immovable property
98. Difference in Gifts under TPA and Gifts under personal law
99. Difference in transfers in favour of unborn under TPA and under personal law
100. Land acquisition; Recent Judicial trends.
101. Present day application on Part Performance
102. New emerging types of business agreements for use and enjoyment of property;
differentiating lease and licence

-----------------------------------------------------------------------------------------------------------------
Annexure-I
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES
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
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: -------------------------------------

Section A (10 Marks)
(Attempt all questions. Each questions carry equal marks)
General Question- subject matter
Write short notes on any four of the following:
Q. No.1 Immovable Property

Q. No.2 Notice under TPA
Q. No.3 Transfer of Spes Successionis
Q. No. 4 Easementary Rights
Q.No..5 Actionable Claim
Section B (20 marks)- Conceptual Question

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
Section C (20 marks)- Analytical question

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.
Section D (50 marks)

(Attempt all questions. All questions carry equal marks)
- Application Based Question
Read the case Case / problem and answer the following questions:

Case Study/ Case Details/ Problem Details
Questions: Based on the Case Study/Case Details/Problem Details
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
1. All the questions of the assignment must be handwritten.

2. To answer your assignment questions you need to access multiple information sources like
a. Your own prior experience.
b. Regular reading of Books, Law Journals, magazines and News papers
c. Reference Books
d. Browsing the internet for latest updates.
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
GUIDELINES FOR PROJECT WORK
The project will be completed as follows:
1. Abstract: One page in around 300 words

It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words
2. Submission of Final Project report after approval of synopsis.

a. Excluding the Cover page, index page and bibliography the main write up should be around 20
pages. Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor name, Student
details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue Book 19th
Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters, conclusion,
recommendation, foot notes and required bibliography.

3. The project work shall
a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the students capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned
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.

CONTINOUS ASSESSMENT SHEET (___________)
B. TECH. (ET),
LL.B. (Hons.) IPR/
BBA,LLB(Hons.)
Corporate Laws/
B.Com,LL.B
(Hons) Taxation
Laws/
Programme BA.,LLB(Hons.)
Name Energy Laws Semester V
Dr. Shikha
Faculty Dimri/Manisha
Name Madhav
Property Law Including

Subject Transfer of Property
Subject LLBL
Code 402
Quiz/Class Assignment/ Project Work Subject Grand Attendance Total

Test/ Snap Case Analysis Viva 100
Test Marks
Enrl. No. Name
20% 20% 20% 20% 20%
weightage weightage weightage weightage weightage
I II Report / Viva
/PPT
10 10

Annexure IV
Course Calendar-August-December, 2017
S. No. Project Assignment Snap Snap Grand Viva

Test-I Test-II
Date of 05th
allotment September
Date of
submission 11th 3rd week 2nd week 15th Nov-21st Nov
16thOctober September September November

UPES Property Law Course Plan

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Format No. QSP/7.1/01.

Course Property Law Including Transfer of Property And Easement Act

Session August, 2017 to December, 2017

Subject Code LLBL 402

Prepared by Dr. Shikha Dimri and Manisha Madhav

Email mmadhav@ddn.upes.ac.in / shikha@ddn.upes.ac.in

UPES Campus Tel : +91-135-2770137

Duration: August 2017 December 2017 Subject code: LLBL 402

After completion of the course, students are expected to:

1. Be acquainted with the different modes of Transfer of Property;

B. COURSES INTENDED STUDENT LEARNING OUTCOMES:

The continuous evaluation tools employed are:

1. Quiz/Class Test/ Snap Test (20% weightage)

2. Assignments/Court Room Exercise/ Research Paper/Case (20% weightage)

3. Project Work Presentation (20% weightage)

4. Subject Grand Viva (20% weightage)

5. Attendance (20% weightage)

College of Legal Studies August- December 2017

MODULE I: JURISPRUDENTIAL CONTOURS OF PROPERTY

MODULE II: SALE OF IMMOVABLE PROPERTY

MODULE III: SPECIFIC TRANSFERS

D. COURSE COMPLETION PLAN

E. EVALUATION & GRADING

Description Weight age Schedule

1. Continuous Assessment 30% Detailed Below

2. Mid term Exam 20% Academic Calendar

3. End term Exam 50% Academic Calendar

1. Continuous Assessment 30% Detailed Below

College of Legal Studies August- December 2017

Mid- Sem Examination: 20% Weightage

End -Sem Examination: 50% Weightage

Pass Criterion: minimum 40% of the highest marks in the class

College of Legal Studies August- December 2017

F. DETAILED SESSION PLAN

Internal Assessment- Project

College of Legal Studies August- December 2017

Property Law by Poonam Pradhan Saxena, Lecture

Property Law by Poonam Pradhan Saxena, Lecture

Internal Assessment- Assignment

Notice Property Law by Poonam Pradhan Saxena, Lecture

What may be Lecture

College of Legal Studies August- December 2017

Transfer of Property Act, by Mulla,10th Ed., Lecture

College of Legal Studies August- December 2017

MID TERM EXAMINATION

Transfer by Property Law by Poonam Pradhan Saxena,

Research Article- Lis Pendens. Effect of

Property Law by Poonam Pradhan Saxena, Lecture

Sale of Immovable Lecture

College of Legal Studies August- December 2017

Property Law by Poonam Pradhan Saxena,

Cases:Seth Ganga Dhar v Shankar Lal,

Clogging the equity of redemption: an

College of Legal Studies August- December 2017

Samir Kumar Chatterjee v Hirendra Nath

Delta International Ltd v Shyam Sunder

Property Law by Poonam Pradhan Saxena,

College of Legal Studies August- December 2017

Internal Assessment- Grand Viva

C. Evaluation Scheme: Continuous Evaluation

Description Marks Schedule

1. Continuous Assessment 30 % Detailed below