Overview: Transfer of Property Act, 1882 – study of immovable property rights (sale, mortgage, lease, etc.) and easements.

Objectives: To understand how ownership and possession of property are regulated, and the creation/transfer of interests in property.

Outcomes: Students will explain how a person can transfer property through sale, mortgage, lease, exchange, gift, and how easements are acquired. They will differentiate types of mortgages, remedies for breach of sale contract (under SR Act), and the notion of actionable claims.

Syllabus – CCSU:

1. Transfer of Property (Sec. 5-37): Definitions (immovable property, transfer), operation (by act of parties).
2. Immovable Property (38-53A): How general transfer provisions apply specifically.
3. Sale (54-57): Contract of sale (goods) – but here 54-57 deals with immovable property sale.
4. Mortgage (58-104): Types (simple, equitable, conditional sale mortgage, etc.), rights of mortgagor/mortgagee, foreclosure, redemption.
5. Lease (105-117): Definitions (lease, lease amount), rights/duties of lessor/lessee, determination.
6. Exchange (118-121): How exchange differs from sale.
7. Gift (122-129): Essentials (donor, donee, delivery), irrevocability after acceptance.
8. Actionable Claims (130-137): Meaning (claim for debt/benefit not secured by mortgage etc.), transfer by assignment.
9. Indian Easements Act (1882): How easements (right to use neighboring property for light, passage, support, etc.) are acquired (prescription) and extinguished.

Recommended Texts:

• Diwan Paras, Transfer of Property Act.
• Lahri S.M., Transfer of Property.
• Mulla D.F., Transfer of Property Act.
• Shah S.M., Lectures on Transfer of Property.
• Shukla S.N., Transfer of Property.
• Shukla V.N., Transfer of Property Act.
• Sinha S.N., Transfer of Property.
• Tripathi G.P., Transfer of Property.

Statutes/Cases: Transfer of Property Act (India). Leading case: Karnail Singh v. Ram Singh (meaning of mortgage), Upadhyay v. Chandramohan (double mortgage sale deed). Sunder Singh v. State (UP) (easement by prescription). Knowledge of conflict between TP Act and Specific Relief Act (specific performance of sale deeds).