Course Name TRANSFER OF PROPERTY ACT INCLUDING SPECIFIC RELIEF ACT
Course Code BBALH 6.4
Course Credit 4
Contact hours 4-1-0
(L-T-P)
Course Type Disciplinary/Core
Semester VI
Objectives 1. Understand the historical and legal context of the Transfer of Property
Act 1882.
2. Analyze the various modes of transfer of property, such as sale,
mortgage, lease, and gift, and understand the rights and liabilities of the
parties involved.
3. Identify and explain the concept of easements and licenses, and
understand their acquisition and termination.
4. Identify and explain the concept of actionable claims, and understand the
modes of transfer.
5. Understand the various conditions and restrictions that apply to transfers
of property.
Course CO1: Analyze and interpret provisions of the Transfer of Property Act 1882,
Outcome (CO) and apply the Act to real-world scenarios.
CO2: Evaluate and assess the validity and legality of various modes of transfer
of property.
CO3: Analyze and interpret legal cases related to the Transfer of Property Act
1882, and identify the legal principles and concepts that apply.
CO4: Develop skills in legal analysis, interpretation, and argumentation and
apply the ethical and professional principles of the legal profession to the study
and practice of property law.
Pre-Requisite
Unit 1- Introduction and principles of Transfer of Property
Course Outline Property: Meaning and Definition, Types of Property
Notice, Registration, Attestation, Actionable Claim
Restrictions on Alienation of Property
Transfer to Unborn Person, Rule against Perpetuity, Vested and Contingent
Interests
Doctrine of Election, Doctrine of holding out, feeding the grant by estoppel
Doctrine of Priority, Transfer of lis pendens
Transfer by ostensible owner, transfer by unauthorized person who subsequently
acquires interest in property transferred
Doctrine of part performance
Unit 2: Sale and Mortgage
Sale: definition and essentials
Rights and liabilities of buyer and seller
Transfer of ownership and possession
Types of sale: conditional sale, sale with right of repurchase, etc.
Mortgage: definition and essentials
Types of mortgage: simple mortgage, mortgage by deposit of title deeds, etc.
Rights and liabilities of mortgagor and mortgagee
Unit 3: Lease and Gift
Lease: definition and essentials
Types of lease: lease for a fixed term, periodic lease, etc.
Rights and liabilities of lessor and lessee
Determination and forfeiture of lease
Gift: definition and essentials
Types of gift: gift inter vivos, gift causa mortis, etc.
Conditions and restrictions on gift
Unit 4: Exchange and Transfer of Actionable Claims
Exchange: definition and essentials
Rights and liabilities of parties to exchange
Distinction between exchange and sale
Transfer of actionable claims: definition and essentials
Modes of transfer: assignment, negotiation, etc.
Rights and liabilities of parties to transfer of actionable claims
Unit 5: Easement and Licenses
Easement: definition and essentials
Types of easement: positive and negative easements, continuous and
discontinuous easements, etc.
Acquisition and termination of easement
Licenses: definition and essentials
Types of licenses: bare license, license coupled with interest, etc.
Rights and liabilities of licensor and licensee
Evaluation Continuous Evaluation : 50%
End Semester Assessment : 50 %
Practical The learners are required to:
Exercises 1. Prepare and submit assignments
2. Case-law presentation
References Text Books
1. Poonam Pradhan Saxena, Property Law (2nd ed. 2011)
2. Vepa. P. Sarathi (Rev.) G.C.V. Subba Rao’s Law of Transfer of Property(3rd
ed., 2002)
3. R.K.Sinha, Transfer of Property, Central Law Agency.
4. G.P. Tripathy, Transfer of Property, Central Law Publication.
5. Sen Gupta (Rev.), Mitra’s Transfer of Property Act (18th ed., 2004)
6. S.M. Lahiri, Transfer of Property Act (10th ed., 1986)
Facilitating the achievement of Course Intended Learning Outcomes
Unit Blooms Teaching and Learning
Course Outcomes
Taxonomy Assessment Method
No. (CO) Activity
Level
Quiz, Assignments,
1 CO1 K2
Lectures, case discussion Written-test
Hands-on test, Quiz,
2 CO2 K5 Lectures, problem solving, Assignments, Written-
laboratory sessions test
Quiz, Assignments,
3 CO 1,3 K3 Problem discussion, case Written-test
discussion
Problem solving, laboratory Hands-on test,
4 CO4 K3 sessions Assignments, Quiz,
Written-test
Bloom’s Taxonomy:
K1: Remembering
K2: Understanding
K3: Applying
K4: Analyzing
K5: Evaluating
K6: Creating
Mapping of the Course Outcomes (COs) to the Programme Outcomes (POs)
Programme Outcomes (POs)
Course Outcomes
PO1
PO2
PO3
PO4
PO5
PO6
PO7
(CO)
CO 1 2 3 1 1 - 2 1
CO 2 - 1 - 3 2 3 2
CO 3 3 1 2 - 2 3 -
CO 4 1 - 1 1 3 - 1
Average 1.5 1.25 1 1.25 1.75 2 1
Correlation level 1, 2 and 3 as defined below:
“1” – Slight (Low)
“2” – Moderate (Medium)
“3” – Substantial (High)
“-” – No correlation