Property Law Notes | LL.B. (Three Years) Semester 2 | KSLU | munotes

Contents

Unit I

1. Property Law: What This Paper Covers, and How to Read This Book 1
2. What Property Means, and Movable against Immovable Property 4
3. The Interpretation Clause: Attestation, Notice and the Words the Act Runs On 9
4. How the Act Is Arranged, and What It Does Not Cover 15
5. Transfer of Property Defined 20
6. What May Be Transferred 24
7. Persons Competent to Transfer 32
8. What Passes with a Transfer, and When Writing Is Required 36
9. Conditions Restraining Alienation, and Restrictions Repugnant to the Interest Created 41
10. Transfer for the Benefit of an Unborn Person 47
11. The Rule Against Perpetuity 52
12. Direction for Accumulation 58
13. Vested Interest and Contingent Interest 62
14. Conditional Transfers: Conditions Precedent and Subsequent 68

Unit II

1. Election 75
2. Apportionment 81
3. Transfer by a Person Authorised Only in Certain Circumstances, and Property Charged with Maintenance 86
4. Restrictive Covenants: When an Obligation Runs with the Land 91
5. Transfer by an Ostensible Owner 96
6. Transfer by a Person Having Authority to Revoke a Former Transfer 102
7. Feeding the Grant by Estoppel 105
8. Transfers by Co-owners and by Persons Having Distinct Interests 110
9. Priority of Rights Created by Transfer, and Rent Paid to a Holder under a Defective Title 115
10. Improvements Made by a Bona Fide Holder under a Defective Title 120
11. Lis Pendens 125
12. Fraudulent Transfer 131
13. Part Performance 136

Unit III

1. Mortgage Defined, and the Six Kinds of Mortgage 144
2. How a Mortgage Is Made 149
3. The Right of Redemption, and Clogs on It 153
4. Accession, Improvements, Renewed Leases and the Mortgagor's Power to Lease 159
5. Rights and Liabilities of the Mortgagee 165
6. The Mortgagee in Possession 172
7. Priority, Contribution and Marshalling among Mortgagees 178
8. Subrogation, and the Abolition of Tacking 184
9. Suits for Foreclosure, Sale and Redemption 189
10. Charges 194

Unit IV

1. Sale Defined, and How a Sale Is Made 199
2. Rights and Liabilities of Buyer and Seller 204
3. Marshalling by a Subsequent Purchaser 211
4. Discharge of Incumbrances on Sale 215
5. Lease Defined, and How a Lease Is Made 219
6. Rights and Liabilities of Lessor and Lessee 224
7. Transfer of the Lessor's Interest, and Computing the Term 230
8. Determination of a Lease, Forfeiture and Relief 234
9. Exchange 241
10. Actionable Claims 245
11. Gift 251

Unit V

1. What a Trust Is: Definitions and the Parties 257
2. Trust Compared with Debt, Ownership, Bailment, Agency and Contract 261
3. Kinds of Trusts 266
4. The Trust: The Indian Trusts Act, and the Certainties a Deed Must Satisfy 270
5. Obligations in the Nature of Trusts: Resulting and Constructive Trusts 276
6. Appointment of Trustees 281
7. The Duties of Trustees 285
8. The Liabilities of Trustees for Breach of Trust 289
9. The Rights and Powers of Trustees 293
10. The Disabilities of Trustees 298
11. The Rights and Liabilities of the Beneficiary 302
12. Vacating the Office of Trustee 307
13. The Extinction and Revocation of Trusts 310