Property Law and Easement Notes | B.B.A. LL.B. (Five Years) Semester 9 | SPPU | munotes

Contents

Module 01 Concepts, Meaning and types of Properties (Sections 1 to 9 of the T.P. Act, 1882)

1. What Property Means, and Movable against Immovable Property 1
2. The Kinds of Property: Movable and Immovable, Tangible and Intangible, Existing and Future, Real and Personal 6
3. The Interpretation Clause: Attestation, Notice and the Words the Act Runs On 12
4. How the Act Is Arranged, and What It Does Not Cover 18
5. Transfer of Property Defined 23
6. What May Be Transferred 27
7. Persons Competent to Transfer 35
8. The Essentials of a Valid Transfer of Property 39
9. What Passes with a Transfer, and When Writing Is Required 44
10. The Seven Questions to Settle Before You Draft Any Deed of Transfer 49
11. Stamp Duty and Registration: The Two Costs on Every Deed, and How to Read the Schedule 54

Module 02 General Principles Relating to Transfer of Property (Sections 10 to 37)

1. Conditions Restraining Alienation, and Restrictions Repugnant to the Interest Created 61
2. Transfer for the Benefit of an Unborn Person 67
3. The Rule Against Perpetuity 72
4. Direction for Accumulation 78
5. Vested Interest and Contingent Interest 82
6. Conditional Transfers: Conditions Precedent and Subsequent 88
7. Election 95
8. Apportionment 101

Module 03 General Principles Relating to Transfer of Immovable Property (Sections 38 to 53A)

1. Transfer by a Person Authorised Only in Certain Circumstances, and Property Charged with Maintenance 106
2. Restrictive Covenants: When an Obligation Runs with the Land 111
3. Transfer by an Ostensible Owner 116
4. Transfer by a Person Having Authority to Revoke a Former Transfer 122
5. Feeding the Grant by Estoppel 125
6. Transfers by Co-owners and by Persons Having Distinct Interests 130
7. Priority of Rights Created by Transfer, and Rent Paid to a Holder under a Defective Title 135
8. Improvements Made by a Bona Fide Holder under a Defective Title 140
9. Lis Pendens 145
10. Fraudulent Transfer 151
11. Part Performance 156

Module 04 Sales and Exchanges (Sections 54 to 57 and 118 to 121)

1. Sale Defined, and How a Sale Is Made 164
2. Rights and Liabilities of Buyer and Seller 169
3. Discharge of Incumbrances on Sale 176
4. Exchange 180
5. What the Registration Act Does, and the Registration Establishment 184
6. Documents of Which Registration Is Compulsory 189
7. Documents of Which Registration Is Optional 195
8. The Effect of Non-registration 199

Module 05 Mortgages (Sections 58 to 98)

1. Mortgage Defined, and the Six Kinds of Mortgage 204
2. How a Mortgage Is Made 209
3. Securities for Advances 213
4. Charges 220
5. The Right of Redemption, and Clogs on It 225
6. Accession, Improvements, Renewed Leases and the Mortgagor's Power to Lease 231
7. Rights and Liabilities of the Mortgagee 237
8. The Mortgagee in Possession 244
9. Priority, Contribution and Marshalling among Mortgagees 250
10. Marshalling by a Subsequent Purchaser 256
11. Subrogation, and the Abolition of Tacking 260
12. Suits for Foreclosure, Sale and Redemption 265

Module 06 Leases (Sections 105 to 117)

1. Lease Defined, and How a Lease Is Made 270
2. Rights and Liabilities of Lessor and Lessee 275
3. Transfer of the Lessor's Interest, and Computing the Term 281
4. Determination of a Lease, Forfeiture and Relief 285
5. A Lease under the Transfer of Property Act, and a Tenancy under the Maharashtra Rent Control Act 1999 292

Module 07 Gift and Transfers of Actionable Claims (Sections 122 to 129 and 3, 130 to 137)

1. Gift 297
2. Hiba: The Three Essentials of a Muslim Gift 303
3. Gift, Donatio Mortis Causa and Hiba Compared 308
4. Actionable Claims 312

Module 08 Law of Easements (Sections 1 to 51 of the Easement Act, 1882) and Law of Licenses (Sections 52 to 64 of the Easement Act, 1882)

1. What an Easement Is 318
2. Kinds of Easements 325
3. Acquisition of Easements, and Easement by Prescription 331
4. The Rights and Incidents of an Easement 339
5. Disturbance of Easements 346
6. Extinction, Suspension and Revival of Easements 351
7. Licences, and Licence against Lease and Easement 358
8. Licences: Transfer, the Death of the Licensor or the Licensee, and the Licence That Cannot Be Revoked 365
9. Leave and Licence in Maharashtra: Why the Law Puts It in Writing 370