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Home / SPPU / Syllabus / Law / LL.B. (Three Years) / Third Year / Semester 5 / Property Law and Easement

LL.B. (Three Years) Property Law and Easement Syllabus - SPPU 2026

Property Law and Easement Syllabus.pdf
Semester 5 · Third Year · 4 credits

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Syllabus for Property Law and Easement

Semester 5 · Third Year · 4 credits

Course Aims

  • This subject encompasses the study of two significant legislations: the Transfer of Property Act, 1882, and the Easement Act, 1882. Serving as the cornerstone of property law, it delves into principles applicable to the transfer of diverse properties. Proficiency in this subject forms the bedrock for comprehending specialized laws governing property. The course aims to equip students with a robust understanding of the fundamental principles, distinctive features, rights, and obligations of parties involved in property transactions. Additionally, it sheds light on the ramifications of specific transactions concerning immovable property including sale, mortgage, lease, gift, exchange and transfer of actionable claims and to appreciate the implications of registration thereon. Recognizing the relevance of actionable claims in modern business and financing paradigms, the course addresses this topic comprehensively. Furthermore, the curriculum encompasses the legal framework governing easements and licenses, essential components in property rights management. Through an in-depth exploration of these areas, students develop a nuanced understanding of property law, preparing them to navigate legal intricacies and make informed decisions in professional practice.

Objectives

  • This course focus on delving into the intricacies of the concept of 'Property,' examining the 'nature of property rights,' and elucidating the fundamental principles dictating the transfer of property. The primary objective is to empower students with a profound comprehension of the underlying philosophy of property law and its subtleties, fostering a solid foundation in the legal framework governing property transfer. Emphasis is placed on acquainting students with the notion of property, its various manifestations, and the overarching principles governing its transfer. The overarching goal is to facilitate an in-depth exploration of the substantive law concerning property transfer, encompassing specific modes such as sale, mortgage, lease, gift, exchange, and the transfer of actionable claims during one's lifetime (inter-vivos). Furthermore, the course aims to instill an appreciation for the ramifications of registration on property transactions. Students will gain an understanding of documents necessitating compulsory registration, the registration timeline, and the implications of non-registration. Through this comprehensive study, students will emerge equipped with a nuanced understanding of property law and its practical applications in real-world scenarios.

Outcomes

  • Upon completion of this course, students will be able
  • ● To understand the concept of property in its diverse forms, classifications, and associated legal implications.
  • ● To exhibit proficiency in analysing and applying legal mechanisms involved in the transfer of property, such as sale, mortgage, lease, gift, exchange, and transfer of actionable claims.
  • ● To develop the ability to critically analyze and interpret legal principles and provisions governing property law, applying them to hypothetical scenarios and real-world cases.
  • ● To gain awareness of the registration requirements associated with property transactions, understanding their legal significance and consequences.
  • ● To introduce students to the fundamental concepts of easements, including types, creation, acquisition, and termination, as stipulated in the Indian Easement Act, 1882.
  • ● To equip students with a comprehensive understanding of Property Law and Easement, enabling them to navigate legal complexities, analyze legal issues, and apply legal principles effectively in professional practice.

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

  • 1. Meaning of property
  • 2. Kinds of property - Movable and immovable, tangible and intangible, existing and future, real and personal
  • 3. Doctrine of notice
  • 4. Meaning and Definition Transfer of Property,
  • 5. Properties which may be transferred
  • 6. Essentials of a valid transfer of property
  • 7. Operation and method of transfer property
  • 8. Procedural perspective for transfer of property

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

  • 1. Conditions restraining alienation
  • 2. Transfers to unborn persons
  • 3. Rule against perpetuity and direction for accumulation
  • 4. Vested and contingent interests
  • 5. Conditions precedent and subsequent, conditional transfers
  • 6. Doctrine of Election and Apportionment

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

  • 1. Doctrine of holding out
  • 2. Feeding the grant by estoppel
  • 3. Transfer Lis pendens
  • 4. Fraudulent transfer
  • 5. Doctrine of part performance

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

  • 1. Meaning and definition of Sale and Exchange
  • 2. Distinction between sale and Exchange
  • 3. Essentials of a valid sale, Parties to a sale, Formalities
  • 4. Distinction between Sale and contract for sale
  • 5. Registration of a contract for sale and effect of non-registration,
  • 6. Rights and liabilities of a buyer and seller
  • 7. Discharge for encumbrances on sale
  • 8. Exchange, Rights and liabilities of parties to exchange
  • The Indian Registration Act, 1908 (Section 17, 18 & 49):
  • 1. Documents of which registration is compulsory
  • 2. Documents of which registration is optional
  • 3. Effect of non-registration of documents required to be registered

Module 05: Mortgages (Sections 58 to 98)

  • 1. Definition of mortgage - Types of mortgages, Mortgagor, Mortgagee, Mortgage money,
  • 2. Essentials of a valid mortgage and Formalities
  • 3. Distinction between charge, mortgage, pledge, hypothecation and other security interests over property
  • 4. Rights and liabilities of a mortgagor and mortgage
  • 5. Doctrine of substituted security
  • 6. Charge of immovable property
  • 7. Marshalling

Module 06: Leases (Sections 105 to 117)

  • 1. Definition of lease, Lessor, lessee, premium and rent, Kinds of leases
  • 2. Essentials of a valid lease and Formalities
  • 3. Rights and liabilities of the lessee and Lessor
  • 4. Term and determination of lease
  • 5. Forfeiture and relief against forfeiture
  • 6. Leases for agricultural purposes
  • 7. Distinction between lease under the Transfer of Property Act, 1982 and the Maharashtra Rent Control Act, 1999

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

  • 1. Definitions of Gift, Donor and Donee
  • 2. Essentials of a valid gift, Revocation of gifts
  • 3. Distinction between property and donatio mortis causa and gifts under Mohammedan law
  • 4. Actionable claims :
  • a) Definition, Formalities, and their importance in commercial transactions
  • b) Requirement of notice to debtor, and effect of notice
  • c) Rights and liabilities of transferor and transferee

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. Definitions and Types of easements
  • 2. Creation, acquisition and transfer of Easements
  • 3. Rights, duties and liabilities of dominant and servant owners
  • 4. Remedies for disturbance of easements
  • 5. Extinction, Suspension and revival of easements
  • 6. Definition of License, Essentials of a license, kind and Formalities
  • 7. Transfer of license
  • 8. Death of licensor or licensee
  • 9. Rights of licensee on revocation and eviction
  • 10. Distinction between leases and license

Additional Readings

  • 1. V P Sarathi’s Law of Transfer of Property - Including Easements, Trusts and Wills, Malika Taly (ed), Eastern Book Company, 2017.
  • 2. Poonam Pradhan Saxena, Property Law, LexisNexis, 2017.
  • 3. Avatar Singh, Textbook on the Transfer of Property Act, Universal Law Publishing, 2016.
  • 4. Shriniwas Gupta, A Text Book on Transfer of Property Law, Thomson Reuters, 2016.
  • 5. A P Singh and Ashish Srivastava, Property Laws, LexisNexis, 2015.
  • 6. G P Tripathi, The Transfer of Property Act, 19th ed., Central Law Publications, 2016.
  • 7. AP Singh and Ashish Kumar Srivastava, Property Laws, LexisNexis, 2015.
  • 8. Sanjiva Row, Transfer of Property Act (in 2 volumes), Universal Law Publishing, 2016.
  • 9. Shriniwas Gupta, Law Relating to Transfer of Property, Thomson Reuters, 2016.
  • 10. Darashaw Vakil, Commentaries on the Transfer of Property Act, LexisNexis, 2017.
  • 11. Mulla, The Transfer of Property Act, 12th ed, M R Hariharan (ed), LexisNexis, 2014.
  • 12. H S Gour, Commentary on Transfer of Property Act, Delhi Law House, 2014.
  • 13. B B Katiyar, Law of Easements and Licences, Universal Law Publishing, 2010.
  • 14. Maharashtra Stamp Act, 1958, by A. K. Gupte, Hind Law House (2021)

Any other information

  • 1. The topics and suggested readings given above are not exhaustive.
  • 2. Teachers of the Course shall be at liberty to add the case/suggested readings.
  • 3. Students are required to study/refer to the legislations as amended from time to time, and consult the latest editions of books on this course.

Reproduced from the Savitribai Phule Pune University Revised CBCS Rule and Syllabus for LL.B., the 2023 pattern as amended on 18 July 2024. Wording is as printed in that syllabus. Module numbering is as printed there too.

The complete syllabus

Every subject above is cut from the revised syllabus. Open the document here if you want the whole thing rather than a single subject.

PDF Complete LL.B. syllabus Revised syllabus (CBCS 2023 pattern), as amended on 18 July 2024 Read full PDF Read
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