Paper 1 TRANSFER OF PROPERTY ACT, 1882 AND INDIAN EASEMENT ACT, 1882

(1) Historical evolution of Law of property, Introduction, Short title,. Commencement, Repeal of Acts, Interpretation Clause (Ss 1-3), Transfer of Property by act of Parties -Definition of Property, Rule of Transferability, Persons Competent to Transfer, Operation of Transfer and Oral Transfer (Ss 5-9), Condition Restraining Alienation, Restriction Repugnant to Interest, Condition Making Interest Determinable on Insolvency or Attempted Alienation (Ss 10-12), Transfer for the Benefit of Unborn Person, Rule against Perpetuity etc. (Ss 13-18), Vested interest and Contingent Interest (Ss 19-24), Conditional Transfer, Doctrine of Acceleration, Doctrine of Conditional Limitation (Ss 25-34), Doctrine of Election (Ss 35-37), Transfer of Immovable Property (Ss 38-53-A).

(2) Sale of immovable property Definition, Competency of Parties, Difference between Sale and Agreement to Sale, Rights and Liabilities of buyer and Seller (Ss 54-57), Mortgages charges of immovable (Ss 58), Property, Definition, Kinds of Mortgages, Obligation to transfer to third party instead of Mortgagor, Rights and Libilities of Mortgager (Ss 58-66), Rights and Libilities of Mortgagee (Ss 67-77). Other Provisions Related to Mortgage including charges (Ss 78-104).

(3) Leases of immoval property Definition, Essential Elements of Leases, Modes of Leases, Rights and Liabilities of Lessor and Lessee, Doctrine of Waiver, Determination of Lease and Other Related Provisions (Ss 105-117), Exchanges (Ss 118-121), Gift (Ss 122-129), Transfer of Actionable Claims (Ss 130-137).

(4) Indian Easement Act, 1882 Introduction (Ss 1-3), Easement in General (Ss 4-7), Imposition, Acquisition and Transfer of Easements (Ss 8-19), Incidents of Easement (Ss 20-21), Disturbance of Easement (Ss 32-36), Extinguishment, Suspension and revival of easements (Ss 37-51), Licenses, Definition, Ingredients and Revocation of Licenses (Ss 52-64)

(5) Leading Cases:

1. Nainsukhdas Shivnarayan Vs. Goverdhan das AIR 1948, Nagpur 110.

2. Associated Hotel of India Vs. R.N. Kapoor AIR 1962, SC 1262.

3. Jama Masjid Vs. Koci Manindra Deviah and other, AIR 1962, SC 807.

4. Kedarnath Vs. Shivnarayan AIR 1970, SC 1717.

5. Kanji Manji Vs. Trusters of Port of Bombay AIR 1963, SC 268.

6. Murari Lal Vs. Devkaran AIR 1965, SC 225.

Books Recommended

1. Transfer of Property Act Mulla

2. Sampatti Antaran Adhiniyam G.P. Tripathi

3. Sampati Antaran Adhiniyam S.N. Shukla

4. Transfer of Property Act 1882 S.N. Shukla

5. Law of Easement S.T. Desai

6. Transfer of Property Act, 1882G.P. Tripathi