Law of Property (Transfer of Property, Easements and Wills)

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Description
"Law of Property" is a core subject for Law students form the inception of teaching law. This subject deals with the Transfer of Property Act, 1882, Indian Easements Act, 1882 and Testamentary Succession. Though there are many books on the above Acts related to property, there are few student text books based on the syllabi of Bar Council on Law of Property. An attempt has been made by the author to bring this subject within the reach of the law students by presenting the subject in simple language and in lucid style. This text book has been presented based on the syllabi of Bar Council of India, National Law Institutes and of different Universities. No text book written can claim originality of throught as the prescribed topics have to be explained based on the references. The author has referred to the books listed in Bibliography and he expresses his profound gratitude to the eminent authors and publishers of those books referred to. The readers are advised to use this text-book for academic purpose only.
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Contents
Unit I Property and Its Transfer
Chapter 1 : Introduction and Historical background of the Transfer of Property Act, 1982
Chapter 2 : Meaning and Concept of Property and Kinds of Property
Chapter 3 : Definition of ‘Transfer of Property’ (Sec. 5)
Chapter 4 : Transferable and Non-transferable Property
Chapter 5 : Who Can Transfer? (Sec. 7)
Chapter 6 : Operation of Transfer (Sec. 8)
Chapter 7 : Mode of Transfer
Chapter 8 : Void Conditions
Chapter 9 : Transfer to Unborn Person (Sec. 13)
Chapter 10 : Rule against Perpetuity (Sec. 14)
Chapter 11 : Vested and Contingent Interest (Sec. 19-24)
Chapter 12 : Conditional Transfer – Unlawful Conditions-Condition precedent and
                       Condition Subsequent
Unit II : Election, Appointment and Transfer of Immovable Property
Chapter 1 : Doctrine of Election (Sec. 35)
Chapter 2 : Principle of Apportionment (Secs. 36 & 37)
Chapter 3 : Transfer of Immovable Property (Secs. 39-53A)
Chapter 4 : Convents (Sec. 40)
Chapter 5 : Transfer by Ostensible Owner (Sec. 41)
Chapter 6 : Doctrine of Feeding the Grant by estoppel (Sec. 43) or Law relating to Transfer by
                     unauthorized person who subsequently acquires interest in property transferred
Chapter 7 : Improvements made by Bona fide Holders under Defective Titles (Section 51)
                     and the Doctrine of Equitable Estoppel by Acquiescence
Chapter 8 : Doctrine of Lis Pendens (Sec. 52)
Chapter 9 : Fraudulent  Transfer (Section 53)
Chapter 10 : Doctrine of Part-performance (Sec. 53-A)
Unit III : Specific Transfers-Sale, Mortgage and Charge
Chapter 1 : Sale of Immovable Property (Sec. 54)
Chapter 2 : Rights and Liabilities of Parties in a Sale (Secs. 55-57)
Chapter 3 : Mortgage (Secs. 58(a) & 59-A)
Chapter 4 : Kinds or Classification of Mortgages (Secs. 58(b) to (g) & 59)
Chapter 5 : Rights and Liabilities of Mortgagor (Secs. 60-66)
Chapter 6 : Rights and Liabilities of Mortgagee (Secs. 67-79)
Chapter 7 : Marshalling, Contribution and other issues (Secs. 81-98)
Chapter 8 : Charges and Mergers (Secs. 100-104)
Unit IV : Lease, Exchange, Gifts and Actionable Claims
Chapter 1 : Lease-features and Kinds (Sec. 105-107; 110 & 117)
Chapter 2 : Rights and Liabilities of lessor and lessee and rights of lessor’s
                     transferee Sec. 108 & 109
Chapter 3 : Termination of lease of immovable Property
                    (Circumstances under which a lease determines)
Chapter 4 : Forfeiture and Effort of Holding over (Secs. 111(g), 112, 114, 114A-115 & 116)
Chapter 5 : Exchange (secs 118-121)
Chapter 6 : Gifts (Sec 122-129)
Chapter 7 : Law Relating to transfer of Actionable Claims (Secs. 130-137)
Unit V : Easements and Wills
Chapter 1 : Easement
Chapter 2 : Licences and Distinction between Lease and License
Chapter 3 : Dominant and Servient Tenements
Chapter 4 : Will (Succession Act, 1925)
Bibliography
Subject Index
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Author Details
Dr. S.R. Myneni, M.A., M.Ed., LL.M., Ph.D., P.G. Diploma in Journalism & Mass Communication, P.G. Diploma in Econometrics, P.G. Diploma in Mathematics Ekadhika in Vedic Mathematicss, Rashtra Bhasha Praveena (Hindi) Diploma in Russian Language.
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