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Property Law

Semester 2 · 21 topics in 5 units

Past question papers for Property Law

Unit I 5 topics

  1. Transfer of property: meaning and what may be transferredThe definition of transfer in section 5, what counts as immovable property, the general rule that all property is transferable and the list of things section 6 takes out of it, and when a transfer can be made orally.8 min
  2. Persons competent to transfer and operation of transferWho may transfer property under section 7, why a minor's transfer is void after Mohori Bibee, whether a minor can be a transferee, and what passes on a transfer under section 8.6 min
  3. Conditions restraining alienation and repugnant restrictionsWhy a condition absolutely restraining the transferee from alienating is void under section 10, when a partial restraint survives, the lease and married-woman exceptions, directions repugnant to an absolute interest under section 11, and conditions on insolvency under section 12.6 min
  4. Transfer for the benefit of an unborn person and the rule against perpetuityHow property can reach a person not yet born through a prior interest and an absolute interest under section 13, the perpetuity period in section 14 and its exceptions, class gifts, the rule on accumulation and the public benefit exception.7 min
  5. Vested and contingent interests, and conditional transfersThe difference between a vested and a contingent interest under sections 19 and 21, conditions precedent and subsequent, void conditions under section 25, the rule of acceleration in section 27 and the fulfilment rules in sections 26 and 29 to 34.8 min

Unit II 5 topics

  1. Doctrine of electionWhy a person who takes a benefit under an instrument must accept the whole of it, the essentials of election under section 35, the consequences of confirming or dissenting, and how election is made expressly or by conduct.6 min
  2. Ostensible owner, feeding the grant by estoppel and transfer by co-ownerWhen a transferee from a person who only appears to be owner is protected under section 41, how an unauthorised transfer is fed by later-acquired title under section 43, a co-owner's power to transfer his share and the dwelling-house rule in section 44, and joint transfers under sections 45 to 47.7 min
  3. Apportionment, priority of rights, rent paid in good faith and improvementsApportionment of periodical payments by time under section 36 and of the benefit of an obligation on severance under section 37, the rule of priority in section 48, protection of a tenant who pays rent in good faith under section 50, and the rights of a bona fide holder who improves property under section 51.8 min
  4. Doctrine of lis pendensWhy property in dispute cannot be transferred so as to defeat the decree under section 52, the essentials of the doctrine, its effect on a transfer made pendente lite, and the leading Supreme Court decisions.7 min
  5. Fraudulent transfer and part performanceWhen a transfer made to defeat creditors or a later transferee can be avoided under section 53, and how section 53A protects a buyer in possession under an unexecuted contract, with the 2001 registration requirement, the essentials and the shield-not-sword rule.7 min

Unit III 3 topics

  1. Mortgage: definition and kindsThe six kinds of mortgage under section 58 of the Transfer of Property Act, how a mortgage by conditional sale differs from a sale with a right of repurchase, and the rule that nothing may clog the mortgagor's right to redeem.8 min
  2. Rights and liabilities of mortgagor and mortgageeRedemption and the mortgagor's other rights under sections 60 to 66, and the mortgagee's remedies of foreclosure, sale and suit for money, his power of sale out of court, and the duties of a mortgagee in possession.8 min
  3. Priority, marshalling, contribution and chargesWhich of several mortgagees is paid first, how marshalling and contribution share the burden of a debt among properties, when one who pays off a mortgage steps into the mortgagee's shoes, and how a charge differs from a mortgage.7 min

Unit IV 4 topics

  1. Sale of immovable propertyWhat section 54 means by a sale and how one is made, why a contract for sale and a power-of-attorney transaction pass no title, and the rights and liabilities of seller and buyer under section 55 before and after completion.7 min
  2. Lease of immovable propertyThe definition of lease in section 105, duration and notice under section 106 as amended in 2002, the rights and liabilities of lessor and lessee under section 108, how a lease ends, holding over, and the line between lease and licence.8 min
  3. Exchange and actionable claimsExchange under sections 118 to 121, the meaning of an actionable claim in section 3, and how such claims are transferred under sections 130 to 137, with the notice rule, the transferee's position and the exclusions.6 min
  4. Gifts under the Transfer of Property ActThe essentials of a gift under section 122, registration under section 123, why a gift of future property is void, when a gift may be suspended or revoked, onerous gifts, the universal donee, and the gifts the chapter leaves alone.6 min

Unit V 4 topics

  1. Trust: meaning and comparison with other relationshipsThe definition of trust in section 3 of the Indian Trusts Act 1882, its parts and its English roots, the scope of the Act, and how a trust differs from a debt, ownership, bailment, agency and contract.5 min
  2. Creation and kinds of trustsHow a private trust is created under sections 4 to 10 of the Indian Trusts Act, the three certainties, who may create, hold and benefit from a trust, and the kinds of trusts, including the obligations in the nature of trusts in sections 80 to 96.6 min
  3. Trustees: appointment, duties, rights and disabilitiesThe duties of a trustee under sections 11 to 22 of the Indian Trusts Act, liability for breach of trust, the trustee's rights and powers, the disabilities that keep him from profiting from his office, and how new trustees are appointed.7 min
  4. Rights of the beneficiary and extinction of trustsThe rights and liabilities of the beneficiary under sections 55 to 69 of the Indian Trusts Act, including the right to follow trust property, how a trustee's office is vacated, and how a trust is extinguished or revoked.7 min