LPL102 | Property Law

This course explores the study of real property and the legal frameworks that govern its transfer, including methods such as sale, mortgage, lease, exchange, and gifts. Given that property law has played a pivotal role from colonial times through post-independence India—especially as the country transitioned from an agrarian economy to one focused on industry and services—its study remains highly relevant.

To provide a comprehensive understanding of property law, the course begins with a theoretical overview of the concept of property. It introduces students to the relationship between property rights and theories of justice, as put forth by several political thinkers. The course then examines the inequitable land distribution systems prevalent in pre-independence India, before addressing the constitutional debates surrounding the need to balance private property rights with public interest.

The central focus of the course is the Transfer of Property Act, 1882 (TP Act), its amendments, and significant judicial decisions concerning property transfers in India. Given the increasing importance of real estate in today’s world, the course also covers the Real Estate (Regulation and Development) Act, 2016 (RERA) and its interpretation through recent court rulings. Additionally, students will be introduced to the Indian Easements Act, 1882, which complements property law by addressing the legal concept of easements.

Keeping in mind the practical relevance of property transfers, the course concludes by introducing students to the effects of digitization on land titling, particularly through a study of digitization of land records in Karnataka.