| Property Law

The course focuses on the study of real property and the laws pertaining to its transfer, through specific modes such as sale, mortgage, lease, exchange and gifts. As property law is an area that has growing relevance, right from colonial days to post-independent India, which has witnessed a rapid transition from an agrarian to industrial and service centered economy, its study gains added significance.

In an effort to have a holistic understanding of property law and its significance today, the course briefly forays into a theoretical introduction to the concept of property. The course also seeks to acquaint students with property rights and their relationship with certain conceptions of justice, as espoused by a few political theorists. It then moves on to introduce the uneven land distribution systems in India prior independence before delving into the debates surrounding the constitutional provisions that aim to balance private property and public interest.

Against this backdrop, the course moves on to the focal point of study, the Transfer of Property Act, 1882, (TP Act) its subsequent amendments and relevant judicial precedents pertaining to transfers in India. In light of the contemporary relevance that real estate transfers have come to acquire, the course proceeds to discuss the fundamental concepts of the Real Estate (Regulation and Development) Act, 2016 and its interpretations with the aid of recent judicial decisions. Apart from the aforementioned statutes, the course also introduces students to easements and trusts, which are ancillary to the study of property by drawing relevant provisions from the Indian Easements Act, 1882 and Indian Trusts Act, 1882.

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.

Objectives

• Study the concept of property and gain a primary understanding of the history of property as well as property relations in India
• Study the foundational principles of transfer of property law.
• Study specific transfers, including sale, mortgage, lease and gift and understand the practical aspects pertaining to such transfers by studying relevant laws relating to registration, easements, trusts and stamp duty.