BPL101 | Property Law

This course provides a comprehensive examination of real property and the legal framework governing its transfer through specific modes, including sale, mortgage, lease, exchange, and gifts. Given the increasing significance of property law—from the colonial period to post-independence India, which has undergone a substantial transformation from an agrarian economy to one centered on industry and services—its study assumes particular importance.

To foster a holistic understanding of property law and its contemporary relevance, the course begins with a theoretical exploration of the concept of property. It further acquaints students with property rights and their interrelation with various conceptions of justice, as articulated by select political theorists. The course subsequently examines the historical context of land distribution in pre-independence India and critically engages with constitutional debates surrounding the balance between private property rights and public interest.

Within this framework, the course transitions to its principal area of focus—the Transfer of Property Act, 1882 (TP Act)—along with its subsequent amendments and key judicial precedents governing property transfers in India. Given the contemporary significance of real estate transactions, the course also explores the fundamental principles of the Real Estate (Regulation and Development) Act, 2016, analyzing its interpretation through recent judicial rulings.

In addition to these core statutes, the course introduces students to legal concepts ancillary to property law, specifically easements by examining pertinent provisions of the Indian Easements Act, 1882.

Finally, with a view toward the practical implications of property transactions, the course concludes by addressing the impact of digitization on land titling, with a particular focus on the digitization of land records in Karnataka.