Content text LB-502 Property Law.pdf
Himachal Pradesh National Law University, Shimla Semester 5th Academic Session 2024-25 Paper Code: LB 502 Page1 TRANSFER OF PROPERTY ACT, 1872 Course Outline: Property is an important jurisprudential concept which has various facades. The object of this subject is to explore into those various concepts by dealing different principles laid down in The Transfer of Property Act, 1882 with a contemporary analysis. The course aims to equip students with knowledge to understand intricate issues involved in transfers of immovable property. Course Objectives: -The primary objectives of this course are: 1. To equip students with an in-depth knowledge of the Transfer of Property Act, 1882, including its key provisions, definitions, and principles governing the transfer of property. 2. To develop students' abilities to interpret and analyze the legal provisions of the Act, enabling them to apply these principles to real- life scenarios and case studies. 3. To teach students about the rights and liabilities of the parties involved in various types of property transfers, including sales, mortgages, leases, exchanges, and gifts, ensuring they can navigate and manage these transactions effectively. 4. To foster the ability to critically analyze landmark judgments and case laws that have interpreted and shaped the Transfer of Property Act, providing students with insights into judicial reasoning and its impact on property law. Learning Outcome: - The learning outcomes of this course are:- 1. To gain a thorough understanding of essential legal concepts, such as ownership, possession, property, and title. 2. To analyze the general principles of property transfer, including sale, mortgage, lease, gift, exchange, and actionable claims under the Transfer of Property Act. 3. To develop skills to critically analyze various property-related transactions, such as mortgage, lease, and gifts, along with their legal effects. 4. To enhance the ability to solve property-related disputes through legal reasoning and knowledge of judicial precedents.
Himachal Pradesh National Law University, Shimla Semester 5th Academic Session 2024-25 Paper Code: LB 502 Page2 Pedagogy: Property law involves a structured approach to teaching and learning the principles, doctrines, and applications of property rights within legal frameworks. It is integrating theoretical foundations with practical examples to enhance understanding and application. It begins with establishing foundational concepts such as ownership, possession, and property interests, clarifying their historical evolution and contemporary legal interpretations. Emphasis is placed on engaging students through case studies, and simulations that simulate real-world scenarios to foster critical thinking and analytical skills. Furthermore, the syllabus is addressing to the complexities of property law, including issues of equity, land use regulations, and emerging challenges. Integration of interdisciplinary perspectives, including economics, sociology, and environmental studies, enriches the learning experience by broadening the understanding of property's social and economic implications. Active learning techniques, collaborative projects, and debates encourage students to explore diverse viewpoints and develop persuasive arguments. By fostering a comprehensive understanding and practical application of property law principles, this prepares students to navigate the complexities of property disputes and contribute meaningfully to legal practice and policy development. Evaluation: (Maximum Marks 100) (4 Credits) Sr. No. Component Weightage 1. Written Assignment and Presentation 25 (15+10) 2. Mid-Term Examination 25 3. End-Term Examination 50 Course Outline and Teaching-Learning Plan The Course Content is divided into four modules; each module consists of five sub topics. The number of lectures to be delivered for each sub topic and contents covered under the sub topic is specified briefly.
Himachal Pradesh National Law University, Shimla Semester 5th Academic Session 2024-25 Paper Code: LB 502 The course shall be covered by classroom lecture of 60 hours (48 classes) in addition to tutorials, assignments-presentations, examinations and other activities. Each Module must have minimum of 9 classes, however, all four modules must be finished in not less than 48 classes. S.No. Sub-modules Number of Lectures Content Module 1 : Introduction: Concept of Property and Principles Relating to Transfer of Property 1.1 Meaning and concept of Property: Distinction between Movable and Immovable Property; Attestation; Notice 4 This section explores the foundational aspects of property law. It begins with defining property under Indian law and discussing the bundle of rights associated with ownership. It then delves into distinguishing between immovable (real) and movable (personal) property, highlighting their respective legal implications. The concept of attestation in legal documents is examined next, emphasizing its role in ensuring document validity and authenticity. Lastly, the importance of notice in property transactions is explored, covering constructive and actual notice and their significance in protecting the rights of parties involved. Practical examples and case studies enrich understanding of these concepts in real-world Page 3