Description
Course Objectives:
The focus of this course in on the study of the concept of ‘Property’ the’ nature of property rights’ and the general principles governing the transfer of property. The objective of this course is to enable students to understand the basic philosophy of property law and its nuances and to develop a sound grasp of the foundation of the laws relating to transfer of property including gaining knowledge about the concept of property and kinds of property as well as understanding the general principles governing transfer of property.
The intention is to facilitate a study of the substantive law on transfer of property, pertaining to specific modes of transfer of property, inter vivos, including sale, mortgage, lease, gift, exchange and transfer of actionable claims and to appreciate the implications of registration and stamp duty thereon.
This course includes Indian Easements Act, 1882 for study.
The course provides an insight on the kinds of stamps, adjudication, liability to pay stamp duty, time for payment of stamp duty, ramification of non-payment or insufficient payment and allowances for stamps together with knowledge of documents requiring compulsory registration, time for registration and understanding the consequences of non-registration.
Course Outcomes:
After completing this course, the students will be able to:
1. Understand the theoretical basis of the general principles governing transfer of property.
2. Analyze and understand the practical application of the legal provisions pertaining to specific modes of transfer of property.
3. Understand the law and applicability of easements in India
4. Assess the estimation of stamp duty payable as well as the timelines within which stamp duty is required to be paid on an instrument.
5. Assess the requirement of registration for a document and the timelines within which a document needs to be registered.
6. Interpret the relevant judicial precedents on transfer of property, stamp duty, registration and matters ancillary and incidental thereto.
