Course Description

This course builds upon concepts introduced in the undergraduate Property Law course,  including – ownership, possession, notice, title, registration, transfer of property, and the  distinction between proprietary and contractual claims. However, the course moves beyond  a foundational treatment of these doctrines to examine how Indian private law recognises,  structures, and resolves proprietary claims across fragmented doctrinal sources. More  particularly, this course focuses on the question of title in Indian property law, and the ways  in which Indian law accommodates varying (and perhaps even overlapping) interests in  property.

The course proceeds from the view that Indian property law is both historically layered and  fragmented across statutes, equitable principles, and judicial doctrine. It therefore seeks to  study how Indian private law recognises, structures, prioritises, and resolves competing  proprietary claims. In doing so, the course engages with a range of advanced questions  concerning title, possession, equitable interests, registration, third-party rights, tracing,  proprietary restoration, and the numerus clausus principle.

The course is intended for those interested in private law, property rights, doctrinal and  theoretical approaches to law, and the study of property law as a distinct field of legal  scholarship and practice.