PRL201 | Property Law

According to Granville Austin, after 1947, India had set about on another revolution, social revolution. It was the mode to beget the cherished value of equality. A revolution to establish equality in all aspects of social life. The value of equality was not germane to Indian society which was stratified due to many reasons, one among them being property ownership pertinent to the feudal system. The nature of property holding led to different forms of inequality like the concentration of wealth with a few to denial of basic rights to a sizeable number in society. In the working of our constitution one of the prime and early means adopted to realise equality was through land reform and redistribution of resources. From the period of reorganization of land ownership to the current day land acquisition, property is a focal point of wide and varied categories of law and litigations.

Property in its multifarious dimensions is of inherent value to human life. In an agrarian economy it had tremendous significance. The transition of Indian economy from agrarian to industrial and service sectors however, have not diminished the relevance of property. It is both an interesting and highly relevant area of study. Property has social, economic, political and cultural significance. Property is an extensive and exciting subject with a kaleidoscopic magnitude.

“Transfer of Property Law and Practice” (hereinafter TPLP) essentially forms core part of ‘Commercial Laws” offered in sizeable number of courses all through in the form of compulsory taught, optional seminar and intensive courses. TPLP takes within its fold substantive, procedural and evidentiary aspects. TPLP Course deals with foundational legal principles pertaining to distinct forms of transfer of property along with associated dimensions including registration, easements and stamp duty. Accordingly, the course covers significant common law principles along with statutory principles as envisaged under Statutes like Transfer of Property Act, 1882, Registration Act, 1908, The Easements Act, 1882 and Stamp Act (both Central  and select State jurisdictions !).The choices of materials include, statutes, judicial decisions and identified textbook.