Law of Transfer of Property, Registration and Stamp

Law of Transfer of Property, Registration and Stamp

The Transfer of Property Act, 1882:

Historical Background and Object of Transfer of Property Act; Nature and Scope of the Law of Transfer of Property, Definition and Classification of Property; Notice, Actionable Claim, What may be Transferred, Who can Transfer, Oral Transfer, Condition Restraining Alienation, Transfer to Unborn Person, Vested Interest, Contingent Interest, Conditional Transfer, Feeding the Grant by Estoppel, Transfer by Co-owner, Rule of Priority, Doctrine of Lis Pendens, Doctrine of Election, Fraudulent Transfer, Part Performance;

Sale, Contract for Sale, Rights and Liabilities of Seller and Buyer, Marshalling by Subsequent Purchaser;

Mortgage, Kinds of Mortgage, Rights and Liabilities of Mortgagor and Mortgagee, Law as to Priority, Marshalling Securities and Contribution, Subrogation, Prohibition of Tacking,   Doctrine of Redemption, Charges;

Lease of Immovable Property, Duration of Lease and How Leases are made, Rights and Liabilities of Lessor and Lessee, Determination of Lease, Forfeiture of a Lease and Holding Over; Exchange of Immovable Property; Gifts;

The Registration Act, 1908:

Applicability and Scope of the Act, Objectives of Registration, Registrable Documents, Documents requiring Compulsory Registration, Documents whose Registration is Optional, Time and Place of Registration, Effects of Registration and Non?registration, Duties and Powers of Registering Officers, Remedies available in the Events of Refusal of Registration,

The Stamp Act, 1899:

Purpose of the Act, Definition Clause, Stamps and Mode of Using them, Time of Stamping Instruments, Conversion of amount expressed in Foreign Currencies, Procedure of Valuation of Stock and Marketable Securities, Duties by Whom Payable, Adjudication of Stamps, Examination and Impounding of Instruments, Reference, Revision, Criminal Offences Relating to Stamps and Subsequent Procedures;

Relevant Laws:

1.   The Transfer of Property Act, 1882

2. The Registration Act, 1908

3. The Stamps Act, 1899

Books Recommended:

1. Law of Transfer of Property Act (3rd Edition) 2004 by DLR Publication

2. Law on Transfer of Property by S. N. Shukla

3. Law of Transfer of property by Kazi Abdul Aziz

4. Transfer of Property Law by N. H. Jhavala

5.  Law of Transfer of Property by Abdul Matin

6. Transfer of Property Act by D. F. Mulla

7. Transfer of Property Act by B. B. Mitra

8. The Transfer of Property Act by P. Tripathi

9.   The Transfer of Property Act, 1882 by Muhammad Akbar Awan & Ehsanullah Khan Lilla

10. Transfer of Property Act by Shaukat Mahmood

11. The Registration Act (3rd Edition) 2005 by DLR Publication

12. Registration Act by Shoukat Mahmoood

13. Registration Act by PLD Publication

14. Indian Regisraion Act by D F Mullah

15. The Stamps Act, 1899 by DLR Publication

Leading Cases:

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)

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