HOW TO STUDY PROPERTY LAW?

HOW TO STUDY PROPERTY LAW?

In all Law Schools, property law is taught as a compulsory subject but it is very sorrow state of affair that only Transfer of Property act, 1882(hereinafter referred as TPA) is taught. It is humble submission of author that TPA should not be taught in solo but the allied statutes (which are mentioned below) should also be taught when one is studying property law.

The allied statute which should be read together with TPA are

1. Registration Act, 1908

2. Stamp Act,1899 (both Central and State specific)

3. Specific Relief Act, 1963

4. Easement Act, 1882

5. Trust Act,1882

6. Limitation Act, 1963

7. Civil Procedure Code, 1908

The Author in brief will explain which are the important concepts in these allied statutes impact the working of TPA in real life.

1. Registration Act, 1908(hereinafter referred as RA)

Registration Act,1908 was enacted to consolidate the law relating to registration of documents. Most importantly, the act contains definition clause defining the term immovable property (S. 2(6)). The term is vividly defined in the act which was omitted by the legislature in TPA. Apart from this another important provisions are contained in PART III[ of Registrable Document] in RA, which tells us which document are compulsorily registrable and which are optionally registrable. Adding to this Part X of RA tells us the effect of registration and non-registration. According to the Part X if a document relating to property is compulsorily registrable but it is not registered then the property does not divest.

1. Stamp Act(s)

Stamp Act is a fiscal statute laying down the law relating to tax levied in the form of stamps on instruments recording transactions. The States by virtue of the legislative entry 63 in the State List in the 7th Schedule of the Constitution has enacted Stamp Act which deals with property transactions. It the stamp duty is not paid under the respective state law Stamp Act then the property is not divested and the buyer get an imperfect title.

1. Specific Relief Act,1963 (hereinafter referred as SRA)

SRA in general deals with the relief which the civil court is competent to grant. So far as its relationship with property law is concerned, there are 3 major remedy in SRA which are granted by civil courts:

1. Remedy against unlawful dispossession from the immovable property(S. 6)

2. Suit for declaration( S. 34)

3. Injunction(S. 36 to S. 42)

4. Easement Act, 1882

The Easement Act deals with the easementary rights like right to way, water,air etc which are necessary for full enjoyment of property rights in house or land. Interalia the Easement Act deals with the concept of Licenses under S. 52 and this concept of license is important to understand when one is studying lease under TPA

1. Trust Act, 1882

Trust Act should be read together with TPA and SRA for the better understanding of property law. More specifically, Section 91 of the Indian Trusts Act, 1882 read with Section 19(b) of the Specific Relief Act, 1877 read with Section 40 of the Transfer of Property Act. The conjoint reading of these section leads to the interpretation that where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which a specific performance could be enforce, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract.[ For further information read the case of Lala Durga Prasad v. Lala Deep Chand, 1954 SCR 360, Vasantha Viswanadhan v. V.K. Elayalwar [(2001) 8 SCC 133]]

1. Limitation Act, 1963

Limitation Act contains the concept of Adverse Possession under S. 27 which is very intrinsic to property law domain. The Schedule which is appended to the Act contains time-limit within which the various suit for property should be brought.

1. Civil Procedure Code, 1908

CPC is complementary to TPA so as far as it states that where the property suit should be brought and which court will have the jurisdiction to try the property dispute. The concept of suit for redemption of mortgage and attachment of property in execution should be made a passing reference while dealing with property law.

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