TRANSFER OF PROPERTY LAW II

INTRODUCTION

No one can deny the significance of property in today’s socio-economic world. Disputes relating to disposition of property are dominating in courts, thereby stressing the necessity of understanding various concepts of transfer of property and laws relative thereto. The Transfer of Property Act defines certain expressions used in relation to transfer of property and amends the  prevailing rules governing the same.Therefore,the Transfer of Property Act, 1882 not only define but also amend the current  laws, and does not  introduce any new principle. It is based on equitable principles of  justice and good conscience.16 The main objects of Transfer of Property Act were  to bring the rules which regulate the affairs of transfer of property and  to complete Contract Act provisions.

This 3 credit hours course is designed to make students conversant with certain fundamental legal principles related to law of transfer of property. The Syllabus emphasizes the structural arrangement of provisions relating to the prominent types of transfers of properties in Pakistan and their relevance in the context of development of Property Jurisprudence. The study is in continuation of Transfer of Property Law I. It’s designed to create awareness among students about fundamenal concepts of the transfer of property by act of parties.

INTENDED LEARNING OUTCOMES:

The study will enable the students to know about:

• The respective rights and liabilities of parties with special reference to transfer of property and the consequences in case of default by any one of them.
• Application of transfer of property laws in Pakistan
• After successful completion of the course, the law graduates will better utilize these statutes in their legal practice.
• Current lacunas involved in transfer of property and remedies available under transfer of property laws in Pakistan

READINGS

• The Transfer of Property Act,1882 byM.Mahmood.
• The Transfer of Property Act,1882 by
• Bharuka G.C., Mulla’s Transfer of Property Act 1882, Lexis Nexis Buttherworths, Edition 10 (2006).
•  Sarthi, Vepa. P., Transfer of Property, Eastern Book Publication, (2005).
• Subbarao, Transfer of Property, (1997), Eastern Book Publication
• Transfer of Property by Frani.
• Mulla on Transfer of Property Act.
• Transfer of Property by Shaukat Mahmood.
• Transfer of Property Act by Sardar Muhammad Iqbal Khan Mokal.

• Note: Students are expected to read latest journals, periodicals, reports and articles to keep abreast with the recent trends and developments in this area of Law.

CONTENTS

• Mortgage-General, Mortgagor mortgagee, mortgage money &mortgage deed define. Simple Mortgage, Mortgage by conditional sale, usufrucuary Mortgage, English Mortgage , Mortgage by deposit of title deed, Anomalous Mortgage , Mortgage when to be by assurance, Rights and Liabilities of Mortgagor. Right of mortgagor to redeem, Redemption of portion of mortgaged property, obligation to transfer to third party instead of retransfree to mortgagee, Right of inspection and production of documents, Right of usufructuary mortgagor to recover possession .Accession to mortgaged property, Renewal of mortgage lease, implied contract by mortgagor, Mortgagor power to lease, Waste by Mortgagor in possession.
•  Rights and Liabilities of Mortgagor Right to foreclosure\Sale, Mortgagor when bound to bring one suit on several mortgagor, right to sue mortgage money.
• Priority, Postponement of prior mortgagee, mortgage to secure uncertain amount when maximum is expressed. Marshalling and contribution. Marshalling securities, Contribution of mortgaged debt, power to deposit in court money due on mortgage, right to money deposited by mortgagor, cessation of interest.
• Foreclosure and Sale. Redemption, Anomalous mortgage, Rights and Liabilities of parties to Anomalous mortgage.
• Charges, no merger in case of subsequent encumbrance. Notice & Tenders. Service or tender on or to an agent, Notice to and by person incompetent to contract, power to make rules.
• Lease of immoveable property. Definitions, duration of certain leases in the absence of written contract or local usage ,lease how made, rights and liabilities of lessor and lessee, rights of lessors transferee, exclusion of day on which term commences, Duration of lease for year, option to determine lease, determination of lease, waiver of forfeiture, waiver or notice to quit, relief against forfeiture for non-payment of rent and certain other cases, effect of surrender or  forfeiture on under lease, effect of holding over, exemption of lease for agricultural purposes
• Exchange. Defined, Right of party deprived of thing receieved in exchange, rights and liabilities of parties, exchange of money.
• Gifts. Defined, Acceptance e when to be made, transfer how affected, gifts of existing and future property, gifts to several of whom one doesn’t accept, when gift may be suspended or revoked, onerous gifts, universal done, Donations mortis cause and Muhammadan law.
• Transfer of Actionable claims. Transfer of Policy of marine insurance, notice of transfer, mortgaged debt, assignment of rights under policy of insurance, assignment of rights under policy of marine  insurance, incapacity of officers connected with Court of justice
• ‘Power of sale when valid, Appointment of receiver, accession to mortgaged property, Renewal of mortgagee in possession, right to proceed of revenue sale or compensation on acquisition, liabilities of mortgagee in possession, loss occasioned by default, receipt I n lieu of interest.
• Class Timings:LLB 3 years session :2018-21 A&B 

      Monday     8:00 AM to 9:30 am

      Tuesday     8.00 AM to 9:30 am

  Assesment Criteria:

  Sessional: 20 [Assignments (05) Presentations (05) Quiz (05) Attendance (05)]

  Mid Term (Term paper): 30

  Final Term: 50

• Total Lessons14
• Department Law College
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• Teacher : Mian Ahmad nawaz