B.A. LL.B.

(FIVE YEARS COURS)

LAW AND POVERTY
PROF. (DR.) VINOD KUMAR
MODULE ONE
1. General Status of Poverty in India
2. Conceptualizing Poverty and the Complexities in Conceptualization
MODULE TWO
Theories and Approaches to Poverty
a. Absolute Poverty Approach
b. Chronic Poverty Approach
c. Intergenerational Poverty
d. Relative Poverty Approach
e. Transient Poverty Approach
f. Value Judgement Approach
g. Liberal Approach to Poverty
h. Marxist Approach
i. Charity and Welfare Approach (poverty alleviation)
j. Empowerment and Right Based Approach
MODULE THREE
1. Quantification and Methodology of Measurement of Poverty
2. Indicators of Poverty
3. Politics of Poverty
4. Unidimensional versus Multidimensional Poverty
5. Economic Poverty versus Social/Structural/Institutionalized Poverty
6. Culture of Poverty
MODULE FOUR
1. Poverty and State (ideology and strategies)
2. Poverty and Religion
3. Poverty and Gender
4. Poverty and Caste
5. Poverty and Race
6. Economic Globalization and Poverty (World Bank, IMF and WTO)
7. Crime and Poverty and Poverty as Crime
8. Corruption and Poverty
MODULE FIVE
1. Relationship and Interface between Law and Poverty
2. Law as Monster and Law as Angel
a. Legal Response to Poverty (plundering laws versus protective laws)
b. Neoliberalism and Judicial Response to Poverty
c. Poverty and Civil Society (Social Response to Poverty)
Mandatory Readings-
1. Harsh Mander, Ash in the Belly
2. P. Sainath, Everybody Loves a Good Drought
3. David Harvey, A Brief History of Neoliberalism
4. Dr. B. R. Ambedkar, Annihilation of Caste
5. Upender Baxi, Law and Poverty
6. Uma Chakravarti, Brahmanical Patriarchy
7. Christopher Hitchens, God is Not Great
Course Title: Family Law-II
(Fourth Semester)

Faculty:

Prof.(Dr.) Anju Tyagi

National Law University, Delhi.
 Course Objectives
■ to teach both the legal theory and the application of
family law specially regarding Property (intestate &
testamentary succession)

■ to explain, analyze, apply and evaluate the legal rules,

concepts and values governing and regulating family
relationships relating to property matters(Separate and
Coparcenary Property);

■ to encourage an ability to critical analyze the laws

relating to succession ;

■ to make a Comparative Study of Personal Laws of

different Communities with refence to property matters.
 Teaching Methodology

■ Lecture Method

■ Socratic Method

■ Case Method

■ Discussion
 Evaluation Scheme

■ As per University Norms

 Course Outline
MODULE I : HINDU JOINT FAMILY AND COPARCENARY

MODULE II : LIABILITY OF JOINT FAMILY FOR FATHER’S DEBTS

MODULE III : PARTITION AND RE- UNION

MODULE IV : INTESTATE SUCCESSION UNDER DIFFERENT PERSONAL

LAWS

MODULE V : WILL (HINDU LAW AND MUSLIM LAW)

MODULE VI : GIFT (UNDER HINDU LAW AND MUSLIM LAW

MODULE VII : PRE-EMPTION UNDER MUSLIM LAW

MODULE VIII : RELIGIOUS AND CHARITABLE ENDOWMENTS

MODULE IX : MUSLIM LAW OF WAKF

MODULE X : DRAFTING OF PARTITION DEED AND WILL .

Module: I HINDU JOINT FAMILY AND
COPARCENARY

■ COMPOSITION,NATURE AND CONCEPT OF

JOINT HINDU FAMILY AND
COPARCENARY
■ PROPERTY IN HINDU LAW : KINDS AND
SOURCES OF PROPERTY- COPARCENARY
AND SEPARATE PROPERTY
■ KARTA
■ ALIENATION OF JOINT HINDU FAMILY
PROPERTY
■ Cases
1. Commissioner of Income Tax, Bombay v. Gomedalli Lakshminarayan
AIR 1935 Bom. 412

2. Moro Vishvanath v. Ganesh Vithal (1873) 57 Bom. H.C. Reports 444

3. Dipo v. Wassan Singh (1983) 3 SCC 376 : AIR 1983 SC 846

4. Commissioner of Wealth Tax v. Chander Sen (1986) 3 SCC 567 :

AIR 1986 SC 1753

5. M/s. Nopany Investments (P) Ltd v. Santokh Singh (HUF) 2007 (13)
JT 448

6. Hunoomanpersaud Panday v. Mussumat Babooee Munraj

Koonweree(1854-1857) 6 Moore’s Ind. App. 393 (PC)
 Cases
1. Dev Kishan v. Ram Kishan AIR 2002 Raj. 370

2. Balmukand v. Kamla Wati (1964) 6 SCR 321 : AIR 1964 SC

1385

3. Guramma Bhratar Chanbasappa Deshmukh v. Mallappa

Chanbasappa (1964) 4 SCR 497 : AIR 1964 SC 510

4. Arshnoor Singh v. Harpal Kaur (2020)14 SCC 436

5. Shyam Narayan Prashad v. Krishna Prashad (2018)7SCC 646

6. Rani v. Santa Bala Debnath (1970)3 SCC 722

Module II : LIABILITY OF JOINT FAMILY
PROPERTY FOR FATHER’S DEBTS

■ DEBTS OF FATHER

■ DOCTRINE OF PIOUS OBLIGATION

Module III: PARTITION AND RE- UNION
UNDER HINDU JOINT FAMILY

■ WHAT IS PARTITION
■ SUBJECT-MATTER OF PARTITION
■ HOW PARTITION IS EFFECTED
■ PERSONS WHO HAVE A RIGHT TO CLAIM ON
PARTITION AND WHO ARE ENTITLED TO A
HAVE SHARE
■ RULES RELATING TO DIVISION OF
PROPERTY IN PARTITION
■ RE-OPENING OF PARTITION
■ RE-UNION OF PARTITION
■ Cases:

1. Raghavamma v. A. Chenchamma (1964) 2 SCR 933 : AIR

1964 SC 136

2. Puttrangamma v. M.S. Ranganna (1968) 3 SCR 119 : AIR

1968 SC 1018

3. Kakumanu Pedasubhayya v. Kakumanu Akkamma 1959 SCR

1249 : AIR 1958 SC 1042

4. Namdev Vyankat Ghadge v. Chandrakant Ganpat Ghadge

(2003) 4 SCC 71
Module IV: INTESTATE SUCCESSION UNDER
DIFFERENT PERSONAL LAWS

■ SUCCESSION UNDER HINDU LAW : THE HINDU

SUCCESSION ACT ,1956

■ General introduction and the application of the Hindu

Succession Act, 1956
■ General Principles of Inheritance
■ Devolution of Mitakshara Coparcenary Property under
the Act
■ Devolution of Separate Property of a Male Intestate
■ Devolution of Separate Property of a Female Intestate
■ Disqualifications of Heirs
■ SUCCESSION UNDER MUSLIM LAW
■ General Rules of Inheritance of Muslim Law

■ Classification of heirs

■ Entitlement of Primary Heirs

■ Devolution of Property

■ SUCCESSION UNDER CHRISTIAN AND PARSIS

■ General Introduction - Indian Succession Act, 1925

■ Testamentary Succession : Wills- Section 58

onwards(relevant sections)
Cases:

■ Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum

(1978) 3 SCC 383 : AIR 1978 SC 1239
■ Vellikannu v. R. Singaperumal (2005) 6 SCC 622
■ Bhanwar Singh v. Puran AIR 2008 SC 1490
■ Santhoshd vs. Saraswathibai AIR 2008 SC500
■ V. Tulasamma v. Sesha Reddy (1977) 3 SCC 99 : AIR 1977 SC
1944
■ Jagannathan Pillai v. Kunjithapadam Pillai (1987) 2 SCC 572 :
AIR 1987 SC 1493
■ Bhagat Ram v. Teja Singh (2002) 1 SCC 210 :AIR 2002SC 1
■ Omprakash v. Radhacharan 2009 (7) SCALE 51
Cases
G. Sekar vs. Geetha AIR 2009 SC 2649

M. Yogendra and Others v N. Leelamma and Others (2009) 15 SCC

184

Jupudy Pardha Sarathy V. Pentapati Rama Krishna (2016)2 SCC 56253

Ranvir Dewan v. Rashmi Khanna (2018) 12 SCC1

Govindbhai Chhotabhai Patel v. Patel Ramanbhai (2020)16 SCC 255

Atma Singh v. Gurmej Kaur (2017)9 SCC 325

Arunanchala Gounder v. Ponnuswamy Civil Appeal No. 6659 of

2011, 2022 live law (SC) 71
 Recent Cases relating to section 6

■ Vineeta Sharma v. Rakesh Sharma (2020) 9

SCC 1
■ Danamma v. Amar (2018)3 SCC 348
■ Mangammal v. T.B.Raju Civil Appeal No.
1933 of 2009, 19 th April, 2018
■ Prakash v. Phulawati p(2016)2 SCC 36
■ Anar Devi v.Parmeshwar Devi AIR 2006 SC
3332
■ Uttam v. Saubhag Singh (2016)4SCC 68
Module V : WILL AND WASIYHAT (HINDU LAW AND
MUSLIM LAW)

The Laws of Wills is contained in the Indian Succession Act,

1925.(Sections 56 onwards) for Hindus, Christians ,Parsis and
Jews.
Muslims are governed by their own Personal Laws.

Cases:
■ Musa Miya Walad Mahammad Shaffi v. Kadar Bax Walad Khaj
Bax AIR 1928 PC 108
■ Valia Peedikakkandi Katheessa Umma v. Pathakkalan
Narayanath Kunhamu (1964) 4 SCR 549 : AIR 1964 SC 275
Module VI: GIFT OR HIBA (UNDER HINDU LAW \
AND MUSLIMS)

■ The Transfer of Property Act, 1882 deals with transfer

of property by way of gifts relating to Separate Property.
■ These provisions however do not apply to gifts made by
Muslims, who are consequently governed by the
provisions of Muslim Law.
Module: VII PRE-EMPTION

The law of Pre-emption is based upon the texts of Muslim

law .The right of pre-emption, or Shufa is a right to
acquire by compulsory purchase, in certain cases,
immovable property in preference to all other persons.
The object of the pre-emption is to prevent the
introduction of a stranger among co-sharers, participators
in appendages, and neighbors, so that no inconvenience
and disturbance is caused to them.
Module VIII: RELIGIOUS AND CHARITABLE
ENDOWMENTS

■ Gifts for religious and charitable purposes were

impelled by the desire to acquire religious merit.
■ They fall into two divisions, ista and putra ; the
former meant sacrifices and sacrificial gifts and the
latter meant charities .
■ The former led to heaven and the latter to moksha
or emancipation; charity was thus placed on a
higher footing than religious ceremonies and
sacrifices.
Module IX: MUSLIM LAW OF WAKF

■ The Law of Wakf is, the most important branch of

Muhammaden law , for it is interwoven with the
entire religious life and social economy of
Muslims.
■ The word Wakf literally means detention but in
Islamic law it means state lands which are
inalienable, used for charitable purposes; and pious
endowments.
Module X :DRAFTING OF PARTITION DEED AND
WILL
List of Statutes

■ The Hindu Succession Act,1956

■ The Hindu Gains of Learning Act,1930
■ Hindu Women’s Right to Property Act,1937
■ The Indian Succession Act ,1925
■ The Waqf Act ,1913
■ The Waqf Act,1995
■ The Wakf Act ,2013
Prescribed Books
■ Justice Ranganath Misra (Rev.) Mayne’s Treatise on
Hindu Law & Usage. ( 16th Edn. 2008)
■ Satyajeet A. Desai, Mulla’s Principles of Hindu
Law, Vol. I&II (17th Edn. 2007)
■ Mitra on Hindu Law (2nd Edn. 2006.)
■ Gaur’s Commentaries on the Hindu Law (2nd
Edn.2007)
■ Asaf A.A. Fyzee Outlines of Muhammedan Law (3rd
Edn. 2008)
■ M. Hidayatulla & Arshad Hidayatulla, Mulla’s
Principles of Mahommedan Law (19th Edn. 2006.)
■ Poonam Pradhan Saxena, Family Law Lectures
Family Law II (2nd Edn.)
Reference Books
■ J. Duncan M. Derrett, Introduction to Modern Law.
■ J. Duncan M. Derrett, A Critique of Modern Hindu Law.
■ J. Duncan M. Derrett, The Death of marriage Law.
■ J, Duncan M. Derrett, Essays in Classical & Modern Hindu
Law Vol, I, II, III, and IV.
■ A. N. Shah, Marriage and Divorce 6th Edn. 2002
■ Werner F. Menski Modern Indian Family Law.
■ Gooroodas Banergee, Hindu Law of Marriage and Streedhan.
■ B.R. Verma, Commentaries on Muhammedan Law.
■ Gupte, S.V., Hindu Law of Marriage.
■ Sen, P.N., General Principles of Hindu Jurisprudence.
■ Baillie, Digest of Muhammedan Law.
 Teaching Plan (Family Law II)
II Year – IVSemester

S.
WEEK MODULE TOPIC
No.
1 1st Feb. -12th Feb,2022 Module I HINDU JOINT FAMILY AND COPARCENAR

2 14th Feb-19th Feb,2022 Module II LIABILITY OF JOINT FAMILY FOR FATHE’R DEBTS

3 21st Feb - 5th Module III PARTITION AND RE- UNION

March,2022

4 7th March -16th Module IV INTESTATE SUCCESSION UNDER DIFFERENT

April,2022 PERSONAL LAWS

5 18th April - 30th Module V WILL (HINDU LAW AND MUSLIM LAW)
April,2022

6 3rd May -14th May,2022 Module VI GIFT (UNDER HINDU LAW AND MUSLIM LAW)

7 16th May -28th May,2022 Module IX -X MUSLIM LAW OF WAKF DRAFTING OF PARTITION
DEED AND WILL .
Thank You
 Materials and Cases on Law of Property

B.A., LL.B. (Hons.), II Year- IV Semester

Compiled and Edited by

Dr. Prem Chand

Introduction

The question what is property, was raised about a century ago by a French thinker, Proudhon, and he gave
an answer by declaring that, “property is robbery.” “Property” could mean, either ownership, or the object
of ownership, or valuable things according to the context, including corporeal as well as incorporeal
things. Ownership is differentiated from possession.

In describing property as “right”, it is distinguished from “interest”. A right is a juristic concept. The
logical sequence is interest, right, duty, action, remedy. To secure the interest recognized and delimited by
the law, it confers a legal right, which is secured by imposing a corresponding duty. To enforce the duty it
allows an action, which has for its end a legal remedy. But historically, the order of development is the
reverse. Rights are interests protected by legal rules. But they are not identical. Interests are things which
are to a man's advantage: he has an interest in his freedom or reputation. His rights to these protect the
interests which form the subject of his rights. To say he has an interest in his reputation means that it is to
his advantage to enjoy a good name; to say he has a right to this is to imply that others ought not to take
this from him.

Property in legal sense means an aggregate of rights which are guaranteed and protected by law. It extends
to every species of valuable right and interest, more particularly, ownership and exclusive right to a thing,
the right to dispose of the thing in every legal way, to possess it, to use it, and to exclude everyone else
from interfering with it. The dominion or indefinite right of use or disposition which one may lawfully
exercise over particular things or subjects is called property. The exclusive right of possessing, enjoying,
and disposing of a thing is property in legal parameters. Therefore, the word 'property' connotes everything
which is subject of ownership, corporeal or incorporeal, tangible or intengible, visible or invisible, real or
personal; everything that has an exchangeable value or which goes to make up wealth or estate or status.
Property, therefore, within the constitutional protection, denotes group of rights inhering citizen's relation
to physical thing, as right to possess, use and dispose of it in accordance with law. In Ramanatha Aiyar's
The Law Lexicon, Reprint Ed. 1987 at p. 1031 it is stated that the property is the most comprehensive of
all terms which can be used, inasmuch as it is indicative and descriptive of every possible interest which
the party can have. The term property has a most extensive signification, and, according to its legal
definition, consists in free use, enjoyment, and disposition by a person of all his acquisitions, without any
control or diminution, save only by the laws of the land.

Locke avoids justifying property on the ground that “the law” protects it and, goes back to the law behind
the law, the law of nature, according to which man's property is his own body, also extends to its labour.
ii
According to him, labour creates property: the human effort mixed with natural resources is the criterion
that justifies private property. Locke stresses that property precedes government and men give up the state
of nature for government for the preservation of “life, liberty and pursuit of happiness.” The 14lh
Amendment to the Constitution of the United States embodies the Lockean concept of property, that no
state shall “deprive any person of life, liberty or property, without due process of law.”

Right to transfer of property is as important as the right to property itself. In fact, the manner in which one
is able to transfer the property he/she owns determines the quality of this jurisprudential right. Moreover,
in today’s economic scenario, matters have become more significant than ever. Also, the mechanism or the
process involved appears to be quite complex more than not, not very easy to comprehend. Ignorance
regarding the laws governing such transfers make situation chaotic and at times, fetch gruesome
consequences to innocent persons dealing in property. Hence, importance of the subject remains without
any exaggeration. This is also reflected by the fact that this paper is compulsory as per the syllabus
prescribed by Bar Council of India for both three years as well as five year LL.B. Course. The fact that
transfer of property is one of the subjects in Judicial Services examinations adds sheen to that importance.

Keeping these issues in view, this study material is prepared with utmost care and sincere efforts. The
course content has been thoroughly revised and updated. Students are advised to read the additional
reading material and case laws as and when suggested/prescribed by the teacher during class interactions.

Object

To import students with an in depth knowledge of the basic but technical subject in simple language.

Objectives

1. Detailed course outline.

2. Compliance of the Bar Council of India.
3. Analysis of important/relevant pronouncements on almost every topic.
4. Emphasis on fundamental concepts.

METHODOLOGY

At NLUD, classes are of two main types: lectures and tutorials, with the primary goal of active learning.
This is in stark contrast to the idea of the student as a passive recipient of knowledge, absorbing
information presented by the instructor. Active learning promotes independent, critical, and creative
thinking and increases student investment, motivation, and performance.

Course Outline

Aim of the course outline and readings list is: introducing a subject and providing an overview by
identifying key areas, approaches and the literature available; stimulating thinking and facilitating

iii
understanding; arousing interest and motivating further inquiry and discussion.

Classroom Lectures

Traditional lecturing is an effective way of communicating information and invite students to think
imaginatively and conceptually about a significant theme or problem.

Case Study

The cases and problems examined are likely to be more relevant to students' experiences.

Tutorial

The tutorial enjoys considerable flexibility in content, pace and activities all of which contribute to it being
highly conducive to interaction.

Project Work

Project is an individually prepared dissertation/academic exercise. Students learn to maximise their own
resources and useful experience is gained in preparing the final product.

Written Examination

Assessment is an essential part of the academic degree programme and conclusion of the course taught for
the semester. Questions are both theoretical and application based.

iv
 Guidelines/Schemes for Projects

Introduction

Outline, briefly, the relevance or significance of the research work to be reported in the thesis in this
section. Introduction can at the best occupy one page, preferably one paragraph occupying half a page. Be
precise and include only relevant background material in the introduction.

 Hypothesis/Research Questions

State clearly the questions for which answers are sought through this research. Maximum one page,
preferably half a page can be allotted to this section. Give brief, but sufficient details regarding (a) the
research problem(s) (b) the solution methodologies adopted and brief details of studies.

 Research Methodology
 Doctrinal
 Empirical: Study of an Executed Document/ Deed relating to a Transfer of
Property (Sale/Mortgage/Lease/Leave & Licence/ Exchange/ Gift)
 Survey of Literature: The Primary material for the Project Report/paper:
Relevant provisions of Law (including of related Acts/Laws)

 Leading Cases
 Law Commission Reports
 Commentaries; Articles, Comments and essays.
 Deed of Transfer of Property
 Chapterisation Scheme: Topics/ Contents (descriptive, narrative)
 Conclusion

Highlight major (and not all) conclusions. Clearly bring out not only advantages arising out of the
work to be presented in the project but also give limitations of the work.

 Bibliography/References

 Primary Sources: Acts, Cases, etc.

 Secondary Sources: Books, Articles, etc.
 Internet accessed material

Project Submission Format Law of Property - 2022

 Cover Page, Title, Name, Roll No. Subject, Supervisor (as per NLUD Guidelines)
 Table of Contents, List of Cases, Abbreviations (as per NLUD Guidelines; may classify
Bibliography under Primary / Secondary Sources)
 Synopsis/ Research Proposal
 Abstract
 Project Report Text starting from Chapter 1.

v
 Law of Property
Course Outline
Semester - IV (B.A.LL.B.)

Module I (Sections 1-3)

1.1 Concept of Property – Socio-Economic Aspect

1.2 Objectives of Transfer of Property Act, 1882
1.2 Theories and Classification/kinds of Property - Movable, Immovable
1.3 Doctrine of Fixtures
1.4 Attestation, Registration, Notice.
Cases:
1. Shrimati Shantabai v. State of Bombay and Others AIR 1958 SC 532 1
2. State of Orissa v. Titaghur Paper Mills Co. Ltd. AIR 1985 SC 1293 8
3. Duncans Industries Ltd. v. State of U.P. and Others (2000) 1 SCC 633 35
4. M.L. Abdul Jabbar Sahib v. H. Venkata Sastri AIR 1969 SC 1147 41
5. Padarath Halwai v. Pandit Ram Nain Upadhia AIR 1915 PC 21 46
6. Ahmedabad Municipal Corpn. v. Haji Abdul Gafur Haji Hussenbhai
AIR 1971 SC 1201 47
7. Md. Mustafa v. Haji Md. Isa AIR 1987 Pat 5 54

Module II (Sections 5, 6 (a), 43, 52 and 53A)

2.1 Meaning of Transfer of Property under TPA, 1882

2.2 Competency to transfer property
2.3 Transfer Intervivos; Living person distinguished from juristic person
2.4 Transfer of Spes Successionis, Transfer by heir apparent; Chance of a relation
Obtaining a legacy on the death of a kinsman
2.5 Doctrine of “Feeding the grant by estoppel”
2.6 Transfer under ‘lis Pendens'.
2.7 Part Performance

Cases:

1 V.N. Sarin v. Ajit Kumar Poplai AIR 1966 SC 432 60

2 Kenneth Solomon v. Dan Singh Bawa ILR (1986) 1 Del 282 AIR 1986 Del. 1 65
3 Jumma Masjid, Mercara v. Kodimaniandra DeviahAIR 1962 SC 847 69
4 Kartar Singh v. Harbans Kaur (1994) 4 SCC 730 76

vi
5 Suraj Lamp & Industries (P) Ltd. (2) v. State of Haryana, (2012) 1 SCC 656 78
6 Som Dev v. Rati Ram (2006) 10 SCC 788 87
7 Jayaram Mudaliar v. Ayyaswami AIR 1973 SC 569 95
8 Amit Kumar Shaw v. Farida Khatoon (2005) 11 SCC 403 105
9 Nathulal v. Phoolchand (1969) 3 SCC 120 111

Module III (Sections 10-21)

3.1 Absolute and partial restraints on transfer

3.2 Restrictions repugnant to interests created;
3.3 Restrictions for beneficial enjoyment of one’s own land;
3.4 Positive and negative covenants
3.5 Rule against perpetuity
3.6 Vested and contingent interest

Cases:

1 Rosher v. Rosher (1884) 26 Ch. D. 801 114

2 Tulk v. Moxhay (1843-60) All ER Rep. 9 116
3 Zoroastrian Coop. Housing Society Ltd. v. District Registrar, Coop.
Societies (Urban) (2005) 5 SCC 632 118
4 Ram Newaz v. Nankoo AIR 1926 All 283 127
5 Ram Baran Prasad v. Ram Mohit Hazra AIR 1967 SC 744 128
6 R. Kempraj v. Burton Son and Co. AIR 1970 SC 1872 134
7 Rajes Kanta Roy v. Shanti Debi AIR 1957 SC 255 137

Module IV

4.1 Sale – Definition, Essentials, Rights and liabilities of Buyer and Seller (Sections 54-57)
4.2 Mortgage; Charge; Redemption (Sections 58-60, 100)
4.3 Lease and License (Sections 105, 106 and Indian Easement Act, 1882 Section 52)
4.4 Gift (Sections 122 - 126)
4.5 Easement - Definition, Essentials (Indian Easement Act, 1882)

Cases:

1. Vidhyadhar v. Manikrao, (1999) 3 SCC 573 145

vii
 2. Ganga Dhar v. Shankar Lal AIR 1958 SC 770 148
3. Pomal Kanji Govindji v. Vrajlal Karsandas Purohit AIR 1989 SC 436 154
4. Shivdev Singh v. Sucha Singh (2000) 4 SCC 326 : AIR 2000 SC 1935 166
5. Associated Hotels of India Ltd. v. R.N. Kapoor AIR 1959 SC 1262 171
6. B.V. D'souza v. Antonio Fausto Fernandes AIR 1989 SC 1816 182
7. Delta International Ltd. v. Shyam Sunder Ganeriwalla AIR 1999 SC 2607 185
8. Asokan v. Lakshmikutty (2007) 13 SCC 210 198
9. Tila Bewa v. Mana Bewa AIR 1962 Ori 130 204
10. Dattatreya Shanker Mote v. Anand Chintaman Datar, (1974) 2 SCC 799 208

Essential & Reference Readings:

1 Vepa P. Sarathi; Law of Transfer of Property; EBC, 2011.
2 Dr. Sir H.S. Gour's Commentary on The Transfer of Property Act; 12th Ed, 2010.
3 Saxena, Poonam, Mulla on Transfer of Property Act, 1882; LexisNexis; 2013 Ed.
4 G.C.V. Subba Rao's Law of Transfer of Property, Rev. Vepa P. Sarathi; 6th Ed. 2009
5 Saxena, Poonam; Property Law, LexisNexis, 2011.
6 Megarry & Wade, The Law of Real Property; Thomson S&M, 2012.
7 Ghosh, Rashbehary, Law Of Mortgage (Tagore Law Lectures), Kamal Law House, 2013
8 Sen Gupta (Rev.), Mitra’s Transfer of Property Act (18th ed., 2004)
9 S.M. Lahiri, Transfer of Property Act (10th ed., 1986)

Reference Articles

Cultural and Religious Foundations of Private Property by Leonard P. Liggio and Alejandro A.
Chafuen 230

The Origins and Evolution of Property Rights Systems by Francesco Parisi 273

Property Rights in Common and Civil Law by Norman Barry 294

Prescribed Acts

1. Benami Transactions (Prohibition) Act, 1988

2. Constitution of India, 1950
3. Indian Contract Act, 1872
4. Indian Easements Act, 1882
5. Indian Registration Act, 1908
6. Land Acquisition Act, 1894
7. The General Clauses Act, 1897
8. Transfer of Property Act, 1882

viii
Law Commission of India Reports

Report 70, 1977; Report 138, 1990; Report 147, 1993; Report 157, 1998; Report 178, 2001;
Report 181&182 2002; Report 207, 2008; Report 212, 2008; Report 157, 2010

ix
 Sociology-I

Module-1 (Introduction to Sociology):

- Thinking Sociology.
- Sociology :- definition, aims and scope.
- Relation with other social sciences- history, anthropology and psychology and Law.
- Important theoretical approaches- Evolutionism, Functionalism, Conflict theory,
Interactionist theory.

Readings:

- Johnson, Allan G. 2008, The Forest and the Trees: Sociology as Life Practice
and Promise, Philadelphia: Temple University Press, Introduction and Chapter
1, ‘The Forest, the Trees and One Thing’, Pp. 1-36

- Beteille, Andre, 2009, Sociology: Essays in Approach and Method, Delhi:

Oxford University Press, Chapter 1, ‘Sociology and Common Sense’, Pp. 13-
27.

- Béteille, André, 1985, Six Essays in Comparative Sociology, New Delhi:

Oxford University Press, Chapter 1, ‘Sociology and Social Anthropology’.

- Bottomore, T. B. 1971, Sociology: A Guide to Problems and Literature,

London: Allen and Unwin. Chapter 4, ‘The Social Sciences, History and
Philosophy’, Pp. 65-80.

- Beattie, J., 1966, Other Cultures, London R.K.P., Chapter 2, ‘Social

Anthropology and Some Other Sciences of Man’, Pp. 25- 29.

- Burke, Peter, 1980, Sociology and History, George Allen and Unwin, Chapter
1, ‘Sociologists and Historians’, Pp. 13-30.

Module-2 (Basic Concepts used in Sociology):

- Individual and Group.

- Society, Community, Associations and Institutions.
- Culture and Cultural Change.
- Norms and Values.
- Social Groups.
- Status and Role.
- Customs and Law.
- Contemporary issues, concepts and theories – Gender, Sexuality, Environment
Readings:

- MacIver, Robert M, and Charles Hunt Page. 1949. Society, New York:
Rinehart. Chapter 10, ‘Types of Social Groups’, Pp. 213-237 3.1.2

- Horton, Paul B., Chester L. Hunt. 2004, Sociology. New Delhi: Tata McGraw-
Hill, Chapter 8, Pp. 185-209.

- Firth, Raymond, 1956, Human Types, Thomas Nelson & Sons, Chapter 3,
‘Work and Wealth of Primitive Communities’, Pp. 71-97.

- Bierstedt, Robert, 1974, The Social Order, New York: McGraw Hill Book
Company Part 3, Chapter 5, ‘The Meaning of Culture’, p. 125‐ 151, Chapter 6,
‘The Content of Culture’ Pp. 152‐187, Chapter 7, ‘The Acquisition of Culture’,
Pp. 188-212.

- Redfield, Robert 1956, Chapter 16, ‘How Human Society Operates’, in Harry
L Shapiro (ed.) Man, Culture and Society. New York: Oxford University Press,
Pp. 345-368

Module-3 (Emergence of Sociology and Contributions of eminent sociologists):

- Herbert Spencer
- Auguste Comte.
- Emile Durkheim.
- Karl Marks.
- Max Weber.

Readings:

- Ritzer, George, 1996, Classical Sociological Theory, New York: McGraw Hill,
Chapter 1, ‘A Historical Sketch of Sociological Theory- The Early Years’, Pp.
13-46.

- Bottomore, T. B. 1971. Sociology: A Guide to Problems and Literature,

London: Allen and Unwin, Chapter 2, Pp. 29-47.

- Gouldner, Alvin, 1977, ‘Sociology’s Basic Assumptions’ in Thompson,

Kenneth and Jeremy Tunstall, Sociological Perspectives, New York: Penguin
Books Ltd, Pp. 13-17.

- Durkheim, Emile, 1984, The Division of Labour in Society, Basingstoke:

Macmillan. Pp. 149-174 Radcliffe Brown, A.R., 1976, Structure and Function
in Primitive Society, Free Press Chapter 9 & 10, Pp. 178-204.
 - Weber, Max, 1978, Economy & Society: An outline of Interpretive Sociology,
Vol. 1, University of California Press, Basic Concepts, Pages 4-26.

- Marx, Karl, 1990, Selected writings in Sociology and Social Philosophy,

Penguin Books Limited, Pp. 88-101 Dahrendorf, Ralf, 1968, Essays in the
Theory of Society, Stanford: Stanford University Press, Chapters 4 & 5, Pp.
107-150.

Module-4 (Family and Marriage)

- Family and Marriage as Institutions.

- Theories and perspectives- Evolutionary, Functionalist, Marxian, Feminist and
Interacionist.
- Joint Family, Extended Family and Nuclear Family.
- Types of Marriages.
- Rules of Marriages.
- Changing structure of Institution of Family and Marriage.

Readings:

- Shah, A.M., 1998, ‘Changes in the Indian Family: An Examination of Some

Assumptions’, in The Family in India: Critical Essays, New Delhi: Orient
Longman, Pp.52-63.

- Freeman, J. D., 1958, ‘The Family Systems of the Iban of Borneo’, in J.

Goody (ed.), The Developmental Cycle in Domestic Groups, Cambridge:
Cambridge University Press, Pp. 15-52

- Leach, E.R., 1961, ‘Polyandry, Inheritance and the Definition of Marriage with
Particular Reference to Sinhalese Customary Law’, in E. R. Leach (ed.),
Rethinking Anthropology, London: The Athlone Press, Pp. 105-113.

- Gough, Kathleen E., 1959, ‘The Nayars and the Definition of Marriage’, in The
Journal of the Royal Anthropological Institute of Great Britain and Ireland, 89:
23-34.

- Uberoi, Patricia, 1995, ‘When is a Marriage not a Marriage? Sex, Sacrament

and Contract in Hindu Marriage’, Contributions to Indian Sociology, n.s. 29,
1&2: 319-45
Module-5 (Concept and theories of Stratification)

- Introduction to the concept of Stratification.

- Theories of Stratification: Marx, Weber, Veblen, Pareto.
- Perspective on Stratification- Evolutionary, Functionalist, Marxist, Weberian and
Faminist..
-Caste and Class.
- Origin and theories of Caste system in India.
- Changes in the Caste System in India and various movements that brought about
Change.

Readings:

- -Worsley, Peter. Introducing Sociology.2nd ed. Harmondsworth: Penguin

Books, 1970. Chapter 8, Social Stratification: Class, Status and Power, pp.
395 – 408
- -McLellan,

- David. The Thought of Karl Marx. London: Papermac, 1995. Part 2. Chapter
6. Class, pp. 182-194.

- Weber, Max, Hans Heinrich Gerth, and C. Wright Mills. From Max Weber.
New York: Oxford University Press, 1946. Chapter VII, Class, Status, Party.
Pp. 180 – 195 2.1.3

- Bottomore, T. B. Classes in Modern Society. New York: Pantheon Books,

1966. Chapters. 2 & 3 The Nature of Social Class & Classes in Industrial
Societies. 9-75.

- -Davis, Kingsley, and Wilbert E. Moore. 'Some Principles of Stratification'.

American Sociological Review 10.2 (1945): pp. 242-249.

- Tumin, Melvin M. 'Some Principles of Stratification: A Critical Analysis'.

American Sociological Review 18.4 (1953): 387-394.

- Jain, Ravindra K. ‘Hierarchy, Hegemony and Dominance: Politics of Ethnicity

in Uttar Pradesh, 1995’ Economic and Political Weekly, Vol. 31, No. 4 (Jan.
27, 1996), pp. 215-223 3.1.3

- -Omi, Michael, and Howard Winant. Racial Formation in the United States.
New York: Routledge & Kegan Paul, 1986. Chapters 1 & 4 , pp. 14-24 and 57-
69 3.1.4 -- -
Module-6(Concept and Theories related to Religion)

- Concept of religion.
- Thinker’s contribution to religion- Durkheim, Marx and Weber.
- Changing structure of Religion and Religious ideologies.

Readings:

- Srinivas, M.N. and A.M. Shah., 1968, “Hinduism”, in D.L. Sills (ed.), The
International Encyclopaedia of Social Sciences, Volume 6. New York:
Macmillan, Pp. 358-366.

- Momin, A.R., 1977, “The Indo Islamic Tradition”, Sociological Bulletin, 26, Pp.
242-258.

- Uberoi, J.P.S., 1991, “Five Symbols of Sikh Identity”, in T.N. Madan (ed.),
Religion in India. Delhi: Oxford University Press, Pp. 320- 332.

- Turner, S.Bryan, “The New Blackwell Companion to the Sociology of

Religion”, Wiley-Blackwell, 2010.

- Hamilton, Malcolm, “The Sociology of Religion: Theoretical and Comparative

Perspectives”, Routledge, 2001 (2nd Edition).
 Sociology-II

Module-I (Introduction to Law & Society and Sociology of Law):

 Sociological Conception of Law.

 Nature of Sociology of Law,
 Development of Sociology of Law in the Europe and America.
 Sociology of Law in India.
 Law and Society

Module-ll (Theretical Foundation of SOL):

 Law and the rise of Social Sciences.

 Max Weber on Rationalization of Law.
 Emile Durkheim on Law and Solidarity.
 Theoretical move towards the sociological study of law.

Module-Ill (Approaches):
 Henry Maine: Evolutionary Approach to the Study of Law
 Bronislaw Malinowsky: Ethnographic Study of Law
 E. Adamson Hoebel: The Law of Primitive Man
 Max Gluckman and Paul Bohanan: Language, Representation and Cultural
Comparison
 of Law
 Folkways and Mores. (Sumner)
 Social Basis of Law. (Savigny)

Module-IV (Understanding Crime):

 Sociology of Crime and Deviance.

 Physiological and Psychological theories.
 Delinquent subculture theory.
 Labelling theory.
 Functionalist Perspective.
 Marxist Criminology Perspective
  Feminist Criminology Perspective.

Module-V (Law as integrative Mechanism):

 Function and Purpose in Law.

 A Law-centred conception of Social Cohension : Pound.
 Law and Solidarity in Modern Society: Durkheim.
 Universal Functions of Law: Llewellyn.
 Social system and Social Structure: Parsons.
 The Integrative functions of Law.

Module-VI (Law and Social Change):

 Understanding Social Change.

 Theories of Social Change
 Social Change in India.
 The role of law in bringing Social change in India.

Readings:

- Anleu. S. and N.L. Roach Law and social changes; Sage Publications Ltd.
Delhi; 2000.

- Saxena, D.r. Law, Justice and Social Change; Vedam Books, Delhi; 1996.

- Fanon, F. Wretched of the Earth; Penguin, London; 1965.

- Laqueur, W. The Age of Terrorism; Goerge Weidenfeild and Nicholson Ltd.

London; 1987 6.

- Williams, K.S. Criminology; Universal Law Publication (Indian Reprint); Delhi,

2001.

- Deflem, Matthew. Sociology of Law: Visions of a Scholarly Tradition,

Cambridge University Press, 2008.

- Cotterrell, Roger. The Sociology of Law: An Introduction, 2nd Edition, Oxford

University Press, 1992.

- Ehrlich, Eugen. Fundamental Principles of Sociology of Law, transaction

publishers, 2002.
- Calavita, Kitty, Invitation to Law and Society, Second Edition: An Introduction
to the Study of Real Law, University of Chicago, 2010.

- Thakur, Navendu,K. An Introduction to Sociology, Central Law

Publications,2nd Edition,2011.

- Oomen, T.K, Venugopal, C.N. Sociology, Eastern Book Company,2010.