Section outline
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This course mainly focuses on the Transfer of property in Bangladesh. The Law of transfer of Property is the substantive study of the modes of transfer of property. It focuses on the very important points governing the mode of property transfer. The general principles of transfer of property and others are discussed in this course. The course’s main aim is to deliver practical knowledge among the learners about property transfer. This course explores the key principles of the Law of transfer of Property. It offers students effective learning features. Covering the essentials of each topic ensures students have the foundations for successful further study. The law is relevant to current practice through chapters that define and explain key legal principles. Examples and exercises will be given in context to make the subject interesting and dynamic by showing how these rules apply in real life. Crucial points of each topic and practical exercises offer students the opportunity to apply the law.
Transfer of property” defined. —In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or to himself] and one or more other living persons; and “to transfer property” is to perform such act.-
Instructions/Guideline for the course:
- All the students registered for this course have to enroll in Moodle
- Students can find all the course materials from Moodle.
- All the students have to submit the soft copy of their "Assignment" in Moodle under assignment section created here and for this they will be graded here.
- One discussion or feedback forum is created under each of the lecture Students have to give their feedback on these forum and marks will be given for their feedback
- Any announcement regarding the class will be posted on Moodle. So they have to keep themselves always active on Moodle.
- All the quizzes and presentation will be held on face to face class and may be few of the class will be held on online (Moodle) and it will be announced before the class
- The question pattern and the syllabus for the quizzes, midterm and final exam is given here under each of the section (quizzes, midterm and final).
- All the students registered for this course have to enroll in Moodle
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Welcome to the 'Law of transfer of Property' !!!
As a course teacher, firstly I would like to welcome you to the Law of transfer of Property
course. I am looking forward to meeting you in the Spring-2023 Semester and in the future as well. I hope that your time in the law department will open doors to lifelong friendships, fulfilling careers, and a love of learning. Of course, I will support your learning, offering a range of fantastic opportunities so that all of you can do yourself justice in your studies with me.Know the BLC and discover yourself: As a course teacher, I will provide you with all the necessary resources like class lectures, PPT, URL, Videos, Class recording links, E-book/book references, and many more through the Blended Learning Center (BLC). Course Outline/Syllabus, Course Requirements, Course Passement Plan, Reference Books, Google Classroom Code, Faculty Profile Link, etc. will be provided through the BLC and these will be included in the BLC. Moreover, the topic introduction, topic objectives, lesson plan, lecture notes, external resources (i.e. videos), etc. will also be included in the BLC. Not only that, the full instructions regarding the course and the instructions for the Quiz, Assignment, Presentation, Mid-term and Final Exam will also be included, mentioned, and uploaded in the BLC. So, to continue your study properly and to explore yourself through the Online Class during this COVID-19 period, all of you must have to be introduced to the BLC systematically and you must have to use the BLC to learn effectively and to be benefited.
The logistic support which you will be needed: The existing law courses require you to take detailed notes for each module so before you arrive, you may wish to invest in a reliable laptop/Smart Phone with a good internet connection and make sure that you have sufficient notebooks/pens/ paper/files/highlighters, etc. to support your note-taking. You will be responsible for managing your time and workload. I recommend that you buy an academic year wall planner to stick on the wall above your study space so you can add your classes and key assessment deadlines when you start your course.
I am always with you to support you! As a course teacher, I will be always with you to cooperate, help you, and assist you from all sides so that you can be skilled and perfect persons in society. You will be glad to know that the DIU law department combines genuine excellence and wonderful diversity on a scale that is unmatched anywhere. The unique strength of our community is that it brings us together. Whoever you are, whatever you do, however you do it, the law department of DIU is a place where you can thrive.
Last but not least: The BLC introduces you to the many ways you can learn, work, and grow. We have more than 60 law courses and we have a large and diverse array of outstanding libraries along with the benefits of E-library and student practice organizations, research programs, student organizations, and academic journals. A total of 13 full-time and more than 10 prominent part-time faculty members teach and practice across diverse subjects. Nowhere will you find a richer or deeper set of opportunities to explore and act on issues that matter. As our impressive alumni network demonstrates through the path-breaking work these individuals do across countless fields of endeavor, no law department in Bangladesh better prepares lawyers, entrepreneurs, scholars, and leaders for a changing world than the DIU law department.
All best regards,
You will get a conceptual and practical overview of the Law of transfer of Property.
I hope you will enjoy the course.Good luck!
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Name: Dr. S.M. Saiful Hoque
Designation: Assistant Professor
Department: Department of Law
Faculty: Faculty of Humanities & Social Science
E-mail: shyful@daffodilvarsity.edu.bd
Cell-Phone: 01717685169
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Students will get the proper e book for this course .It will be given time to time. So keep eye on E- library. -
Lesson No One : Introduction to the property, Property Law and the Meaning and Nature of Transfer of Property
HighlightedCourse IntroductionTransfer Property Law (Course Code:LAW 207 )Transfer Property Law is a branch of law which deals with the different aspects of property law including movable property and immovable property. This subject will reflects the concepts transfer of property. Meanwhile, Transfer of property is the main concerned of this Law which includes as well different mode of transfer, how a transfer is made, validity or void-ability of a transfer, different cannon related to transfer property in both national and international level.Objectives1. Learn the different mode of transfer2. Practical procedure of transfer of property3. Different rules, regulation and restriction regarding transfer of property law4. Different Case Laws on transfer of propertyOutcome1. How to transfer a property2. To be known about the practical aspects of different practical procedure of transfer of property3. How to apply different case laws4. Using all the knowledge in practical life-
Google Class Code: pmlljj2
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Students will know the general guideline for using BLC.
https://drive.google.com/file/d/1ouAZE-jxQ1bzUv9zW0CD4zliAyWEd2BZ/view?ts=5ed9d49b
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Objectives: To introduce the following line to the students .Transfer of Property means an act by which a living person can conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more or other living persons, and to transfer property is to perform such act.
Outcome : Students get the primary concept on TP and understand the definition exactly.
Contents :
1. Definition of Transfer Of Property
2. Definition of Actionable Claim
3. Definition of Notice etc.
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This video covers almost all the topic regarding the said content. Please,watch it and gathered the knowledge from it.
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Objective:To teach the nature and details about vested interest and present the definition whis as Section 19 of the Transfer of Property Act, 1882 states about Vested Interest. It is an interest which is created in favor of a person where time is not specified or a condition of the happening of a specified certain event.May
Outcome : Students can learn how the power of transfer can be vested and will know about the Vested interest in favor of an unborn person
Content :
1. What is vested interest
2. Nature of vested interest
3. Explanation to vested interest
4. Vested interest in favor of an unborn person
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This video covers almost all the topic regarding the said content. Please,watch it carefully and gathered the knowledge from it and ask me any question from it . (if you have)
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Objectives :To teach the learners that Whether transfer of a property can be made in favor of unborn person or not , if possible what is the way? To introduce Section 13 of the Transfer of Property Act, 1882 Where it provides that when for the transfer of property, an interest therein is created for the benefit of an unborn person at the date of the transfer, a prior interest is to be created in respect of the same transfer and the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the person transferring the property in the property to be transferred.
Outcome : Students can able to know the consequence of transfer to the Unborn person and Whether transfer of a property can be made in favor of unborn person or not , if possible what is the way?
Content
1. Rule
2. Condition of Transfer
3. Exception to the rule
4. Difference between Hindu law and Transfer property Law regarding transfer in favor of an unborn person
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Students will know the basic rules regarding transfer in favor of unborn person .Please ,watch the video and gathered the knowledge.If you have any question regarding this feel free to ask me any question.
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Objectives : To inform the learners that how does a notice work in practical aspects and introducing the next line .Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice, and implied notice.
Outcome :Students can know the work process of notice and understand the following line.Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice, and implied notice.
Contents:
1. Definition of notice
2. different kinds of notice
3. Application of notice
4. Different Cases in practical aspects
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Students will know the basic rules and concept of notice.Please ,watch the video and gathered the knowledge.If you have any question regarding this feel free to ask me any question.
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1.Students will get time for quiz only 45 min and you have to answer 2 question from 3 .After the quiz ,rest of the time we will discuss the quiz answers .
2.Short/MCQ type (Using kahoot)
TOPIC: Definition clause,Vested Interest,Transfer to unborn person.
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Quiz topic
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Objective :To present the valid condition for a valid transfer of property and the explanation of definition. (Conditional Transfer means a transfer that is dependent on a condition attached to it. That is when the vesting of an interest created by a transfer depends on the fulfillment or non-fulfillment of a condition, it is said to be a conditional transfer)
Outcome :They can know the effect of conditional transfer and able to know the porn's and cons of the topic.
Content
1. what is conditional transfer
2. Nature of conditional transfer
3. Validity check of conditional transfer
4. When a condition is void
5. Contingent Interest
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This video contain the content of conditional transfer. Please,watch it carefully and gathered the knowledge from it and ask me any question from it . (if you have)
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Objectives:
To teach the procedure and limitation of transfer a property pending suit or proceedings and informs the porn's and cons of the doctrine.
Outcome: Students will be able to deal the transfer of property in case of pending suit or proceeding and able to know the details about it.
Contents
1. Section 52
2. Doctrine
3. Applicability of Doctrine
4. Illustration
5. Case laws
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This video contain the content of doctrine of lispendens Please,watch it carefully and gathered the knowledge from it and ask me any question from it .
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Applicability of Doctrine
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Objective: To present the doctrine on the basis of the definition .The doctrine of election is a common law rule of equity that requires that if a testator attempts to dispose of property belonging to someone else and also makes a devise to that person, the beneficiary must choose between either keeping the property or accepting the devise
To learn to elect regarding transfer of property .
Outcome:They can know how to choose an option and the consequence of election.
Content:
1. What is election?
2. Illustration
3. Rules of election
4. Exception rule to Election
5. Practical application of election
6. Problem Solving
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This video contain the content of doctrine of election. Please,watch it carefully and gathered the knowledge from it and ask me any question from it .
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Create different example
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1.Students will get time for quiz only 45 min and they have to answer 2 question from 3 .After the quiz ,rest of the time we will discuss the quiz answers .
2.Short/MCQ question (Using Kahoot)
Marks:15
Quiz Topic:Conditional transfer,Doctrine of lispendens,Doctrine of Election
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Objective: To teach them the Followings Matters ----
1. What is Mortgage?
2. What are The different types of Mortgage?
3. Rights and liabilities of mortgagor and mortgagee
4. Redemption to Mortgage
5. Foreclosure to Mortgage
Outcome
Students will be able to deal with mortgage as the transfer of property mode by completion this lesson, which will be very helpful in their practical life and business.
Contents1. Definition Clause
2. Six Types of Mortgages
3. Case Laws
4. Rights-Liabilities to Mortgagor-Mortgagee
5. Redemption to Mortgage
6. Foreclosure to Mortgage
7. When Mortgage right lost.
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Topic: Previous all lectures.
Instructions -
1. Three questions to be answered.
2. Questions pattern will be the assemble of descriptive as well as analytical
3. Questions answer must be specific .
3. Time: 3.00 Hours
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Objective: To inform the validity of a transfer made by an ostensible owner and its effect under transfer of property.
Outcome: Student can apply his knowledge in practical field through the learning from the lesson.
Content:
1. Section 41
3. General Principles
4. Case Laws
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This video contain the content of ostensible owner . Please,watch it carefully and gathered the knowledge from it and ask me any question from it .
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Write on general concept of ostensible.
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Objective: To teach the students about the sale, how a sale is made, what are the rights and liabilities of a seller and buyer etc and essence of examination of definition(Sale is a transfer of ownership for a money consideration. It implies an absolute transfer of all rights in the property sol.
of sale.Outcomes
Students will be able learn how a sale of property is made in the practical context. They will be able to understand the difference between Sale and contract for sale .
Content
1. Sale
2. Contract For Sale
3. How a sale is made
4. Difference between sale and contract for sale-
This video contain the content the basic concept of sale . Please,watch it carefully and gathered the knowledge from it and ask me any question from it .
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Objectives :
To teach what are the rights and liabilities of a buyer and seller respectively in case of sale of property
Outcomes: Student can use this knowledge in practical life when they buy /sale something.
Content:
1. Right of the buyer
2. Liability of the Buyer
3. Right of the seller
4. Liabilities of the seller
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It was made for your better understanding of liability of buyer and seller. Please,watch it carefully and gathered the knowledge from it and ask me any question from it .
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Objectives
Every students will be able to learn about what is lease, how a lease is made, what are the differences between sale and lease etc
Outcomes:
Students will be able to deal at every aspects of lease in practical life and differentiate between sale and lease.
Contents:
1. Lease
2. different types of Lease
3. Difference between lease and sale
4. How a lease is made?
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Students will get time for quiz only 45 min and they have to answer 2 question from 3 .After the quiz ,rest of the time we will be discussed the quiz answers .
Marks:15
Quiz Topic: All of the lectures after midterm
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Topic
Case Study from DLR.
Instructions
1. Topic will be provided to every student
2. Word Limits- 1000 word
3. Typed or handwriting
4. No Copy post allowed
5. Analytical ability will be examined
Marks
5 Marks
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Topic
Topic will be provided to everyone.
Instructions
1. Presentation slide is required
2. Formal Dress Code
3. Time is 10 Minutes
4. Field work video on topic is appreciated
5.Video presentation
6. Marks-8
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Objectives
To review the whole syllabus at a glance with the purpose to sort out the difficult lesson from students and again give them short brief regarding hard lesson. The another purpose is to teach them how to write in the answer script and how to solve a legal problem , though it has been discussed before.
Outcomes
1. Students will be able to get clear knowledge furthermore.
2. Missed Classes on their part will be covered here by themselves
3. They will get confidence before exams.
4. They will be able to revise the whole syllabus in the classroom which will reduce there mental stress regarding exams.
Content
Based on students problem.
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Instructions
1.Download the question paper .
2.Download the answer script .
3. Write down your answers on the answer script .
4. Submit the answer script within the stipulated time .
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The prospects for students studying Transfer of Property Law or Real Estate Law were generally positive, and I can provide some insights based on that information. However, please note that the legal landscape may have evolved since then, so it's always a good idea to verify with up-to-date sources.
Legal Practice: Graduates with a specialization in Transfer of Property Law often find opportunities in law firms specializing in real estate transactions. They might work on property acquisitions, sales, leasing, and development deals.
Real Estate Companies: Many real estate development companies, property management firms, and construction companies hire lawyers with expertise in property law to navigate complex legal issues related to their projects.
Government Agencies: Positions in government agencies dealing with land and property regulations, such as land registration offices, urban planning departments, or housing authorities, can be a viable option.
In-House Counsel: Corporations that deal extensively with real estate, such as banks, insurance companies, or large corporations with significant property holdings, may hire in-house counsel with expertise in property law.
Title Companies and Escrow Services: These companies often require legal professionals to ensure the legality of property transactions and to handle title transfers.
Academia and Research: Some individuals pursue further studies or engage in research related to property law. This could lead to a career in academia or as a legal researcher.
Consultancy Services: Property law experts may offer consultancy services to individuals, businesses, or other organizations that require guidance on property transactions or legal issues.
Alternative Dispute Resolution: With the growing importance of mediation and arbitration, there's a demand for professionals who can help resolve property-related disputes outside of traditional court settings.
Real Estate Investment and Finance: Professionals with expertise in property law can play a crucial role in real estate investment firms, private equity firms, or banks involved in real estate financing.
Development and Planning Authorities: Working with agencies responsible for city planning, zoning, and land use regulations can be a fulfilling career for property law specialists.
Specialized Practice Areas: Some lawyers choose to specialize further within property law, such as environmental property law, historic preservation, or condominium law.
Remember that networking, gaining practical experience through internships or clerkships, and staying updated with legal trends and regulations in the real estate industry will be crucial for success in this field. Additionally, as laws and industries evolve, it's always a good idea to consult with career advisors or professionals in the field for the most current insights.