Property and Land Law
General Principles of Property
The Transfer of Property Act, 1882 governs transfers by act of parties. Know the definition of immovable property, the rules on transfer (competency of parties, lawful object, consideration), and the maxim that a person cannot transfer a better title than he has. Study the doctrines of part performance, lis pendens, and fraudulent transfer.
Modes of Transfer
Revise sale, mortgage, lease, exchange and gift. Know the distinction between a sale and an agreement for sale, the requirements of a registered instrument for immovable property above the statutory value, and the rules on mortgages (simple, conditional, usufructuary). Understand gift (hiba) under Muslim law, including the three essentials: declaration, acceptance and delivery of possession.
Land Law of Bangladesh
Study the State Acquisition and Tenancy Act, 1950, the Non-Agricultural Tenancy Act, 1949, the Registration Act, 1908, and the Land Reforms Ordinance. Know the concepts of khas possession, raiyat, under-raiyat, and the record-of-rights. Understand the procedure for mutation and the effect of registration.
Traps
Examiners test whether an oral gift of immovable property is valid (generally requires registration), the difference between a lease and a licence, and the priority of a registered document over an unregistered one. Another trap is the doctrine of part performance, which requires a written contract and possession.
Rule of Thumb
For any property question, identify the mode of transfer, the requirement of writing or registration, and the effect on third parties. If a document is unregistered where registration is compulsory, it does not confer title.