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20 Essential Property Law Terms Every CLAT, Judiciary & UPSC Aspirant Must Know
- The Law Gurukul
- Jun 19
- 3 min read
Introduction
Property law governs ownership rights over land, buildings, and other assets - some of the most valuable yet legally complex assets in India. Whether you're preparing for CLAT, judiciary exams, UPSC, or dealing with property matters personally, understanding these key terms is essential.
In Part 4 of our "Legal Lexicon" series, we break down 20 fundamental property law concepts with clear definitions, practical examples, and their relevance in competitive exams and real-life scenarios.
1. Ownership vs. Possession
Definition:
Ownership: Absolute legal rights over property (Section 44 of Transfer of Property Act)
Possession: Physical control without complete ownership rights
Example:
A tenant has possession of rented house, but landlord retains ownership
2. Title Deed
Definition: Legal document proving ownership (Section 17 of Registration Act)
Key Features:
✔ Shows chain of ownership
✔ Must be registered
✔ Primary evidence in property disputes
3. Adverse Possession (Article 65, Limitation Act)
Definition: Acquiring ownership by continuous, hostile possession for 12+ years
Conditions:
Open and notorious use
Without owner's permission
Continuous for statutory period
4. Easement (Indian Easements Act, 1882)
Definition: Right to use another's land for specific purpose
Common Types:
Right of way
Right to light and air
Right to drainage
5. Mortgage (Section 58, Transfer of Property Act)
Definition: Using property as security for loan
Types:
Simple mortgage
English mortgage
Usufructuary mortgage
6-20: Key Property Law Terms
Term | Definition | Governing Law | Example |
6. Gift Deed | Voluntary transfer without consideration | Section 122, Transfer of Property Act | Father gifts house to daughter |
7. Partition | Dividing joint property among co-owners | Hindu Succession Act/Partition Act | Brothers dividing ancestral home |
8. Encumbrance Certificate | Shows legal charges on property | Registration Act | Required before property purchase |
9. Lease vs License | Lease creates interest in land, license is permission | Section 105, Transfer of Property Act | Shop lease vs cinema ticket |
10. Will (Testamentary Succession) | Legal declaration of property distribution after death | Indian Succession Act | Grandfather wills property to grandson |
11. Mutation | Updating land records with new owner | State Land Revenue Codes | Required after property purchase |
12. Lis Pendens | Pending litigation notice affecting property | Section 52, Transfer of Property Act | Property can't be sold during court case |
13. Benami Transaction | Property bought in another's name | Benami Transactions Act | Husband buys property in wife's name |
14. Tenancy Rights | Rights of tenants under state laws | Rent Control Acts | Protected tenants in Mumbai |
15. Absolute vs Restricted Ownership | Complete vs conditional ownership rights | Transfer of Property Act | Life estate vs fee simple |
16. Doctrine of Election | Choose between own property and gifted property | Section 35, Transfer of Property Act | Accepting will means rejecting other claims |
17. Doctrine of Lis Pendens | Rights freeze during litigation | Section 52, Transfer of Property Act | Property dispute in court prevents sale |
18. Running with the Land | Rights/restrictions binding subsequent owners | Various property laws | Easements affecting future buyers |
19. Nuisance | Unlawful interference with property enjoyment | Law of Torts | Factory noise affecting residents |
20. Transferable vs Non-transferable Property | What can/cannot be sold | Various statutes | Tribal land often non-transferable |
Why These Terms Matter?
✅ Exam Relevance:
CLAT: 5-8 questions annually
Judiciary: 10-15% weightage
UPSC: Land reforms questions in GS and Law Optional
✅ Practical Importance:
Property purchase/sale
Inheritance matters
Tenant-landlord disputes
How to Master Property Law Terms?
Case-Based Learning:
R. Rajagopal Reddy vs Padmini Chandrasekharan (Benami transactions)
Vineeta Sharma vs Rakesh Sharma (Coparcenary rights)
Flowcharts: Create visual maps of property transfer processes
Mnemonics:
"DEED" = Documents, Easements, Encumbrances, Disputes
#PropertyLaw #RealEstateLaw #CLAT2025 #JudiciaryPrep #UPSCLaw #LegalTerms #LawStudents #LandLaws
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