CLAT PG Property Law 2025 - Preparation Tips, Topics, Books

Property law holds significant weight in the CLAT PG examination. Students can expect around 2-4 passages on Property Law, which amounts to 10-20 marks of the entire examination. It encompasses concepts such as Applicability of the Subject, Types of Properties, Concept of Sale, Lease, Mortgage, Exchange, Gift, Will, Actionable Claims, etc. Also since the exam comprises 5 questions on a single passage which is generally based on recent case law, it is possible to have unconventional questions that require an in-depth understanding of the subject matter.

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This Story also Contains

1. What is Property Law?
2. CLAT PG 2025 Property Law - Syllabus
3. Strategy for Preparing for CLAT PG 2025 Property Law
4. Note-Making Strategy for Important Judgements

Passage relating to property law might also encompass questions from other laws that apply to the transfer of property. This specifically includes Contract Law (concept of agreement and contracts, consideration, rescission of a contract) and Family Law (concept of will), among other laws. Therefore, a holistic understanding of the entire syllabus along with learning the inter-application of laws is essential to ace this examination.

What is Property Law?

It can be seen from the above discussion that Property Law involves numerous case laws and legal precedents. Understanding these case laws and interpretation of the provision given by the court is important for answering the application-based questions. Acing this subject is indispensable to answer 10-20% of the question paper.

CLAT PG 2025 Property Law - Syllabus

The first step in preparing for this subject involves a thorough understanding of the syllabus and identifying the important topics that frequently appear in examinations. This process is followed by a careful analysis of the exam pattern to streamline your study requirements. Property Law is a comparatively technical subject for which the students need to learn the bare language of the act to differentiate between the concepts. Again there are very limited sections that form part of the syllabus and all students should analyse these important sections to strategize their preparations. At the same time, learning the application of these concepts is equally important to fetch marks.

CLAT PG is a technical examination that cannot be cleared based on remote learning. Students should know what they are learning and how those concepts are applied in the daily world. For the same, along with the syllabus, important precedents and recent developments have to be analysed and their application examined to ace the exam.

The syllabus of property law includes the following mentioned laws-

Transfer of Property Act (TPA)

TPA is a pivotal legal framework that governs property transactions in India, providing a comprehensive set of rules and regulations to ensure clarity and fairness in real estate dealings. The scope of this act is broad, covering various aspects of property law and providing guidelines on the transfer of property rights, conditions for valid transfers, and the rights and obligations of the parties involved. The act comprehensively outlines the various methods of property transfer, including sale, mortgage, lease, and gift, providing a structured framework for the rights and obligations of the parties involved. It established legal standards for property transactions, offering protection to both the transferor and the transferee. The important concepts that have been asked time and again are-

• Outline and Applicability of the subject

• Types of Properties

• Concept of Sale, Lease, Mortgage, Exchange, Gift, Will, etc.

• Actionable Claims

2. Judgments and Precedents

There is only one law relating to property law, but the importance of judgments cannot be undermined for this particular subject. As already highlighted, it is important not only from the perspective of answering direct questions relating to judgement in the exam but also to understand the concepts to answer application-based questions. Now it does not mean that every judgement is important for the exam. It is important to focus only on the significant ones that might have settled some legal conundrum or laid any new interpretation of the already existing law or completely overruled the earlier set precedent.

In the later part of this article, we will deal with how to effectively read and make notes of important judgments for this particular subject. All the focal points will covered there with the help of an example.

Strategy for Preparing for CLAT PG 2025 Property Law

1. CLAT PG Syllabus and Exam Pattern 2025

• Understanding the CLAT PG syllabus 2025 for any subject before starting its preparation is the most essential element of strategic study. Understanding the syllabus not only includes gaining an idea of topics or provisions. It includes thorough analyses of the past year's papers and what type of questions are asked in the exam, what are the important topics, and any related concept that can form part of the CLAT PG question paper.

• The syllabus for property law and important topics have also been explained in the above sections in detail.

• After doing the above tasks, students are advised to prepare a list of all such important topics and highlights so that detailed notes can be prepared for them.

2. Create Time Table

• Students are suggested to draft daily schedule plan to streamline their preparation. Specific number of hours can be allocated to each topic so that the entire syllabus is completed in a phased manner.

• Now, property law has a limited number of concepts, therefore, a detailed understanding of the bare language of all these concepts becomes essential. Although students should initially focus on frequently asked concepts, for property law it is advisable not to leave any topic or concept unstudied.

• Because the exam now includes negative statement questions, any unstudied concept can increase the likelihood of wrong answers.

3. Study Material

• Further, it is essential to identify the key sources for your preparation. Students are suggested to gather all essential study materials in one place to keep their preparation systematic and avoid reference to different sources that can lead to waste of time and overlapping of topics.

• Study material can include coaching material, books and lists of legal presidents and important judgements. Online sources can also be referred to for detailed understanding.

• Bare acts are the base for any law and therefore should be the initial source of information during preparation.

• Students could refer to ‘The Transfer of Property Act by R.K. Sinha’.

4. Grasp the Fundamentals

• Understanding the key concepts and the language of legal provisions is crucial for property law. Make bare act your initial source of study and learn each and every word of the definition. Re-reading the provisions helps solidify your knowledge. Regularly review the Bare Acts for greater retention.
• To clear your concepts, go through the case studies to understand the real-life application of any provision. This will help you in solving application-based questions with greater precision.
• Create visual maps of landmark judgments to connect and remember key concepts better.

5. Practice and Practice

• Remember that practice is the key to success. Keep revising your notes and bare act. Make sure to continuously give sectional tests, mock tests and solve past year questions.
• Make sure to analyze all the tests taken by you. Reasons why your answer was not correct and read the reasoning supporting the correct answer.

Note-Making Strategy for Important Judgements

In this section, we will be discussing the strategies for making notes of important judgments. Along with pointers we will also understand it by way of an example of a recent case law. The following points need to be addressed and incorporated into your notes.

• Recordthe full name of the case.

• Note the bench, Corum of judges, the judge presiding over the bench and concurring and dissenting opinions.

• If the present judgment overrules any landmark judgment or a well-settled position, then do mention that overruled judgment as well.

• If the present judgment interprets any provision in detail, make detailed notes of that constitutional provision.

• List all the laws relevant to the case. For eg. if the particular property law-related judgement also has the application of a provision of Family Law, then do explain that provision in notes.

• Identify key principles or doctrines that apply to a case.

Here is a brief sample of the note-making structure designed for your understanding by incorporating the above-mentioned points.

Name of the case- Prakash (Dead) By LR. v. G. Aradhya & Ors., 2023 LiveLaw (SC) 685.

Bench- Justices Hima Kohli and Rajesh Bindal

Date of the judgement- 18th August, 2023

Relevant Acts and Provisions- Section 58(c) of the Transfer of Property Act, 1882.

Referred cases

• Pandit Chunchun Jha v. Sk. Ebadat Ali [(1955) 1 SCR 174 : AIR 1954 SC 345].

• Mushir Mohd. Khan v. Sajeda Bano [(2000) 3 SCC 536]

• Chunchun Jha [(1955) 1 SCR 174: AIR 1954 SC 345

• Umabai v. Nilkanth Dhondiba Chavan [(2005) 6 SCC 243]

Issue- The appellate filed the present appeal before the court saying the judgment of High Court of Karnataka at Bangalore by which the Appeal filed by the appellant against the judgment and decree of the trial Court was upheld.The issue under judicial process that,was whether the transaction between the parties was a complete sale of the property or it was a mortgage.

Ratio Decidendi:

The Court examined Section 58 of the TPA wherein the terms: “mortgage”, “mortgagor” and “mortgagee” etc. have been defined.

It is observed that with the proviso to subsection C of section 58 of the 1882 act tells that no transaction shall be deemed to be a mortgage, unless the condition is embodied in the document with Affect or purports to affect the sale.

In the present situation of the case, there were two separate documents and thereafter it was held by the court that it was not a single document. The conditions that were included were in have to be considered by the score to provide with an opinion that the transaction was not a sale, but a mortgage. and there were two separate documents.

Judgement

The final decision of the court was below mentioned-

In terms of the Sale Deed and the Reconveyance Deed, reconsidered in the light of the enunciation of law, the Court opined that the same cannot be held to be a transaction of mortgage of property. The sale of the property initially, was absolute. By way of execution of the Reconveyance Deed, namely, on the same day, the only right given to the appellants was to repurchase the property. (Court judgment)

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