Property and Preservation: The Role of Conservation Covenants under the Indian Transfer of Property Act, 1882

Property and Preservation: The Role of Conservation Covenants under the Indian Transfer of Property Act, 1882

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Volume 17 Issue 3 ()

This article examines the potential for integrating conservation covenants within the framework of India’s Transfer of Property Act, 1882 (‘TPA’). Challenging the view of Indian property rights as crystallised and rigid, the article instead argues that the TPA can indeed incorporate environmental priorities, thereby reimagining property rights as valuable tools for conservation. Specifically, the article seeks to clarify both the scope and doctrinal basis for conservation covenants within Indian law, suggesting that these covenants could serve as permissible ‘burdens’ capable of running with the land. In examining the Act’s approach to restrictions on interests created by property transfers, specifically under §11 and §40, this article illustrates how conservation covenants could be integrated effectively within the doctrinal confines of the provisions. Further drawing on comparisons with the UK’s National Trusts Act, 1937, it evaluates the benefits of such integration within India’s legal landscape. In doing so, it provides an evaluation of how conservation covenants can be effectively implemented in India and argues for a reimagined approach to property rights and the ‘fusion’ of private rights with public environmental goals.

Cite as: Mahima Balaji, Property and Preservation: The Role of Conservation Covenants under the Indian Transfer of Property Act, 1882, 17 NUJS L. Rev. 1 (2024)