SUBJECT-TRANSFER OF PROPERTY

ASSIGNMENT NO.1

PART A

1. Charge can be created by :

A. Act of parties
B. Operation of Law
C. Both A and B
D. Neither A nor B

2. The rule against perpetuity as given in section 14 of the Transfer of Property Act 1882,
applies to :

A. Immovable Property
B. Movable Property
C. Both A and B
D. Unconditional to A, Conditional to B

3. Transfer of spes succession is :

A. Valid
B. Void
C. Voidable
D. Either A or B

4. Under the provision of the Transfer of Property Act, 1882, if there are patent defect in the
property :

A. The maxim of caveat emptor will apply

B. The maxim of uberrimae ridei will apply
 C. Both A and B
D. Neither A nor B

5. ‘B’ transfers some property to ‘C’ with a condition that in case ‘A’ marries during B’s
lifetime the property will go to ‘B’. ‘A’ marries during B’s life. Which of the following
statements will apply :

A. The transfer to ‘C’ is void and property reverts back to ‘B’

B. The transfer and conditions are valid and the property will transfer to A.
C. The transfer is valid but the condition is invalid property remains with ‘C’
D. The transfer is voidable at C’s option

6. Section 5 of the Transfer of property Act, 1882 :

A. Applies to property sold in auction sale

B. Does not apply to property sold in auction sale.
C. Applies to compromise of doubtful rights
D. Does not apply to compromise of doubtful rights

7. According to provision of the Transfer of Property Act, 1882, the easements :

A. Can be transferred
B. Cannot be transferred
C. Cannot be transferred apart from the dominant heritage
D. Can be transferred apart from the dominant heritage

8. In English Law, a minor cannot hold a legal estate in Land, in India, a lease by a minor is
:

A. Valid
B. Void
 C. Voidable
D. Depends on the facts of the case

9. The first draft bill of Transfer of Property Act, 1882 was made by :

A. First Law Commission

B. Second Law Commission
C. Third Law Commission
D. Fourth Law Commission

10. An unequivocal and irrevocable settlement conferring enjoyment rights over the property
in present and each getting a specific share in it upon the death of the settlor would create
:

A. A contingent interest in favor of each of the beneficiary

B. A vested interest in favour of each of the beneficiary.
C. Either A or B depending upon the facts of the case.
D. Niether A nor B, as it would be void.

Part B

1. Define “Transfer of Property”? What are the necessary conditions for a valid transfer?

2. What is the Rule against perpetuity? What are the provisions regarding transfer to an
unborn child under Transfer of Property Act, 1882?
 ASSIGNMENT NO-2
PART-A
1. Which of the following is the time limit given under s.17 of the Transfer of Property Act,
1882 :

A. Life of transferee
B. A period of 18 years from the date of transfer
C. Either A or B whichever is longer
D. Neither A nor B

2. Which of the following properties can be transferred under the Transfer of Property Act,
1882 :

A. Salary of public officer

B. Right to sue
C. Both A and B
D. Neither A nor B

3. The provision of section 60A of the Transfer of Property Act, 1882 do not apply to :

A. The mortgagor is in possession

B. The mortgagor has recovered possession of property
C. The mortgagee has defaulted in receiving payment.
D. The mortgagor has not defaulted in making payment

4. According to supreme court rulings, the renewal of lease is :

A. Continuation of the old lease

B. A new lease
C. Cannot be made before the expiry of the old lease
D. None of these
5. Every transfer of immovable property made with intent to defeat or delay the creditors of
the transferor :

A. Shall be void
B. Shall be voidable at the option of the creditors so delayed.
C. Shall be valid as long as the main transaction is valid
D. Shall not be registrable

6. Which of the following easementary right is a continuous easement :

A. A has right to way on B’s land to reach his house

B. A’s right to support to the wall of his house from B’s wall
C. A has right to air
D. A has right to park car on B’s Land

7. If there is a condition restraining alienation then the_____.

A. Condition is void.
B. Transfer is void
C. Condition and transfer both void
D. Condition is void but transfer is valid

8. A transferor makes absolute gift to the transferee with the condition that the transferee
shall reside in it. Here the condition is _________

A. Valid
B. Void
C. Voidable
D. Void ab initio
9) Which of the following transfer have similarity?
a. Sale, Mortgage, Lease
b. Mortgage, lease, exchange.
c. Lease, exchange,gifts.
d. Sale, exchange, gift

10) In which kind of mortgage is the possession delivered?

a) English Mortgage
b) Usufructuary Mortgage
c) Simple mortgage
d) Mortgage by deposit of title deed

PART B

11) Write short note on

1. Lis Pendens
2. Ostensible owner

12) What is sale ? what are the rights and liabilities of a buyer and a seller?
 Assignment no. 3

Part -A

1) B gifts a piece of land to C, A gift deed is made and the possession of the gift deed and the
property is transferred to C, C delays the registration of the deed and the meantime B dies, the
hiers of B :

A can claim the piece of land as valid gift has not been made

B cannot claim the piece of land as valid gift has been made.

C cannot claim the piece of land, if C gets the deed registered before the hiers make a claim

D can claim the piece of land, unless C transfers the same to someone else.

2) B gifts a share of business to A on the condition that in case B does not like the future
daughter-in-law of B, the property will revert back to B. which of the following statement will
apply?

A. The gift and condition is valid.

B. The gift is absolute, condition in invalid.
C. The gift is void in totality.
D. The gift is valid in case B’s son choose not to marry.

3) Right under irrevocable licence is generally

A. Heritable
B. Transferable, when not coupled with the transfer of an assignable interest in the property.
C. Both A & B.
D. Neither A & B.

4) Contract of tenancy can be split up by:

A. Court in conviction proceedings.

B. Operation of law.
C. Either A & B.
D. Neither A nor B.

5) ‘B’ Makes a gift of residential house comprising of three distinct units, one each to D,E & F,
E refuses the gift , which of the following statement will apply?

A. One unit will default back to B

B. The house will be divided equally between D & E
C. E will continue to own one unit.
D. None of these.

6) With the express or implied consent of interest person immovable property, a person is the
ostensible owner of such property and transfer the same for consideration, then the transfer shall
not be____.

A. Voidable
B. Void
C. Valid
D. Inoperative.
7) Under the provision of the transfer of Property Act, the unknown person acquires vested
interest on transfer of his benefits

A. Upon his Birth.

B. 7 Days after his Birth.
C. 12 days after his birth.
D. No such provision is made in the Act.

8) No transfer of property can operate to create an interest which is to take effect after the life
time of one or more persons living at the date of transfer, this provision comes under;

A. Rules against retrospective transfer only.

B. Rules against perpetuity.
C. Rules against prospective transfer.
D. Rules under contingent interest.

9) A tenant remaining possession after the determination of the lease is called;

A. Tenant on sufferance
B. Tenant of will.
C. Either A or B depending whether he retains possession with or without landlords permission.
D. Both A & B.

10) ‘B’ makes a gift deed in favour of A. the gift deed contains transfer of three houses
unburdened by obligations, two houses which are mortgaged with ‘C’, two cars under the hire
purchase agreement and three horses, which of the following will apply?
A. A can accept the whole gift, he has an option to accepting or accepting or not accepting the
horses.
B. A must choose to take gift of three horses and avoid all the rest.
C. A can choose to take gift of three horses and avoid all the rest.
D. A has a choice to take over movable property and avoid immovable property.

PART B

Q.1.) Define Mortgage? Explain the different types of mortgage ?

Q.2.) what are the characteristics of a lease? Discuss the rights and liabilities of the lessor and
lessee.
 Assignment No.4

Part –A

1) B mortgaged three houses to A for the amount of 76,000 plus intrest at the rate of 11% on
the amount unpaid in due course of time B sold one of the houses to C for
Rs.55,000.Later on, B defaults in payment on the date of default the amount due to A
including interest was Rs. 1,18,994 and the value of the houses not sold to C being
Rs.3,11,222. Which of the following statement will apply?
A. C is liable for the mortgage debt of B and A can make a claim against the
property of C for the same .
B. The sale to C is void.
C. The sale to C is voidable at A’s option
D. The sale is binding and the house purchased by C is not liable to be attached by A
for the amount due.
2) C and B are two brother living as joint family. They decided to have a partition in the
partition deed the house with well fell on C, and B was allowed to take water from the
well out of brotherly love. The right to take water will be in form of:
A. Easement
B. Revocable license
C. Irrevocable license
D. Interest in the property
3) B leases out property to A for the purpose of starting a hostel for working girls. The lease
is for 10 years. In the fifth year of the lease, A further leases the whole property to C for
four years. After the expiry of ten years, the C remains in the possession of the property
and continues to pay the rent to B. Which of the following statement will apply?
A. C is in illegal possession of the property
B. The lease will continue between B and C from year to year basis
C. The lease will continue between B and C from month to month basis
D. The lease has expired, but C can continue enjoying the premises unless B evicts
him
4) Under the transfer of Property Act,1882, “attached to the earth” means;
 i. Rooted in the earth, as in the case of trees and shrubs
ii. Imbedded in the earth as in the case of walls and building
iii. Attached to what is so imbedded for the permanent beneficial enjoyment of that to
which it is attached.
A. Only (i) and (ii) are correct
B. Only (ii) and (iii) are correct
C. Only (i) and (iii) are correct all i),(ii) and (iii) are correct.
5) Subrogation as defined in section 92 of the Transfer Of Property Act 1882 can be :
A. Convention
B. Legal
C. Either A or B
D. Neither A nor B
6) The notice period of termination of lease for residential purpose is:
A. Fifteen days
B. One month
C. Two months
D. Forty-five days
7) The doctrine of Lis-pendens;
A. Is applicable on both movable and immovable property
B. Is applicable on both partial and absolute transfer
C. Is applicable on both specified and unspecified properties
D. All of these
8) Under the transfer of Property Act 1882, vested interest is;
A. Defeated by the death of the transferor
B. Defeated by the death of the transferee
C. Either or both A and B
D. Neither A nor B
9) Which of the following statement is true regarding definitions given under the transfer of
property Act 1882,
A. Term ‘instrument’ means both testamentary and non- testamentary instrument.
 B. Term ‘actionable claims’ includes debts secured by mortgage on the residential
house.
C. The term ‘attached to earth’ will not mean tree and shrubs.
D. The term ‘attested’ means attested by two or more persons.
10) Which of the following is a valid example of a vested interest as defined by Transfer of
Property Act 1882;
A. ‘B’ a deceased, in his will leaves a residential property to C, to be transferred on
the death of B’s daughter- in- law.
B. ‘B’ a deacesed, in his will left Rs.65,000 to ‘A’, to be paid on A’s 50th Birthday.
C. Both A and B
D. Neither A nor B
11) The provision of contingent interest is provided in;
A. Section 20 of the Transfer of Property Act 1882
B. Section 21 of the Transfer of Property Act 1882
C. Section 22 of the Transfer of Property Act 1882
D. Section 23 of the Transfer of Property Act 1882

PART B
Q.1) What is actionable claim? Explain how transfer is affected?

Q.2) What are the essentials of an easement? Explain the different modes of acquiring an
easement.