MCQ’s on The Transfer of Property Act, 1882
1. As per its preamble the Transfer of Property Act, 1882 is
enacted
to…. certain parts of the law relating to the transfer of Property by
act
of parties:
a. Amend
b. Define
c. Amend and define
d. None of the above
Ans.C
2. Provisions of the Transfer of Property Act, 1882 are strictly
confined
to transfer by act of parties except as provided under:
a. Section 57 and chapter IV
b. Section 56 and chapter IV
c. Section 58
d. none of the above
Ans.A
3. The Transfer of Property Act, 1882 came into force on:
a. 1st July 1882
b. 1st January 1882
c. 1st April 1882
d. 1st March 1882
Ans.A
4. Can a minor become transferor of immovable property under
Transfer of Property Act, 1882?
a. Yes
b. No
C. Depends
d. None of the above
Ans.B
5. Section 3 of the Transfer of Property Act, 1882 is:
a. Description clause
b. Interpretation clause
c. Definition clause
d. none of the above
Ans.B
6. section 38 of the Transfer of Property Act 1882 applies when the
transfer right to transfer is
a. Limited
b. Absolute
c. Unconditional
d. Unlimited
Ans.A
7. Burden of covenant runs with the land is the spirit of section…..
of
the Transfer of Property Act:
a. 40
b. 41
c. 42
d. 57
Ans.A
8. Apportionment under section 36 of the Transfer of Property Act
1882 means:
a. Proportionate division
b. Disproportionate division
c. Accommodation
d. Equitable division
Ans.A
9. Apportionment of benefit of obligation on severance is dealt
with
in the Transfer of Property Act 1882 under section:
a. 37
b. 38
c. 34
d. 36
Ans.A
10. ‘Living person’ under Section 5 of the Transfer of Property
Act,
1882 excludes
a. Company incorporated
b. Company not incorporated
c. Juristic persons
d. Assembly of individuals
Ans.D
11. Instrument under section 3 of the Transfer of Property Act,
1882
does not include:
a. Mortgage
b. Exchange deed
c. Lease deed
d. Will
Ans.D
12. If the ulterior disposition is not valid the prior disposition is:
a. Affected
b. Not effected
c. Partly affected
d. None of the above
Ans.B
13. Acceptance of the benefit by election by knowledge or waiver
be
presumed if he has enjoyed the same benefit for:
a. 1 year
b. 2 years
c. 3 years
d. 5 years
Ans.B
14. Division of interest in the matter of joint transfer of
consideration
is given in section:
a. 45
b. 42
c. 41
d. 46
Ans.A
15. The interest and power of transfer with the seller professes to
transfer in respect of section 66 of the Transfer of Property Act,
1882
that the seller shall be:
a. Deemed to contract with the buyer
b. Presumed to have acquired even otherwise
c. Responsible under any circumstances
d. None of the above
Ans.B
16. As per section 60B of the Transfer of Property Act mortgagor
as
long as has the right of redemption subsists is entitled for the
documents of title of mortgaged property in the custody of the
mortgagee for its:
a. Return
b. Transfer
c. Inspection and copies
d. None of the above
Ans.C
17. The buyer is bound to disclose to the seller any fact which:
a. Materially increases the value of the interest of the seller in the
property
b. Materially decreases the interest
c. Would affect the interest of the seller adversely in the property
d. all of the above
Ans.A
18. Where the whole of purchase money has been paid to the
seller,
title deed need not be delivered in cases:
a. Where whole of the property is sold to one buyer
b. Whole of the property is sold to several buyers
c. Seller retains the major portion of the property
d. Seller retains any part of the property
Ans.C
19. Marshalling by subsequent purchaser will not prejudice:
a. The rights of mortgagee b. Rights of the mortgagor
c. Persons who acquired gratuitously
d. Persons claiming under the mortgage property
Ans.A
20. A security is insufficient within the meaning of section 66 of
the
Transfer of Property Act, 1882, unless the value of the mortgaged
property exceeds by one third, if consisting of building exceeds:
a. 1/4
b. 1/8
c. 1/5
d. 1/2
Ans.D
21. Under the provisions of the Transfer of Property Act, 1882, the
seller is duty bound to disclose:
A. Patent defects in the property
B. Latent defects in the property
C. both A and B
D. neither A nor B
Ans.B
22. Under the provisions of the Transfer of the Property Act, 1882,
the
benefits of a contract can be assigned as an actionable claim and
transferred unless:
A. The contract is one which had been induced by personal
qualifications or considerations as to the parties to it
B. The benefit is coupled with an obligation which the assignor is
bound
to discharge
C. either A or B
D. neither A nor B
Ans.C
23. 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
Ans.D
24. What is the default interest payable under section 63 and 63 A
of
the Transfer of Property Act, 1882?
A. 8% per annum
B. 9% per annum
C. 10% per annum
D. Interest rate is not mentioned in the sections
Ans.B
25. Where the mortgage is illegal for want of registration but the
mortgagee continues in possession of the mortgaged property, a
valid
mortgage comes in existence after the expiry of:
A. 5 years
B. 10 years
C. 12 years
D. 20 years
Ans.C
26. Which e following is the right of mortgager to redeem asA
conferred by the Transfer of Property Act, 1882?
A. Right to demand that the mortgagee at his cost, should transfer
the
mortgaged property to any such third person as the mortgagor
directs
B. Right to demand that the mortgagee at his cost, should transfer
the
mortgaged property to the mortgagor
C. either A or B
D. neither A nor B
Ans.D
27. Which of the following is not valid consideration for
establishing a
lease:
A. Rent partly in money and partly in kind
B. A stipulation to pay government assessment or taxes payable by
the
lessor
C. a personal agreement by a tenant to pay a certain sum or a
certain
quantity in kind to the landlord
D. None of these
Ans.C
28. Which of the following are valid illustrations of an anomalous
mortgage?
A. A possessory mortgage without a conditional sale
B. A possessory mortgage with a right to cause the mortgaged
propertyAns.
to sale in the event of default in payment
C. both A and B
D. neither A nor B
Ans.B
29. Which of the following can be considered implied surrender of
the
lease?
A. Non acceptance of a new lease taking effect during the
continuance
of the existing lease
B. Abandonment of possession by the lessee
C. A surrender by one of the two joint lessee’s, implied surrender
on
the part of second lessee
D. None of these
Ans.B
30. Which of the following can be transferred under the provisions
of
the Transfer of Property Act, 1882?
A. The right to mesne profits
B. A decree for mesne profits
C. A transfer of property to a prostitute for future cohabitation
D. A sub-lease of a farm for the retail sale of opium
Ans.B
31. Which of the following contracts are implied in case of
mortgages
under the Transfer of Property Act, 1882?
A. That the mortgagee will pay all public charges accruing due in
respect of the property
B. Where the property mortgaged is lease property, and mortgagee
renews the lease, the mortgagee has the right to continue enjoying
the
property until the lease runs out
C. both A and B
D. neither A nor B
Ans.D
32. Which of the following instruments have been excluded by the
application of section 137 of the Transfer of Property Act, 1882?
A. Shares
B. Bills of Exchange
C. both A and B
D. neither A nor B
Ans.C
33. Which of the following is a valid example of a vested interest as
defined by the 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 deceased, 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
Ans.A
34. Which of the following is a valid example of contingent interest
as
defined by the Transfer of Property Act, 1882?
A. B gifted his property to his daughter-in-law, with a condition
that the
possession of the property will transfer to her only after B’s death
B. B made a gift of Rs.15,000 to A, deposited in an account to be
transferred to A when he attains age of majority
C. both A and B
D. neither A nor B
Ans.B
35. Which of the following is nearest to meaning of the phrase
‘English mortgaged’ as defined by the Transfer of Property Act,
1882?
A. Where on payment of certain sum by the mortgagee the
property
passes to him
B. Where there are two sales made, one at the start of mortgage
with
the condition that after the mortgage amount is paid back, the
property
will sold back
C. Where the mortgagee gets the possession of the property with
the
rights of profits, rents etc.
D. Where the mortgage is made by submitting the title deed
Ans.B
36. Which of the following is the definition of the term
‘Exchange’ as given under the Transfer of Property Act, 1882?
A. When two or more persons mutually transfer the ownership of
one
thing for the ownership of another, neither thing or both things
being
money only
B. When two persons mutually transfer the ownership of one thing
for
the ownership of another, either thing or both things being money
only
C. When two or more persons mutually transfer the ownership of
one
thing for the ownership of another, either thing or both things
being
money only
D. When two persons mutually transfer the ownership of one thing
for
the ownership of another, neither thing or both things being
money
only
Ans.D
37. Which of the following is the presumption made for lease
under
the Transfer of Property Act, 1882, unless a contract or local
usage
states otherwise?
A. The lease of immovable property for agriculture will be
assumed to
be for a period of three years
B. The lease of immovable property for purpose other than
agriculture
and manufacturing will be deemed to be for a period of one month
C. both A and B
D. neither A nor B
Ans.B
38. Which of the following is the time limit given under Section 17
of
the Transfer of Property Act, 1882?
A. Life of the 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
Ans.B
39. Which of the following is true regarding the ‘right of
subrogation’
as defined under the Transfer of Property Act, 1882?
A. Any person redeeming the property under provisions of section
91 of
the Act, has the same rights as the mortgagor against the mortgage
B. Any person redeeming the property under provisions of section
91 of
the Act, has the same right as the mortgagee against the mortgagor
C. either A or B depending on the facts of the case
D. neither A nor B
Ans.A
40. Which of the following is valid gift under the Transfer of
Property
Act, 1882?
A. A gift of interest in a house to a donee by a donor, allowing him
to
stay in it as long as he pays maintenance charges of Rs.30,000 per
month to the donor. The rental value of the property is Rs.26,000
B. A gift of land by donor to a done, in return of a stone necklace
worth
Rs.3,000. The value of land being Rs.33,000
C. A gift of single rose valued at Rs.3 to a donee, in return of the
donee
being a considerate person
D. All of these
Ans.C
41. Which of the following properties can be transferred under the
Transfer of Property Act, 1882?
A. Salary of a public officer
B. Right to sue
C. both A and B
D. neither A nor B
Ans.D
42. Which of the following propositions for distinguishing between
a
lease and a licence were made by Justice J Subba Rao in
Associated
Hotels of India v. RN Kapoor?
A. To ascertain whether a document creates a lease or a licence,
the
form of the document must be preferred to its substance
B. The real test is the intention of the parties, whether they
intended to
create a lease or a licence
C. If the document creates an interest in the property, it is a
licence;
but, if it only permits another to make use of the property, of which
legal possession continues with the owner, it is a lease
D. both A and B
Ans.B
43. Which of the following section of the Transfer of Property Act,
1882 deal with the appointment of a receiver?
A. Section 68
B. Section 68A
C. Section 69
D. Section 69A
Ans.D
44. Which of the following sections of the provisions of the
Transfer of
Property Act, 1882 deals with relief against forfeiture for the non
payment of rent?
A. Section 114
B. Section 114A
C. Section 113
D. Section 113A
Ans.A
45. Which of the following sections of the Transfer of Property
Act,
1882 do not apply to persons governed by Muhammadan law?
A. Section 55
B. Section 11
C. both A and B
D. neither A nor B
Ans.B
46. Which of the following sections of the Transfer of Property
Act,
1882 were repealed by the Transfer of Property (Amendment) Act
1929?
A. Section 74
B. Section 75
C. both A and B
D. neither A nor B
Ans.C
47. Which of the following statements are true regarding rights
and
liabilities of a lessor under the Transfer of Property Act, 1882?
A. The lessee is bound on the lessor’s request to put him in
possession
of the property
B. The lessor is bound to pay or tender, at the proper time and
place,
the premium or rent to the lessee or his agent in this behalf
C. Lessee must not without permission erect on the property any
permanent structure, except for agricultural purpose
D. Lessee must not without permission erect on the property any
temporary or permanent structure, except for agricultural purpose
Ans.C
48. Which of the following statements hold true regarding receiver
under the provisions of the Transfer of Property Act, 1882?
A. A person paying money to the receiver must make sure that the
appointment of receiver is valid
B. The receiver can use the insurance money received, subject to
other
provisions of the Transfer of Property Act, 1882, for the payment
of
interest falling due under the mortgage, if so directed in writing by
the
mortgagee
C. The receiver can use the insurance money received, subject to
other
provisions of the Transfer of Property Act, 1882, for the payment
of
principle money, if so directed in writing by the mortgagee
D. None of these
Ans.C
49. Which of the following statements 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’ include debt secured by mortgage on
the
residential house
C. The term ‘attached to earth’ will not means trees and shrubs
D. The term ‘attested’ means attested by two or more witness
Ans.D
50. Which of the following statements is true regarding suit for
redemption of mortgaged property under the Transfer of Property
Act, 1882?
A. Only mortgagor can bring the suit
B. Any creditor of the mortgagor who has obtained a decree, can
bring
the suit
C. Any creditor irrespective of decree for the same, can bring the
suit
D. Any surety for the payment of the mortgage debt, can bring the
suit
Ans.D
