With Solutions

Please check whether youhave got a right question paper.

N. B. : 1. Allquestions are compulsory.
Q. 1:Answer the following in not more than Two sentences : =20.
a) Define Charge.
Answer : "Charge" is defined under Section 100 f the Transfer of Property Act, 1882 - "Where
1mmovable property of one person is by act of parties or by operation of law, made security for the
payment of money to another, andthe transaction does not amount to mortgage, the latter person is said to
 251. Author - Prof, Prakash K. Mokal.
have charge on the property, and all the provisions applying lo sinple mortgage shall also apply to such
charge [Nov, 15.
b) Define Mortgage.
Answer : Mortgage is the transfer of interest in specific immovable property for the purposc of securing
the payment of moncy advanced or to be advançed by way of loan, an existing or future debt, or the
performance of an engagement whiclh may give riNe to apecuniary liabil1ty[Apr 13; Dec 14,Nov 15])
c Whatdoes "attached to the earth" mean ?
Answer:"Atachedto the carth" under Section 3 of the Iransfer of Property Act, 1882 means a) rooted
In the carth, as in the casC of trees and shrubs: b) inmbedded in the carth, as in the casc of walls and
buildings; or c) attached to what is so embeddcd for the permanent bencficial cnjoyment of that to which
it isattachcd [Nov.11; Dec. 12; May, 14; Dec. 14; Nov. 15; Apr.l6].
d) What does "attested" mean ?
Answer: Attested under Section 3of the Transfer of Property Act, 1882 means "attested" in relation to
more witnesscs cach of whom
an instrument mcans, and shall deemed to have meant attestcd by two or
Apr. 10; Nov. 13; Apr.15; Nov. l5:
has seen the executant sign or affix his mark to the instrument Nov.08;
Dec. 16; Apr. 17; Nov.17; Apr. I8].
e) What is Profit A Prendre ?
owner (1.e. owner or occupier
Answer:Under Section 4 of the Indian Easement Act, I882, the dominant
like water, soil or stones from the land of the
of the land) has got right to take for his own use something
This right of taking away something from
another which does not belong to him (i.c. servicnt heritage). Nov.15].
the land of another, is known as "profit-a-pendre"[Apr. 13; Nov.13;
) Who is a "universal donee" ?
propcrties of another person are given in gift. Thus,
Answer: Universal donee is a perSon to whom all the
property of the donor under a gift (Apr.07; Nov.09:
the universal donee is a pcrson who gets the whole
Nov 13; Apr. 15; Apr. l6; Dec. 16].
g) Who may impose an easement ? lessee not longer in duration than his own
limited
Answer: Servient owner, lessor, mortgagor and
14; Dec. 14; Apr. 15; Nov. 15; Apr. I6; Apr. 17.
interest may impose an easement Dec.07; Nov.13; May,
Nov. 17- Q.P. Code 03437; Apr. 18].
h) Persons competent to transfer. that the person competent to
Answer: Under Section 7 of the Transfer of Property Act, 1882, provides to contract (1.e. cOmpetency
transfer must satisfythe following conditions i) he must be competent
title to the property or authornty to
under Scction |1of the Indian Contract Act, 1872); i) he must have
Nov.10; Nov. 13, Nov. I5; Apr. 17: Nov. |7;
transfer the property, if it is not his OWn [Apr.07; Nov 08;
Apr. 18]
i) Oral transfer.
means a transfer of property
Answer : Under S. 9 of the Transfer of Propcrty Act, I882, oral transfer
expressly required by law
which may be made without writing in every case in which a witng is not
Nov. 15].
i) What is subrogation ? Act.
Answer : The doctrine of subrogation Is laid doWn under Section 92 of the Iransfer of Property
IK82 A person who has advanced to a mortgagor money, with which the mortgage has been redeemed.
such person shall be subrogated to the rights of mortgagec whose mortguge has been redeemed.
 Mokal.
Subrogation means, substitution of onc persOn for another, and because of such substitution, the same
rights and obligations which were attached to the original person, also attach to the substituted person. In
person stands in that o t h r
other words, if one person Is subrogated to another, It means that such

0.2: Short Notes (Any Four): Alienation. =20.

a) Condition Restraining
b) Doctrine of Election.
c) Conditional Transfer.
d) Lis Pendens.
e) Transfer by Ostensible Owner.
) Extinction of Easement.

Q.3 : Situational Problems (Any Two): - 12.

1) Aand B haveadaughter C. C released her right of inheritance in A's property in favor of B
for consideration. Thereafter A dies.Can Bresist C's claim to her share in A's property ?
Why ? Explain the principle involved.
Answer:B cannot resist C's claim to her share in her father's (1.e. A'S) property. It is a case of
transfer of 'spes successionis' ie. a mere chance to succecd to the property, which cannot he
transferred. Thus, the transfer in this case is void as it is a mere poss1b1il1ity to succeed to the
propertyof A, her father. The principle of spes successionis. It means, "the hope of an heir to
succeed" or "the hope of succession"
2) Atakes a loan of 5 Lakhs from B under a mortgage by conditional sale. A fails to pav the
amount to B. Can B file a suit to sell mortgaged property? Does B have a right of
foreclosure?
case of
Answer: Yes., B can file a suit to sell the mortgaged property. The above case is the
Mortgage by
mortgage by conditional sale under Section 58 of the Transfer of Property Act, 1882.
conditional sale is that mortgage where the mortgagor (i.e. A) ostensibly sells the mortgaged
property (i.e. B) on condition that, on default of payment of mortgage-money on certain date. the
to
sale shall become absolute. Thus, inthis case of failure by Ato pay the amount to B. gives right
the right of B to sell the mnortgaged property:
contrary,
Yes. B has a right for foreclosure, under Section 67, in the absence of acontract to the
to him, and before
the mortgagee (i.e. B), at any time after the mortgage-money has become due
the Court for foreclosure or
the mortgage-money has been paid, has a right to obtain adecree from
mortgagor is debarred of
a decree that the property be sold. The decree of forcclosure means the
take back the
his right or prevented from enforcing his right to redeemthe mortgaged property (i.e.
mortgaged property) on payment of mortgage-money.
and went to Dubai and
3) A is a owner of a flat at Mumbai, who left behind wife B and child
Is the mortgage
was not heard of for 5 years. The wife mortgaged the flat for 50 Lakhs to C.
valid ? What are the rights of Cin case A does not return after 7 years?
the Tat,
Answer: In this case, Ais the Owner of the flat and the wife though in possession of
a rgnt
cannot mortgage the flat to Cagainst the loan obtained by her. She as a mortgagor has and s
and pavable husband
redeem the mortgage at any time or after the mortgage-money becomes due
and if her
pays the same to C(i.e. the mortgagee). If she has not redeemed the mortgage, wife.
C can enforce the mortgage as valid against the mortgagor
Adoes not return after 7 years,
= 48.
Q.4:Answer the following (Any Four) :
Exchange
a) What is an exchange ? What are the rights and liabilities of the parties to an of lesserandthe
the
b What are the characteristics ofa Lease ? Discuss the rights and liabilities
lessee.
 ale the iphts and Iab1l1ties of the buyer and
e) Whal Is ift What are the cssentials of a Gift "How are the seller
D Whal Is Gifts affected )
mortpaye " State dilferent types o mortgages and
explain any two in detail

[35|
|January, 2019 (08.01.19)]
With Solutions
Please check whether you have got a right
question paper.
N. B.: I. All questions are compulsory.
Q.1: Answer the following in not more than TwO sentences :
-20.
a) List out aone difference between a lease and a mortgage.
Answer :Lease is a transfer of right by handing over physical possession of
lessor to the lessee to occupy and enjoy theproperty in consideration of price,immovable property by the
an interest in the immovable property by mortgagor to the Mortgage is a transfer of
mortgagec tor securing the payment of
money loan advanced[May, 091.
b) What are easements of necessity ?
Answer:Section 13 of the Indian Easement Act, 1882 defines the casement of necessity. "Easement of
necessity arises when one property is severcd in two portions. And two portions must be So situated that
onecannot be enjoyed without the other i.e. without exercising a particular privilege in or upon the other
Easement of necessity is a right without which property cannot be used at all (it is aright necessary
for enjoying the subject of transfer or bequest) necessary for enjoying other immovable property of the
transferor [Nov. 05; Nov. 11; May, 12; Dec. 16l.
e) Give any one difference between vested interest and contingent interest.
Answer : \Vestedintercst is aimmediate rightto aproperty; Contingent interest depends upon an event or
condition which may or may not happen [Ap.06; Apr.07: Nov.08; Nov.l1; May,14; Dec. 14; Apr. IS.
Apr.16; Apr. 18].
d) A Hindu widow transfers her right to receive maintenance. Is the transfer valid ? Why ?
Answer : No, the transfer is not valid. Under Section 6, Clause (dd) ... ight to future maintenance
securcd or determined cannot be transferred [Nov. I1].
e) How can a transfer in case of intangible thing be made ?
Answer : The transfer of intangible property must be made only by a registered instrument.
) What is 'exchange' under the Transfer of Property Act ?
Answer : When two persons mutually transfer the ownership of onethig for the ownership of another
thing, without involving money transaction, such transaction of mutual transfer of ownership of the thing
is called exchange" Section |18 of the Transfer of Property Act, l882 [Nov.05; Nov.06; Nov 09;
Nov.10, Nov. l1; May, 12; Dec.12; May, 14].
g) What is the difference between Actual notice and Constructive notice ?
 249. Author- Prof. Prakash A. Mokal.
nNer : Actual notuce When aperNOn acqures actual knowledge of the lact, he ss sad to have actual
notce of the same, Constructive notice Undercertain circumstances,law presumes that the person has a
Lnouledge or information of the lact, though due to his Ignorance or carclessness, he may not have that
knowledge May,12; Dec 12; May, 14, Dec 14, Apr I5; Apr. IN.
h) Distinguish betweeneasement under English Law and profit a pendre.
Answer : English Law and Scetion 4 of the Transfer of Property Act, I882 - Easement is esscntially a
of a certain land 1or the purpose of
nght over another Sland. It is aright possessed by owner or 0ccupier
etectively: Under Section 4 of the Indian
beneficial enjovment of such land or toenjoy the land property of the land) has got right to take for h1s
occupier
Easement Act, l882, the domnant owner (Le. oWner or hm
something l1ke water, soil or stones from the land of theanother which does not belong to
own use
something from the land of another, is known as "profit
(1.e. servient heritage). This right of taking away
d-pendre"[Apr.13; Nov 13; Nov.15].
i) Who can acquire an easement ? person in possession may acquire an cascment [ov.
10;
property or any
Answer : Owner of immovable
May, 12: Nov 17; Apr. I8].
by a mortgagor. with the
j) Enumerate any implied contract contract to the contrary, the mortgagor shall be deemed to contract and
Answer : In the absence of a transfer to the mortgagce subsists,
the mortgagor professes to
mortgagee a) that the interest which b) If the mortgagor is in possession of
the mortgaged
to transter the same;
that the mortgagor has pOwer accruing property; ctc.
due in respcct of themortgagcd.
property, he shall pay all public charges
property he has The said lease is binding
grant lease of the etc.
Mortgagor has a power or right to interest which he professes to transfer, pay all public charges,
has an
on the mortgagee. Mortgagor Propcerty Act, I882 [Nov.10].
Section 65 of the Transfer of
= 20.
:
Q.2: Short Notes (Any Four)
Pendens.
a) Doctrine of Lis
b) Condition restraining alienation.
c) Doctrine of Election.
d) Rights of a Seller.
e) Extinction of
easement.
) Fraudulent Transfer.
= 20.
from thefollowing:
Q. 3: Attempt Any Two
C releases her right of inheritance in A's property in favour of B
) Aand B have a daughter C.
Thereafter A dies.
for consideration.
share in A's property ? Why ? of
i) CanB resist C's right to her her share in her father's (1.e. A's) property. It is a case of transferthe
Answer:Bcannot resist C's claim to cannot be transterred. Thus,
mere chance to succecd to the property, which
spes suCCeSSiOnis 1.e. a her father.
case is void as it is a mere possib1lity t0 succeed to the property ofA,
Iransfer in this
involved. of
ii) Explain the principle of spes sucCCSS0ONis. It means, "the hope of an heir to succeed" or the hope
Answer: The principle
SuCcesson".
be
property to Bwith a direction that the half the income from the property should the
2) Atransfers the property. He also directs that
accumulated and be used for the maintenance of
accumulated for a period of 25 years.
remaining half of the income should be
i) Are thedirections to B valid ?
 250. Author - Prof Prakash K. Mokal.
Answer : Section 17, Exception IIL...... The directions given to Bare valid. However,
direction
rema1ning half the income is valid only during the life of the transferor or a period of 18 years for
from the
date of the transfer whichever is longer.
ii) Explain the principle on which your answer is based.
Answer:The Principle-The storage of wealth for an unreasonable period of time (i.e, for a period of
25 years in this case) without its distribution to the cxpectant heir or its disposal is otherwise injurious to
society".
3) A takes a loan of Rs. 5 Lakh from B under a mortgage by conditional sale. A fails to pay the
amount to B.
i) Can B file a suit to sell mortgaged property ?
Answer : Yes, Bcan file asuit to sell the mortgaged property. The above case /s the case of mortgage by
conditional sale under Section 58 of the Transfer of Property Act, 1882. Mortgage by conditional sale is
that mortgage where the mortgagor (ie. A) ostensibly sells the mortgaged property (i.e. B) - i) on
condition that, on default of payment of mortgage-money on certain date, the sale shall become absolute.
Thus, in this case of failure by Ato pay the amount to B, gives right to the right of Bto sell the mortgaged
property:
ii) Does B have a right of foreclosure ?
Answer: Yes, Bhas a right for foreclosure, under Section 67, in the absence of a contract to the contrary.
the mortgagee (i.e. B), at any time after the mortgage-money has become due to him, and before the
mortgage-money has been paid, has a right to obtain a decree from the Court for foreclosure or a decree
that the property be sold. The decree of foreclosure means the mortgagor is debarred of his right or
prevented from enforcing his right to redeem the mortgaged property (i.e. take back the mortgaged
property) on payment of mortgage-money.

Q. 4: Answer Any Four from the following : = 48.

a) Discuss the rights and liabilities of a mortgagor.
b) What is the doctrine of part performance ? What conditions must be satisfied before the
doctrine of part performance ca be applied ?
c) Explain the different modes of acquiring an easement.
I What is an casement ? Explain the essentials of an easement and different types of casement.
e) Explain Lease. What are the rights and liabilities of a lessor ?
n What is Exchange? What are the rights and liabilities of parties to an exchange ?
 T88. xpla1n. Cnt types of
e) What is
Redemption ? Who can lascnents under the Ind1an Fasement Act.
What is Rule
againstof redeem a mortgage besides the Mortpagor ?
under the Transter PerpetuityWhat
Property Ac, I882arc the provisIons regard1ng Transfer to an unborn ch1ld

[37|
|December, 2019 (18.12.19)|
With Solutions
Please check whether you have got a
right question paper.
1. B. : 1. Allquestions are
compulsory.
0L: Answer in not more than T'wo
sentences: = 20.
a) What is Constructive notice ?
Answer: [May,09; Nov.10; Dec. 12: Nov. 13: May, 14; Dec. 14; Apr. I5,
Apr. 17, Apr. 18, Jan. 19]
b) Define *License" under the
Indian Easement Act, 1882.
Answer: Scction 52 of the Indian Easement Act. 1882 defines
person grants another, or to adefinite number of other perSons, athe term license When one
right to do or continue to do,
in or upon the immovable propcrty belong1ng to himn (ie.
grantor),
illegal and unlawful in the absence of such right, and such right doessomething which would be
or an interest in such propcrty, such right is
not amount an casement
called a license".
c) What is Immovable property ?
Answer:[Nov.09; May, 14; Dec.14; Apr. 16: Nov. 17; Apr. 18].
d) What is meant by "Mesne profits" ?
Answer:Nov 10].
e) Define "Oral Transfer".
Answer:(Nov. 5].
) What is Part Performance" ?
Answer: Doctrine of Part Performance Section 53-A When the transteree in part
performance of the contract has taken possession of the property and has done some act in
furtherance of the contract an he is also willing to perform remaining part of the contract, the
Iransferor cannot evict the transfereefor want of registered document.
g) When can aGift be revoked ?
Answer: INov. 1l; May, 12; Dec. 121
h) Define Exchange.
Answer: INov. 05; Nov.06; Nov.09; Nov 10; Nov.l1; Dec.12; May,14, Apr 17, Jan. |9)
i) What is Lis Pendens ?
Answer : [Apr. II; May, 12, Dec12, Nov 171
 254. Author - Prof. Prakash K. Mokal.
) Who may impose easement ?
Answer: |Dec 07, Nov 13, May,14, Dec 14, Apr I5, Nov.15, Apr. l6, Nov 17: Anr l9
May, 19]
).2: Write short Notes on Any Four of the following :
a) Fraudulent transfer. =20.
b) Easement of necessity.
c) Universal Donee.
d) R1ghts of Mortgagor.
e) Redemption.
) Revocation of Gif.
Q.3: Attempt Any Two from the following: =12.
a) Xtransfers his property to "A`for 20 ycars, then to B' for 10years, then to C° for 5 years, and
finally to A's unbom son without power of alienation.
i)What rightdoes the unborn son of A' have in the property of C' ?
Answer: The interest in the property transferred by X' to 'A' creates limited interest in A'
Therefore, A's unborn son gets no right in the property.
i) What interest do A', *B' and C'have in the property ?
Answer : There is no absolute interest created in neither 'A, or 'B' nor C', They have limited
interest in the property so transferred to them.
b) A`takes a loan of Rs. 10 Lakh from B under a mortgage by conditional sale. "A' fails to pay the
amount to B'
i)Can B' file a suit to sell mortgaged property ?
Answer: Yes, B' can file a suit to sell the mortgaged property. Conditional sale becomes
absolute if the amount is not returned on date or the mortgagor has failed to repay the amount of
debt.
ii))Does B' have a right of foreclosure ?
Answer:Yes, 'B' has a right of foreclosure. (provided thereis no contract to the contrary).
c) 'A' and 'B' have adaughter C'. C' releases her right of inheritance in 'A'sproperty in favour of
B' for consideration. Thereafter 'A' dies.
i) Can B resist 'C's share in 'A'sproperty ? Why ?
Answer : Bcannot resist C's claimto her sharein her father's(i.e. A's) property.
i) Explain the principle involved.
Answer: It is case of transfer of 'spes successionis' i.e. a mere chance to succeed to the property.
which cannot be transferred. Thus, the transfer in this case, is void as it is a mere possibility to
succeed to the property of A, her father.
Q.4 : Answer Any Four of the following: = 48.
a) What is an 'Easement' ? What are the different types of Easements under the Indian Easement
Act, 1882 ?
b) What is the doctrine of 'part performance ? What conditions must be satisfied betore the
doctrine of part performancecan be applied ?
c) What is Redemption ? Who can redeem a mortgage besides the Mortgagor ?
d) Explain the doctrine of Election.
What are the essentials of avalid lease ? Discuss the rights and liabilities of Lesser and Lessee.
) Who is an ostensible owner? What are the requirements of transfer by an ostensible owner
 247. Author - Prof, Prakash K. Mokal,
Q.3: Situational problemns -[Any Two]: = 12.

)A transfers property to his wife. But in case she should die in his life time, transfers to B
that which he had transferred to her.
) What if'A`and B' perish together?
Answer: The transfer of property by 'A' is a conditional transfer. An interest created in "B' Is
dependent upon a condition i.c. that his wife if dies during his life time,then only the property
shall go to 'B'. In this case the interest created in 'B' fails, as the fulfillment of the condition
becomes impossible. In such a case, there will be non-fulfillment of condition. B' has not
fulfilled the condition. The property shall not go to the heirs of 'B'. Thetransfer of property inthis
case, is void.
ii) Is conditional transfer allowed in law ?
Answer: Yes, conditional transfer is allowed under Section 25 of the transfer of Property Act
1882. The condition may be either- a) condition precedent, or b) condition subsequent.
Conditional Sale. A" fails to
B) A' takes a loan of Rs. 5 Lakhs from 'B' under a mortgage by
pay the amount to B'.
i) Can B file a suit to sell the mortgaged property ?
mortgaged property. The above case is the case of
Answer : Yes, B' can file a suit to sell the
Transfer of Property Act, 1882. Mortgage by
mortgage by conditional sale under Section 58 of the
(i.e 'A) ostensibly sells the mortgaged
conditional sale is that mortgage where the mortgagor default of payment of mortgage-money
property to mortgagee (ie. B') ) on conditionthat, on pay the
absolute. Thus, in this case of failure by 'A` to
on certain date, the sale shall become
the mortgaged property.
amount to 'B', gives rise to the right of 'B'to sell
ii) Does B have a right for foreclosure Transfer ? ofa contract
67 of the of Property Act, 1882,. in the absence
Answer: Yes, under Section after the mortgage-money has become due to
mortgagee (i.e. B'), at any timne
to the contrary, the decree from the Court
been paid, has a right to obtain aforeclosure
him, and before the mortgage-money has means the
or a decree that the property be sold. The decree of mortgaged
for foreclosure prevented from enforcing his right to redeem
the
mortgagor is debarred of his right or
property) on payment of mortgage-money.
property(i.e. take back the mortgaged
property of "C", worth Rs. 1crore. "A" by an instrument of gift
C) Afarm at Sultanpur is the giving by the same instrument Rs. 1.5 crore to "C",
professes to transfer it to B",
to "C" ?
i) What are the options left either to
dissent from
confirm such transfer made by "A" or to him; but if
Answer: "C" has option or right crore given to
transfer, he gets the benefit of Rs. 1.5
such transfer. If "C" confirms the fromsuch transfer), he forfeits the
gift of Rs. 1.5 crore.
to retain the farm (i.e. dissents
he elects
person professes
Transfer of Property Act, 1882 where atransaction of the
ii) Give reasons.
Answer: According to Section 35 of the
part of the
he has no right to transter, and as a
to transfer the property in which of the property, in such situation, such owner must elect
confers any benefit
transfer., on the owner dissents from such
ii) to dissent from such transfer. If he
either, i) to confirm such transfer; or benefit so conferred, and the relinquishing of the benefit
the
transfer, he will have to relinquishrepresentative disposed off
the transferor or his as if the property had not been
shall revert to
= 48.
Q.4: Answer the following- |Any Fourl: and liabilities of the parties to an Exchange ?
a) What is an Exchange ? What are the rightsDiscuss the rights and liabilities of the lessor and the
b) What are the characteristics of a Lease ?
lessce.
 245. Author - Prof. Prakash K. Mokal.

Q.3: Situational Problems : JAny Twol: = 12.

A)"A" owesmoney to "B" who transfers the debt to "C". "B" demands the debt from "A". who not
having received notice of the transfer,pays "B"
()Is the payment valid?
Answer :Yes, the payment made by "A" to "B" is valid.
(i) Can"C* sue "A" for the debt ? Give reason for your answer.
Answer: No "C cannot sue "A" as the notice of transfer has neither been given by "B or C to "A
In the present case, A" has no intimation or knowledge of transfer of debt by "B to " He has made
the bonafide payment of loan to "B", it amounts to valid payment, and therefore, "C" cannotsue "A to
recover the amount.

B) "A" transfers his property to "B" for 20 years, then to "C" for 10 years, then to -D" for 5years.
and finally to *B"s unborn son without power of alienation.
(i) What rightdoes the unborn son of "B" have in the property of "A" ?
Answer : The interest in the property transferred by "A" to "B" creates the limuted interest in B
Therefore, "B" s unborn son gets no right in the property
(ii) What interest do "B", "C", and "D" have in the property ?
Answer: There is no absolute interest created in neither "B" or "C nor "D" They have Iimited interest
in the property so transferred to them.

OAand Bhave a daughter C. C releases her right of inheritance in A's property in favour of B for
Consideration. Thereafter A dies.
() Can Bresist C's claim to her share in A's property ?Why ?
Answer:B cannot resistC's clainm to her share in her fathers (1.e. A's) property
(ii) Explain the principle involved. which
Answer :It is case of transfer of 'spes suCCeSSiOnis ie a mere chance to succeed to the property,
cannot be transferred. Thus, the transfer in this case, Is vo1d as it is a mere poss1b1l1ty to suceeed to the
rroperty of A, herfather.

Q. 4: Answer the following |Any Fourl: = 48.

a) What is "Sale" and ontract of Sale" How sale is made "W hat Is meant by marshal1ng by
subsequent purchaser?
b) What is "lease" What are the rnghts and hab1l1ties of lessor and lewee"
c) What Is "mortgage" State ditterent types of mortgages Explain any two n deta1l
d) What is Gt'What are the essenttals of a Gitt and how are gitts attected"
e) What is xchange" What properties cannot be transferred"
) Explan the d1fferent modes of acquring an easenent
 243. Author- Prof Prakash K. Mokal.
=12.
Q. 3: Situational Problems. Solve Any Two with reasons :

w" transfers his property to "B" for 20 years, then to "C" for 10 years, then to "D" for 5 years,
power of alienation.
and finally to "B"s unbornson without"B" have in the property of A" ?
What right does the unborn son of
(i)Answer: interest in "B
The interest in the property transferred by "A" to "B" creates the limited
Therefore, "B's unborn son gets no right in the property.
in the property ?
(ii)What interest do "B", "C", and "D" have "B" or "C" nor "D'" They have Iimited interest
interest created in neither
Answer : There is no absolute
transferredtothem.
inthe property so
daughter C'. Creleases her right of inheritance in A's property in favour of
B)A' and B' have a
Thereafter A dies.
B for consideration.
Can B resist C's claim to her share in A'sproperty ? Why ?
()
C's claim to her share in her father's (i.e. A's) property.
Answer :B cannot resist
involved. property, which
(i) Explain the principle spes successionis ie. a mere chance to succeed to the
Answer :It is case of transter of to the
transfer in this case, is void as it is a mere possibility to succeed
cannot be transferred. Thus, the
property of A, herfather.
path over which B', as tenant of C's house, has a right
C)'A'places a permanent obstruction in a
of way. substantial right ?
damage to B
i) Whether there is any Indian Easement Act, 1882, there is arght of easement vested in has
Answer : Under Section 4 of the use, Occupy and enjoy the premiseslet out to him by C He
to of
path ofway, 'A' hasdepr1ved 'B
right
the tenant of 'C's house. It is his permanent obstruction of his
By placing
a right of way over the land. caused a substantial damageto his right of way.
his right of easement, and thus,
called ? otcertain land possesses for che
(ii)What this kind of right is the right which the oWner or oCcupier
Answer : This right of easement is prevent or to contunue to prevent someth1ng n respect of theknown land
beneficialenjoyment of land to do or for the benetical enjoyment of which such rnght exists is
land And the
whuchdoes not belong to him. Theowner, as in this case, is B' Is known as "dominant owner"
as a "dom1nant herntage", and
the
the "servient heritage" and the
owWner or occupier of such
acquired, is called
land on which such rnght is
land is called 'servient owner
0.3: Situational Problems solve Any Two with reasons : =12.
increased by
a) A" mortgagees to "B" a certain field bordering on a river. The field is
alluvion.
i) What is meant by accession ?
added to the land naturally or
Answer : Accession means right of the property oWner to all that is
bylabour, including land leftby flood
ii) Whether "B" is entitled to the increase ?
deposits) left dueto the flood
Answer: Yes, "B" the mortgageeis entitled toalluvial (soil
company, and also shares in Y, a joint stock
b) "A" has shares in X, a prosperous joint stock of shares in Y. "A" gives *B" all
company in difficulties. Heavy calls areexpected in respect
accept the shares in Y.
his shares in joint stock companies. "B" refuses to
i)Whether "B" is entitled to shares in X?
Answer : No, "B" is not entitled to shares in the company X.
ii)State the relevant provision of law. of Property Act, 1882 which deals
Answer : This problem pertains to Scction 127 of Transfer
gift is in the fom of single transfer to the
with onerous gift. According to this Section, when a the wholegift or reject the sarne fully. The
should accept
sameperson of several things, the donee beneficial,
donee is not entitled to accept which is and reject which is onerous. In this problem,
companies. He cannot refuse to accept the
"B"must accept the entire shares of the joint stock
shares in Y'a joint stock company in difficulty.
with a proviso that in case "B" cuts down certain
c) A" transfers a farm to B" for his life
"B" cuts down the tre
trees, the transfer cease to have any effect.
?
))What is the effect of his action
Answer:|May, 2014].
law.
ii)State the relevant provision of
Answer : JMay, 2014].
: =48,
 With Solutions

N.B. : () Allquestion are compulsory. marks

(2)Figures to the right indicate full
(3)Write relevant case laws wherever nccessary
1: Answer the following in not more than Two sentences : -20.
Q.
a) What is constructive notice
Answer:|April, 201l5].
b) When can a gift be revoked ?
Answer : December, 20121.
c) Whatdoes "attested" mean ?
Answer :INovember, 2015].

d) What is conditional transfer ?

Answer :JApril, 2016].
e) law.
Give anytwoexamples of charge by operation ofProperty
:Under Section 100 of the Transfer of Act, 1882, "where immovable propert
Answer
made security for the payment of money to
law
of one person by act of parties or operation of
thelatter person is said to have charge
another, andthe transaction does not amount to a mortgage,
the property" for example - (1) Ainherited an estate from his maternal grandfather and
on sum out of the rents of the estate. In this
executed an agreement to pay his sister B, a fixed annual
lien under Section 55 (4).
case Bhas acharge on that estate: (2) Unpaid vendor's
) Who are competent to transfer ?
Answer :November, 2015].

g) What is meant by transmission ?

Answer:Transmission is the passing of an inheritance to an heir.
h) Define right of Foreclosure.
the mortgagee, the
Answer: After the mortgage-money has become due and pavable to absolutely debarred
be
mortgagee's right to obtain a decree from the court that a mortgager shall
foreclosure. [Section 67 of the
of his right to redeem a mortgaged property, is called a suit for
Iransfer of Property Act, 1882].
i) How can easement be acquired by preseription ?
 236.
Author- Prof. Prakash K. Mokal.
Answer: Actonable ( lam ncans, a clamto any debt, other than a debt secured by
mmovable propcrty or by hypothecation or pledge of movable property, or to anymortgage of
Interest in movable propety whch is not n actual or constructive possessIon of the bencficial
which clam Is recognn/ed by the Cvil Court in granting the reief, whether such debt cloraimant, and
interest is CNIstent, aceing,cond1tional or contingent. bcnefic1al
(b) Define Immovable Property.
Answer : The term 'immovable property' is not delincd under the Act. Section 3 of the
mercly states that, "lmmovable property does not include stand1ng timber, growing crops or
grass
The Indian Registration Act defines 'immovable property' as
"lnmovable property includes land, buildings, hereditary allowances, casement rights, such as 1
right to way, right to light, ferrics, fisheries or any other benefits which come into existence out of
landand things which are attached to carth, but not standing timber, growing crops or grass"
(c) When is a person said to have notice ?
Answer : Section 3 of the Act states that "A person is said to have notice of afact when he
actually knows the fact, or when, but for willful abstention from an enquiry or asearch which he
ought to have made, or gross negligence, he would know it":
(d) What is vested interest?
Answer : S. 19 of the Transter of Property defines "vested interest" as under "Where, ona
transfer of property, an interest therein is created in favour of a person without specifying the time
when it Is to take effect, or in terms spccifying that it is to take cffect forthwith or on the
happening of an event which must happen, such interest is vested, unless a contrary intention
appears from the terms of the transfer'.
(e) What is conditional transfer ?
Answer: Under Section 25 of the Transfer of Property Act, 1882 "An interest created, on a
transfer of property and depcndent upon acondition, fails if the fulfillment of the condition is
impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the
provisions of any law, or is fraudulent, or involves or implies injury to the person or property of
another, or the Court regards it as immoral or opposcd to public policy".

() Onerous gifts. is made by

Answer : Onerous gift is the gift which is burdened by an obligation. Where the gift
things) is
the donor to the same donee of several things of which one gifi (out of such several
burdened by an obligation and the other gifts are not burdened by an obligation liability, then in
rejct
donee cannot choosc to accept the other gifts which are without obligation and
such a case
words, donee has to accept
that gift of the one thing which is given to him with a liability. In other
the gift of all the things, if he docs not, he takes nothing.
or
gitt is in the tom ot
Under Scction 127 of the Transter of Property Act, 1S82 "Where the others arr o
which one is, and the
SIngle transfer to the same person of several things of
fully
burdened by an obligation, the donce can take nothing by the gitt unless he accepts it
(g) What is equitable mortgage ?
certain towns Caleutta, Matras d
Answer: Mortgage by deposit of title decds, cffected in immovable prope
Mumbai where person delivers to the creditor the documents of title of the
with intent to create security tr

(h) Who is an "Universal Donee"?

 What is an lxchange ?Lcase and Liccnse. When can a
What arc thec nghts and lhcense be revoked "
lhab1ltics of the parties to an
Exchange"
|28|
|November, 2015 (21.11.15)]
With Soliutions
() All question are
compulsory.
(2)Figures to the right indicate full marks.
(3)Write relevant case laws
wherever necessary.
. : Answer the following innot more than
Two sentences : =20.
i) Define sale.
Answer: Section 54 of the Transfer of Property Act defines the term
atransfer of ownership in exchange for a "sale" as under "Sale rs
promiscd'.
price paid or promised, or part-paid and part
ii)Define Mortgage.
Answer Mortgage is the transfer of an interest in
of securing the payment of money advanced or to specific immovable property for the purpuse
be advanced by way of loan, an existing or
future debt, or the performance of an engagement which may
give rise to a pecuniary lhability
ii) What does "attached to the earth" mean.
Answer: Attached to the carth means i) rooted in the earth, as in the case of trees and
shrubs, ii) embedded in the earth, as in the case of walls or build1ngs, iii)
attached to what Is sO
embedded for the permanent beneficial enjoyment of that to which it is attached.
What does *attested" mean.
Answer: "attested, in relation to an instrument, means and shall be deemed to have meant
attested by two or more witnesses cach of whom has seen the executant s1gn or aftix his mark
to the instrument.

V) What is Profit Prendre.

Answer : Under Section 4of the Indian Easement Act, I882, an casement is detined as the
right possessed by the owner or oceupier of certainland for the benetie1al enjoy ment of that
land to do or continue to prevent something in relation tothe land, which does not belong to
him" In view of the above, this right to do something, also includes the nght of removing or
the right of appropriating for his ownuse any part of the soil of the serv Ient her1tage (le othe
land which does not belong to him). This right of tak1ng away vometh1ng trom the land ot
another, is known as "profit-a-prendre"
Precise answer : The dominant owner (1.e. owner or OCcupier of the land) has got nght to take
for his own use something like soil or stones from the land of the another (Le servient
henitage) for hisown use. This nght Is called prulit uprende
vi) Who is a "universal donee" ?
 234. Author Prof. Prakash
K. Mokal,
Answer : Universal donec s a person to whon all the propertics of
In gitt another person
are gjven
vii) Who may impose casement?
Answer : Servicnt owner, lessor, mortgagor, lessee not longer in
Interest, duration than his own lns.
viii) Persons competent to transfer.
Answer: Section 7 of the Transfer of
conditions must bc satisfied i) he nust be Property Act, I882 provIdes that the followine
|l of the Indian Contract Act, 1872); ii) hecompetent to contract (competency under Section
must have title to the property or authority to
transfer the propcrty, if it is not his own.
ix) Oral transfer.
Answer :Under Scction 9 of the Trans•er of Property Act, 1882, a transter of
made without wriling in cvery case in which a writing is not property may be
expressly requircd by law.
X) Define charge.
Answer: "Charge" is defined under S. 100 of the Transfer of Property Act
"Wherefor
immovable property of onc person is by act of parties or by operation of law, made security
the payment of money to another, and the transaction does not
amount to
person is said to have a charge on the property; and all the provisions mortgage,
the latter
applying to simple
mortgage shall also apply to such charge".
Q.2 : Short Notes (Any Four) : 4:
(a) Fraudulent transfer. =20.
(b) Doctrine of Election.
(c) Conditional Transfer.
(d) Lis Pendens.
(e) Transfer by Ostensible Owner.
(f) Extinction of Easement.

).3 : Situational Problems (Any T'wo) :

=12.
(1) Ztransfers a property to B for life and then to the unborn child of Xfor life.
(A) In the above case, is the transfer in favour of the unborn child valid ?
Answer: Yes, the transfer in favour of the unborn son is valid. When the child is
subsequently born alive before or at the time of death of B, such child would get the property.
In the present case, the whole interest (and not the limited interest) in
property is created n
favour of the unborn child of X, therefore, under Section 13 of the Transfer of Property Act
1882, the transfer is valid.
(B) What is the maximum period during which vesting in favour of the
unborn can be
delayed ?
Answer: Under Section 14 of the Act, the vesting of a legacy may be delayed upto h
minority of the unborn person but itcannot be postponed beyond the age of minority
(2) A, a Hindu separated from his father B, sells to C three fields X, Y and Z,
A is authorized to transfer the same. Of these fields Z. does not representing na
retained by his father on Partition. belong to A since t
(A) What is the right of Cif Agets Z. on B's death if he upholds the contract of transfer in
his favour ?
Answer :Chas a right to get the ficld Z. and he may require Ato
deliver Z to him.
 235. Author Prof. Prakash K. Mokal.
(B) What is the right of C, if any, if C rescinds the contract of Transfer ? Explain tne
doctrine involved.
Answer: In the above case, it is the transferee Cwho gets the option cither to go ahead wim
pertaining to field Z as the
the transter, or rescind it. Cmay rescind the contract of sale A with respect to nis
Contract has beern entered into because of the misrepresentation made by
title over field Z. Chas got right to rescind the contract in this case.field Z to C. Here. A IS
bound to deliver
I C oes not rescind the contract,A is
estoppedpreventcd from denying his title over field Z.
the doctrine of Estoppel is made
Under Scction 43 of the Transfer of Property Act. 1882,
applicable in this case.
(3) A owes money to B whotransfers the debtpaymentto C. B then demands the debt from A.
(A) In the above case, if A pays B, is the valid ?
prescribed under Section 131 of the Transfer of Property Act, if there be no notice
Answer :A Section
payment of adebt made by A to is valid under
in writing of such transfer is given, the
130 of the Act, and Ccannot sue Afor the debt.
notice of transfer was given to A? explain
(B) In the above case, what would be the effect if
the Section involved.
present case). is given in
Answer :Ifthe notice of transfer of actionable claim (i.e. debt in the transferee to vhom the
writing. signed by the transferor stating the name and address of the transferee of the debt C
date is transferor, then the debtor would be liable to paythe debt to the
and not to the original creditor A. [Section 131].

Q. wer the following (Any Four) : = 48.

Vhat is an Exchange ? What arethe rights and liabilities of the partics to an Exchange ?
Nhat are the characteristics of a lease ? Discuss the rights and liabilities of the lesser and the
 0.3: Situational problems (Any two) :
= 12.
Three properties viz. X', Y' and Z' are mortgaged by 'A' to *B'. Subsequently A' sels
X' to C' free from encumbrances. What are the rights of
marshalling by subseguent
purchaser C' under Section 56 of the transfer of Property Act ?
Answer:'C, the subsequent purchaser, is entitled to insist that the mortgagee "B should realise
his mortgage out of the properties Yand Z which are in his possession. But, if the whole of the
debt is not realized out of properties Y and Z, then the mortgagee "B' can
well. proceed against X, as
b) A farm at Sultanpur is the property of 'C' worth Rs. 1 crore. A' by an
professes to transfer it to B',giving by the same instrument Rs. 1.5 croreinstrument of gift
to C. What are
the rights of C'. Give reasons for your answer.
Answer:According to Section 35 of the transfer of Property Act, 1882, C' has a right either to
confirm such transfer made by 'A' or to dissent from such transfer. C may confirm
of the farm, in this case, he gets the gift of Rs. 1.5 Crores of the transfer
Rupees; or C' may dissents disagree
from such transfer of his farm, (i.e 'C' elects to retain the farm), in this case,
Rs. 1.5 Crores.
he forfeits the gift of

c) In the above case A dies before election. What are the

rights of B'. Give reasons for your
answer. What are the exceptions to the rule of election ?
Answer: In this case, ifA dies before the election, his representatives must out of the
pay Rs.lcrore to B. Rs.1.5crore,

Q.4: Answer the following (Any Four) : = 48.

a) What is a Mortgage ? What are the different types of Mortgages ?
b) What are the characteristics of a Valid Gift ? What are the different types of Gifts
'?When
can a Gift be revoked ?
c) What arethe provisions with reference to extinction of Easement under Section 37 to 48 of the
Easement Act. 1882 ?
 231. Author Prof Prakash K, Mokal.
a) Define Lease.
Answer:S. Softhe Iranster of Property detines 'leasc' as under
"A lease of immovable property is atranster of anght to enjoy such propcrty, made for acertain
time, express or impl1ed, or in perpetutty in consideration of aprce which is paid or promised, or
of moncy, a share of crops, service or any other thg of value, to be rendered pernodically or on
specified occasions to the transferor by thetransferee, who accepts the transfer on such tems
b) Define Actionable Claim.
Answer : Actionable Clam means, aclaim to any deb, other than adebt secured by mortgage ot
Immovable property or by hypothecation or pledge of movable property, or to any beneficial
interest In movable property which is not in actual or constructive possession of the claimant, and
which claim is recognized by the Civil Court in granting the relief, whether such debt or beneficial
interest is exiStent, accruing, cond1tional or contingent.
c) What is constructive notice ?
has a knowledge or
Answer: Under certain circumstances. law presumes that that a person
not have that
Intormation of the fact, though due to his ignorance or carelessness he may
actually does know
knowledge. Equity which treats a man whoought to have known a fact as if he

d) What is contingent interest ?

Answer:Section 21 defines 'contingent interest' as under
favour of a person to take effect
"Where, on a transfer of property, an interest therein is created in
specified uncertain event shall not
only on the happening of a specified uncertain event, or if a
former case, on the happening of
happen, such person thereby acquires a contingent interest, in the
impossible":
theevent, in the latter, when the happening of the event becomes
e) What is conditional transfer ? "An interest created, on a
Answer: Under Section 25 of the Transfer of Property Act, 1882
fulfillment of the cond1tion Is
transfer of property and dependent upon a condition, fails if theif permitted, it would defeat the
impossible, or is forbidden by law, or is of such a nature that,
the person or property of
provisions of any law, or is fraudulent, or involves or implies injury to
policy".
another., or the Court regards it as immoral or opposed to public
) Onerous gifts.
Where the gift is made by
Answer : Onerous gift is the gift which is burdened by an obligation.
(out of such several things) Is
gift
the donor to the same donee of several things of which one obligation l1abil1ity, then in
burdened by an obligation and the other gifts are not burdened by anwithout obl1gation and reject
which are
such a case donce cannot choose to accept the other gifts
other words, donee has to accept
that gift of the one thing which is given to him with a lability. In
the gift of all the things, if he does not, he takesornothing.
"Where the gift is in the form of a
Under Section 127 of the Transfer of Property Act, 1882
which one is, and the others are not
SIngle transfer to the same person of several things of it fully".
accepts
burdened by an obligation, the donee can take nothing by the gitt unless he
2) What is Usufructuary Mortgage ?
Answer :Usufructuary mortgage is that mortgage, in which the moItgagor del1vers possession of
possession of the
the property expressly or by implhcation or binds himsclt to deliver the
mortgaged property to the nortgagee, and authonzes hin to retain the possessIOn untul pavment ot
the mortgage-money"