Transfer of Property Short Q & A

Q1. Define Land ? N08

Under the Transfer of Property Act, the term "land" includes not only the earth's
surface but also everything attached to it, whether by nature or by human effort.
It encompasses the soil, air space above the surface, and all things permanently
attached to the earth, such as buildings, trees, and fixtures. The definition of land
is comprehensive and aims to cover not only the physical surface but also the
appurtenances and rights associated with the land. It is a broad term used to
denote real property in a legal context.

Q2. Explain Riparian Owner and his rights ? N08, N09

Riparian rights refer to the rights of all landowners whose properties connect to a
running body of water, such as a river or stream. Specifically, these rights allow
landowners to make “reasonable use” of the water that flows either through or
over their properties.

Here are some key points about riparian rights:

1. Definition: Riparian rights are certain rights enjoyed by landowners whose
properties abut a running body of water. These rights include the right to
build structures like docks or piers, access the water for swimming or fishing,
and the exclusive use of water on their property if it is not navigable. If the
water is navigable, landowners cannot stop navigation or travel down the
river or stream.
2. Reasonable Use: Riparian rights are based on the principle of “reasonable
use”. This means that the rights exercised by one property owner must be
fair and equitable when compared to the rights of other owners whose
properties are connected to the same water source. Landowners cannot
monopolize the entire body of water for their own purposes; they must share
it with others in the area
3. Exclusive Use: If the water is not navigable, the riparian landowner has the
right to exclusive use of the water on their private property. Other families do
not have the right to swim in or sunbathe on the river on someone else’s
property.
4. Navigable Waters: If the water is navigable, the landowner cannot prevent
navigation or travel down the river or stream. However, they still have the
right to reasonable use, which balances their rights with those of other
landowners connected to the same water source.

In summary, riparian rights ensure that landowners adjacent to water bodies can
enjoy reasonable access and use of the water while considering the rights of
others in the area

Q3. Who is a Ostensible Owner ? A09, N12, N13,A14, J18

An ostensible owner is an individual who, through actions or statements, creates
a misleading impression of being the legitimate owner of a property, leading
others to reasonably believe in their ownership. The concept is tied to estoppel,
preventing the individual from later denying the truth of their prior
representations.

Q4. What is meant by Constructive Notice ? A09, N13, A14, N14, A15, M17,
Ju18,M19
Constructive notice in property law refers to the legal presumption that
individuals have knowledge of certain facts or legal rights based on the
information available in public records or documents. For example, when a
property is registered in a public registry, individuals are deemed to have
 constructive notice of the information contained in that registry, even if they do
not have actual knowledge of it.

Q5. What is the definition of immovable property ? N09, N14, A16

Under Section 3 of the Transfer of Property Act 1882, anything that is rooted in
the earth, embedded in the earth, or attached to something embedded in the
earth is called an immovable property. However, grass, growing crops, and
standing timber are exceptional.

Q6. Define Sale under the Transfer of Property Act ? N09, A11, A15, N22
A sale under the Transfer of Property Act involves the transfer of ownership from
the seller to the buyer in exchange for a price paid, promised, or a combination of
both. This legal concept is defined in Section 54, emphasizing the completion of
the sale when ownership is effectively transferred for the agreed-upon
consideration.

Q7. What is Exchange under Transfer of Property Act ? N09, A11, A12, N12,
A14
Under the Transfer of Property Act, "exchange" refers to a mutual transfer of
properties between two parties. In an exchange, both parties transfer the
ownership of one property for the ownership of another, and the transfer is
usually based on mutual agreement.
According to Section 118 of the Transfer of Property Act, for an exchange to be
valid, it must involve a mutual transfer of properties and the properties being
exchanged must be of the same nature or character. The parties involved in the
exchange are called the "transferors" and the "transferees."".

When two persons mutually transfer the ownership of one thing for the ownership
of another, neither thing or both things being money only, the transaction is
called an 'exchange'.

Q8. When does an easement of necessity arise ?

An easement of necessity arises when a person sells a piece of land that is
inaccessible except by passing over the seller's remaining land. In such a
situation, an easement of necessity is implied by law to ensure that the buyer has
a reasonable means of accessing and using the sold property. The easement is
considered essential for the reasonable enjoyment of the land sold, and it arises
by operation of law as a result of the necessity created by the land transaction.

Q9. Define Actionable Claim ? ****

An actionable claim, as defined in the Transfer of Property Act, refers to a claim
to any debt, other than a debt secured by mortgage of immovable property or by
hypothecation or pledge of movable property, or to any beneficial interest in
movable property not in possession either actual or constructive, of the claimant,
which the civil courts recognize as affording grounds for relief, whether such debt
or beneficial interest be existent, accruing, conditional or contingent. In simpler
terms, an actionable claim is a claim or right to recover a debt or obtain a
beneficial interest in movable property that can be the subject of a legal action or
lawsuit.
In a nutshell, an actionable claim is one that the creditor may assert against the
claimant for any sort of debt—whether actual or constructive—that is not secured
by a mortgage of immovable property, hypothecation of moveable property, or a
pledge of movable property. The claimable debts must be acknowledged by the
civil courts as justification for relief. A court of law may enforce actionable claims.
Q10. What is simple mortgage ?
A simple mortgage involves the transfer of an interest in specific immovable
property from the borrower to the lender as security for a loan, without the
transfer of possession. In case of default, the lender retains the right to sell the
property to recover the outstanding amount.

Q11. Lis pendens Means ?

Lis pendens is a Latin term that translates to "pending litigation" in English. In
legal terms, it refers to a notice recorded on a property's title indicating that a
lawsuit is pending, which may affect the title or ownership of that property. The
purpose of Lis pendens is to provide a public record of the legal proceedings
involving the property, warning potential buyers or lenders about the ongoing
litigation and the potential impact on the property's ownership or title.

Q12. Define Mortgage ?

A mortgage is a legal agreement where a borrower pledges specific immovable
property as collateral to a lender in exchange for a loan. If the borrower fails to
repay the loan, the lender can enforce its security interest through foreclosure,
allowing the property to be sold to recover the outstanding debt.

Q13. What is meant by Profit Prendre ? *****

Profit à prendre is a legal term that refers to the right to take some part of the
produce of another person's land. It is a type of easement that allows someone to
enter another person's land and take away certain natural products or profits
from that land. This could include the right to extract timber, minerals, or other
resources from the land, or to graze animals on the land.

Q14. Who is a Universal Donee ?

A universal donee is the person who receives all the properties of the donor under
a gift. Such properties include movables as well as immovables. Section 128 of
Transfer or Property Act lays down in this regard that the donee is liable for all
the debts and liabilities of the donor due at the time of the gift.

Q15. What is Vested Interest ?

Section 19 of the Transfer of Property Act, 1882 talks about Vested Interest. It is
an interest which is created in favour of a person where there is a condition of the
happening of a specified certain event and time is not specified. The person having
the vested interest does not obtain the possession of that property but expects to
receive it upon happening of a specified certain event.

Q16. What is Contingent Interest ?

Section 21 of the Transfer of Property Act, 1882 states about Contingent Interest.
It is an interest which is created in favour of a person on fulfilling a condition of
happening of a specified uncertain event. The person having the contingent interest
does not get the possession of the property but receives it upon happening of that
event but will not receive the property if the event does not happen. Contingent
interest is entirely dependent on the condition imposed on the transfer.

Q17. Who may impose easement ?

Anyone can impose an Easement by mutual agreement between property owners,
documented in writing and often recorded in public records. In some cases,
easements by necessity, prescription, or specific grants can also be imposed by law
to ensure fair access or utility services.

Q18. What is Oral Transfer ?

Section 9 of the Act talks about oral transfer of property. An oral transfer, also
known as an oral conveyance, refers to the transfer of property rights from one
 party to another without the use of a written document. In such cases, the
agreement or understanding between the parties is communicated verbally and
does not involve the formal execution of a written contract or deed. However, it's
important to note that, in many jurisdictions, certain types of property transfers,
especially those involving real estate, may require written documentation to be
legally valid and enforceable.

Q19. What is meant by expression attached to earth ?

In the context of the Transfer of Property Act (TOPA), the phrase “attached to the
earth” refers to certain elements that are closely connected to land. Let’s explore
this further:

a. Things Rooted in Earth: This category includes trees, shrubs, and similar
vegetation. However, it specifically excludes standing timber, growing
crops, and grasses. Essentially, anything that grows from the ground and
remains rooted there falls under this definition.
b. Things Embedded in Earth: This encompasses structures or objects that
are imbedded in the soil. Examples include walls and buildings. These are
permanent fixtures attached to the land.
c. Things Attached to What Is So Embedded: This refers to items that are
connected to something already embedded in the earth. For instance, if a
fixture (like a light fixture) is attached to a building, it becomes part of the
immovable property.

In summary, the concept of “attached to the earth” in TOPA encompasses both

natural elements(like trees) and man-made structures (like buildings) that are
closely associated with the land

Q20. What is meant by actual notice?

Actual notice means when a person actually knows about the existence of a fact.
The fact must be a definite information given in the course of negotiation by a
person interested in the property. The information of fact should not be a rumour
or hearsay.

Q21. Who are competent to transfer of property under the Transfer of

Property Act N10, J18
Persons competent to transfer.—Every person competent to contract and entitled
to the transferable property, or authorised to dispose of transferable property not
his own, is competent to transfer such property either wholly or in part, and
either absolutely or conditionally, in the circumstances, to the extent, and in the
manner, allowed and prescribed by any law for the time being in force.”

Q22. Who can acquire an easement?

An easement can be acquired through a formal grant by the property owner, by a
prescriptive right obtained through long-term, continuous use, or by legal
implication, such as in cases of necessity. Additionally, easements may arise
based on local customs, statutes, or specific legal provisions, providing individuals
or entities with a legal right to use another person's land for specific purposes.

An easement is a legal right that allows the owner or occupier of one piece of land
to use some other land (not their own) for the beneficial enjoyment of their own
property. Let’s delve into the essentials of easements:
Dominant and Servient Heritage:
1. For an easement to exist, there must be two distinct properties:
a. Dominant Heritage: The land for which the easementary right exists.
b. Servient Heritage: The land upon which the liability is imposed to do or
prevent something for the benefit of the dominant heritage.
 2. These two properties cannot be the same; they must be separate entities.

Examples of Easements:
1. Right of Way: Imagine ‘P’ owning a house and having a right of way over 'Q’s
adjacent house to access the street.
2. Right to Discharge Rainwater: Ensuring rainwater flows from one property to
another.
3. Right to Sunlight: Preventing obstruction of sunlight from neighboring land.

Acquisition of Easements:
1. Express Grant: Easements can be explicitly granted through deeds, mortgages,
or other forms of transfer.
2. Easement of Necessity: When an owner or occupier cannot use their property
without exercising the right of easement over another’s land.
3. Co-ownership: Easements can also be acquired by co-owners.

Remember, an easement cannot be acquired from one’s own property; it must involve
a separate piece of land

Q23. Give two examples of properties which can be transferred ? J18

It includes movable properties such as case, books, etc., and includes immovable
properties also such as lands or houses. It also includes intangible properties such
as ownership, tenancy, copyrights, etc. The word 'transfer' has also very wide
meaning.

Q24. What is Subrogation ?

Subrogation is the right of an insurer to recover any claim payments by taking
any actions against third parties, in place of the insured. A basic principle of
property liability insurance contracts is the principle of subrogation, under which
the insurer may be entitled to recovery from liable third parties.

Q25. What is attestation ?

In the context of the Transfer of Property Act (TOPA), the term “attested” refers to
the process of validating that a legal document or instrument was executed
properly by the correct person. Specifically, it involves obtaining the signature of
witnesses who can testify to the authenticity of the document. These witnesses
play a crucial role in ensuring that the transfer of property is carried out willingly
and in accordance with the law.

Here are some key points about attestation under the Transfer of Property Act:

Definition: According to Section 3 of the Transfer of Property Act, attestation means

that a person has signed the document as a testimony that they witnessed its
execution.
Witnesses’ Role: The presence of witnesses during the execution of the document
is essential. There are two scenarios:
§ Physical Presence: When attesting witnesses are physically present, at least two
witnesses must see the executant (the person transferring the property) sign
the document.
§ Personal Acknowledgement: If witnesses were not physically present during
execution, attestation can still be valid if the executant personally acknowledges
their signature to the witnesses.
Indian Law vs. English Law: The Indian definition of attestation differs from the
English law. Unlike English law, Indian law does not require the attester to be
physically present at the time of signing. Additionally, the attester need not observe
the actual execution of the document.
Q26. Define continuous and discontinuous easements.
Easements are either continuous or discontinuous, apparent or non-apparent. A
continuous easement is one whose enjoyment is, or may be, continual without the
act of man. A discontinuous easement is one that needs the act of man for its
enjoyment.

Q27. Define Gift and when it is accepted ? N08,N13

The person gifting his/her property is called the donor, and the person accepting
the gift is the donee. The donor must voluntarily gift the property to the donee
without considering the gift to be valid under the Act. The donee should accept
the gift within the lifetime of the donor for the gift to
be legally valid.

Gift is the transfer of certain existing moveable or immoveable property made

voluntarily and without consideration, by one person, called the donor, to
another, called the donee, and accepted by or on behalf of the donee.

Q28. Define Lease ?

A lease is a legal agreement between a property owner (landlord or lessor) and a
tenant (lessee) that grants the tenant the right to use the property for a specified
period, typically in exchange for rent payments. The terms of the lease outline
the rights and obligations of both parties, including the duration of the lease, rent
amount, maintenance responsibilities, and any other conditions agreed upon by
the parties involved.

Q29. What is meant by conditional transfer?

Section 25 of the Transfer of Property Act, 1882 provides for Conditional Transfer.
It means that any transfer that happens on the fulfilment of a condition that is
imposed on the other party for the transfer of property. For example, A agrees to
transfer his property to B if he gets selected for a job.

Q30. Define charge.

A charge, in legal terms, represents a security interest or encumbrance placed on
an asset to secure the repayment of a debt or the fulfilment of an obligation. It
allows the party holding the charge certain rights over the asset in the event of
default while leaving ownership with the person providing the security.

Q31. Explain Condition restraining alienation ? N08, M19

Whenever any person who is the owner of any property and is competent to
transfer the property, may transfer such property either with or without
condition. Such conditions act as limitations or restrictions on the rights of the
transferee. Conditions concerning transfer may either be condition
precedent or condition subsequent.

Condition precedent means the terms of transfer of property imposes a certain

condition which must be fulfilled before a person can take interest in the
property. Condition subsequent requires the transferee to fulfil the conditions
imposed upon him immediately after the property is vested.

Q32. What are the requirements of Transfer by Ostensible owner ? N08

What is Section 41 of Transfer of Property Act
The transfer of property to an ostensible owner is dealt with under Section 41 of
the Transfer of Property Act, 1882. According to it, when a person acts on the
express or implied consent of a person who is vested in a certain immovable
property, that person is deemed the ‘ostensible owner’ of that property.
Q33. Necessary conditions for the application of Section 41 of Transfer of
Property Act
To make use of this Section, one must meet specific prerequisites. They’re as
follows:
a. The most fundamental criterion is that the individual transferring the
property must be the ostensible owner.
b. The actual owner’s consent, which might be implied or expressed, is
necessary.
c. In exchange for the property, the ostensible owner must be compensated.
d. The transferee must use reasonable caution over the transferor’s power
over the property, and whether the transferee acted with bona fide
intention.
e. This section, needless to say, does not apply not to the transfer of
movable property, and only to that of immovable.

An exception to the ‘Nemo Dat Quod Non Habet’ rule

The rule enunciated in Section 41 acts as an exception to the general principle
that a person cannot transfer a superior title to property than what he holds i.e.
‘Nemo Dat Quod Non Habet‘. Section 41 is a well-accepted exception to this
general principle. If the real owner, for example, entrusts a
particular person with the title papers in any reasonable manner and makes him
an ostensible owner, then a third party who (after appropriate investigation)
trades with such an ostensible owner in a bona fide manner might obtain a valid
title to the property as against the real owner.

Q34. Explain forfeiture of lease ? N08

Gets terminated by the way of forfeiture like if there is a breach of any condition
on the part of the lessee or like lessee given or setting the title in the name of
third person or by himself. There are
three ways by which a lease can be terminated: –
• When an express condition is breached by the lessee. The lessor may get
possession of the property back.
• When the lessee gives the title of property or renounces his character to a
third person.
• When the lessee is declared bankrupt by banks, and if conditions are
provided for it, the lease will stand terminated.

Q35. Explain revocation of license ?N08

Revocation of a license involves the termination or cancellation of the granted
permission by a licensor to a licensee, often due to breaches of agreement terms,
non-payment, changes in circumstances, or violations of laws. The process
typically includes providing notice to the licensee, specifying reasons for
revocation, and allowing an opportunity for remedy, as outlined in the license
agreement or under relevant legal principles..

Q36. What is the doctrine of acceleration ?

The doctrine of acceleration, embodied in an acceleration clause, permits a lender
to demand the immediate repayment of the entire outstanding loan amount if the
borrower breaches specific terms or conditions in the loan agreement. This clause
allows the lender to expedite the repayment schedule, making all future
payments due immediately upon the occurrence of specified events, such as
default.

Q36. What is Doctrine of Cypress ? A09, N09

The doctrine of cy press allows a court to modify the terms of a charitable trust
when the original purpose becomes impractical or impossible, ensuring that the
trust continues to serve a charitable objective as close as possible to the donor's
 original intent. This legal principle is applied to prevent the failure of charitable
trusts and to adapt their terms in a way that remains consistent with the donor's
charitable objectives.

Q37. What is the effect of fraudulent Transfers ? A09

Fraudulent transfers, involving the intentional conveyance of assets to defraud
creditors, can lead to legal consequences such as the avoidance of the transfer,
creditor remedies, liability for damages, and potential criminal charges. The effect
includes returning transferred assets to the transferor's ownership, compensating
creditors for losses, and subjecting those involved to legal penalties..

Q38. What is meant by Constructive Notice ?

Constructive notice in property law refers to the legal presumption that
individuals have knowledge of certain facts or legal rights based on the
information available in public records or documents. For example, when a
property is registered in a public registry, individuals are deemed to have
constructive notice of the information contained in that registry, even if they do
not have actual knowledge of it.

Q39. When is the direction for accumulation of income arising from the
property is void ? A09
The direction for the accumulation of income arising from property is void under
the Transfer of Property Act in India if it exceeds the legal limit of eighteen years
for accumulation, is contrary to public policy, or directs accumulation for the
benefit of a person in being who is not within the specified categories, such as a
minor. These restrictions aim to ensure lawful and legitimate purposes for income
accumulation and protect the interests of those involved.

Life of the transferor or period of 18 years from the date of transfer (whichever is
longer).

Q40. Lay down one important difference between mortgage and lease ?
A09,A11, J19,
One significant difference between a mortgage and a lease is the nature of the
property interest involved. In a mortgage, the property owner (mortgagor) grants
a security interest in the property to a lender (mortgagee) to secure a loan, while
ownership remains with the mortgagor. In contrast, a lease involves the transfer
of a possessory interest, where the landlord (lessor) grants the right to use the
property to a tenant (lessee) for a specified period in exchange for rent, but
ownership remains with the landlord

Q41. What do you understand by spes successionis ? N09

"Spes successionis" refers to the hope or expectation of inheriting assets or
property, typically from a living relative. The term is often used in civil law
contexts to describe the anticipation of future successions rather than immediate
transfers through wills or intestacy.

Q42. What are the characteristics of a simple mortgage ? N09

The Characteristics of a simple mortgage are
1. Security
2. No Transfer of Possession
3. No Easement Rights
4. No Right to lease
5. No Right to Income
Q43 State the effects of registrations ? A10
Registration of a document provides legal recognition, public notice, and a
presumption of validity, enhancing its evidentiary value and ensuring
transparency. It also establishes priority, facilitates property transfers, and
protects against fraudulent claims, playing a crucial role in the enforceability and
authentication of various legal transactions

Q47. Define Transfer of Property ? A10

Section 5 of the Transfer of Property Act, 1882 defines the term transfer of
property. According to this section, transfer of property means an act by which a
living person conveys property, in present or in future, to one or more other
living persons, or to himself and other living persons. The phrase “living person”
includes a company or association or body of individuals, whether incorporated or
not, but nothing in this section shall affect any law for the time being in force
relating to or by companies, associations or bodies of individuals.

Q48. What is meant by redemption of mortgage ? A10

The redemption of a mortgage refers to the process by which a borrower
(mortgagor) repays the outstanding loan amount to the lender (mortgagee) and
thereby regains full ownership of the mortgaged property. Once the borrower
fulfils the repayment obligations and settles the loan, the mortgage is considered
redeemed, and the property is no longer encumbered by the mortgage.

Q49. What is the difference between mortgage and charge ? A10

A mortgage is a specific type of charge where the borrower transfers an interest
in immovable property to secure a loan, allowing the lender to take possession
and sell the property in case of default. A charge is a broader term encompassing
various forms of security interests, including mortgages, but it can apply to
movable property, investments, or other assets without necessarily involving a
transfer of ownership.

Q50. How can the following be transferred A10

a. Mortgage by deposit of title – deeds ?
b. Transfer of tangible immovable property of a value of less than Rs. 100/-
?
Mortgage by deposit of title – deeds The transfer of a mortgage by deposit of title
deeds involves executing a deed of transfer, giving notice to the existing
mortgagee, and delivering the title deeds to the new mortgagee. If required by
the jurisdiction, the transfer should be registered with the appropriate authority
to ensure legal validity.
Transfer of tangible immovable property of a value of less than Rs. 100/-To
transfer tangible immovable property of a value less than Rs. 100, a written
agreement specifying the terms should be executed, and possession of the
property delivered to the buyer. Payment of nominal stamp duty, if required, and
handing over relevant documents to the buyer complete the transfer process.

Q51. Explain the main feature of English mortgage ?

The main feature of an English mortgage is the transfer of legal ownership of the
mortgaged property to the lender (mortgagee), with the borrower (mortgagor)
retaining equitable ownership. This arrangement allows the borrower to reclaim
the property upon complete repayment while providing the lender with a secure
interest in the property.

Q52. What is an apparent easement ?

An apparent easement is an easement that is evident and visible upon an
inspection of the property or by reviewing public records. It is clear and
conspicuous, either through physical indications on the land or through recorded
 documents, making it easily discoverable by anyone examining the property or its
legal records.

Q53. What is onerous gift ? A14, N14

Onerous gift under Section 127 of Transfer of Property Act “Where a gift is in the
form of a single transfer to the same person of several things, of which one is,
and the others are not, burdened by an obligation, the donee can take nothing by
the gift unless he accepts it fully,” reads the Section 127 of the Act

Q54. What is meant by mesne profit ? N10, D19

Mesne profits refer to the profits or damages that a person in wrongful possession
of another's property is liable to pay to the rightful owner. It represents the
compensation for the use and occupation of the property during the period when
the wrongful possession occurred, and the rightful owner was deprived of the
property's enjoyment. Mesne profits may be claimed in legal proceedings to
compensate for the loss suffered by the owner due to the unauthorized
occupation of the property by another party

Q55. Define right to pre-emption ? N10

The right of pre-emption, also known as the right of first refusal, is a legal right
that gives a person the option to purchase a property before the owner sells it to
a third party. This right is often found in contracts or property agreements and
allows the person with the pre-emption right to match the terms of a third-party
offer and purchase the property on those terms. The purpose of the right to pre-
emption is to protect the interests of the person holding the right by providing
them with the opportunity to buy the property on equal terms with a third party.

Q56. How can a transfer in case of intangible thing be made ? N10

A transfer of an intangible thing, such as intellectual property or a contractual
right, is typically accomplished through a written agreement.

Q57. What is anomalous mortgage ?

when a mortgage does not precisely fall into the definitions of a simple mortgage
or a mortgage by conditional sale, it is categorized as an anomalous mortgage.
The specific terms and conditions of an anomalous mortgage are determined by
the agreement between the parties involved and may vary based on their mutual
understanding and intentions.

Q58. What is the difference of Actual Notice and Constructive Notice ? N12
actual notice involves direct knowledge, while constructive notice involves legal
assumptions about what someone should have known based on the information
available in public records

Q59. Distinguish between easement under English Law and profit a pendre ?
J19
Distinction Between Easement and Profit a Prendre (i) An easement confers
merely a convenience to be exercised over the neighbouring land without any
participation in the profit of it. If accompanied with participation in the profits of
neighbouring soil, they are known as profit-a-prendre.

Q60. Enumerate any implied contract by a mortgagor ?

The implied contract under clause (c) of section 64 is that the mortgagor will, so
long as the mortgagee is not in possession of the mortgaged property, pay all
public charges accruing due in respect of the property. The clause does not apply
where the mortgagee is in possession of the mortgaged property.
Q61. Enumerate any two rights which cannot be acquired by the prescription ?
A11
Easements acquired under section 15 are said to be acquired by prescription, and
are called prescriptive rights. None of the following rights can be so acquired:--
a. a right to the free passage of light or air to an open space of ground;
b. a right to surface-water not flowing in a stream and not permanently collected
in a pool, tank or otherwise;
c. a right to underground water not passing in a defined channel.

Q62. State any two difference between conditional precedent and conditional
subsequent ? A11
A condition subsequent is a philosophical and legal term referring to a defined
event which terminates a proposition or a contractual obligation. In contrast to a
condition precedent, a condition subsequent brings the event (or obligation) to an
end, rather than being necessary for to the event or obligation to occur.

Q63. What is Dominant Heritage ? A11, A12, N12, N16, J18

The owner or occupier of certain immovable property possesses rights for the
beneficial enjoyment of his property.

Q64. What is the exception to the rule that restriction on alienation is void ?
A11
Whenever any property is transferred which absolutely restrains transferee from
disposing of his interest then such restrain would be considered as void. However,
there certain exceptions to rule of restrain on alienation. Exceptions are n the
favor of lessor ( LEASE) and other in the favor of married woman .

Q65. Who is a heir apparent ? A11, A12,Ju18, N22

An heir apparent is a person who is first in an order of succession and cannot be
displaced from inheriting by the birth of another person. In other words, their
right to inherit is indefeasible, except by exclusion under a valid will if they
survive the ancestor. An heir apparent holds a position of unquestionable legal
claim to an inheritance, whether it’s a royal or noble title or private property.
To put it simply, if you’re the heir apparent, you’re next in line – no ifs, ands, or
buts. It’s like being the next banana in the bunch, waiting to be plucked

Q66. What is Res Extra Commercium ? can they be transferred ? A11

"Res extra commercium" is a Latin legal term that translates to "things outside
commerce" in English. It refers to certain objects or rights that are considered
outside the sphere of commerce or trade and are, therefore, not subject to
regular commercial transactions. These are typically things that are either sacred,
dedicated to public use, or inherently incapable of private ownership.

Q67. List the difference between lease and sale ? A11

In lease, there is no transfer of ownership of a property whereas in sale there is
transfer of ownership of property from seller to buyer. Also, in lease, there is only
transfer of interest in property unlike in sale where there is complete transfer of
ownership, interest on property etc.

Q68. What is easement of necessity ? N11, A12

An easement by necessity is defined as an “easement created by operation of law
because the easement is indispensable to the reasonable use of nearby property,
such as an easement connecting a parcel of land to a road” (Black's Law
Dictionary).
Q71. Enumerate any two kinds of transfer to which the transfer of property act
does not apply ? N11
The Transfer of Property Act considers the term "transfer" to include various
modes such as sale, mortgage, lease, actionable claim, gift, or exchange.
However, it does not apply to transfers that occur through the operation of law,
such as inheritance, forfeiture, insolvency, or sale through a decree's execution.

Q72. What are accessory rights ? N11, N12

An accessory right is an extra right that someone has in addition to their main
right. For example, if someone owns a piece of land, they might also have an
accessory right to use a road that goes through the land. Accessory rights are like
bonuses that come with the main right.

Q73. A Hindu widow transfers her rights to receive maintenance. Is the

transfer valid ? why ? N11,J19
It includes 'religious office'. Right to future maintenance is personal benefit to
whom it is granted. However arrears of past maintenance can be transferred.
Example: The right of a Hindu widow to maintenance is a personal right which
cannot be transferred.

Q74. How can the gift of an immovable property be effected ? N11

For the purpose of making a gift of immoveable property, the transfer must be
effected by a registered instrument signed by or on behalf of the donor, and
attested by at least two witnesses.

Q75. Give one instance where the mortgagee has a right to sue for mortgage
money ? N11
The mortgagee has the right to sue for mortgage money when the borrower
defaults on repayment, and the mortgage agreement includes an acceleration
clause allowing the lender to demand immediate payment of the entire
outstanding loan amount. In such cases, the mortgagee can initiate legal
proceedings, including foreclosure, to recover the unpaid mortgage money by
selling the mortgaged property.

Q76. When can a gift be revoked ? N11, A12, N12, M17, D19
The period of limitation for the revocation of gifts on the ground of fraud,
coercion, misrepresentation or undue influence is three years from the date on
which such facts are known to the plaintiff (donor)The right to revoke the gift on
the above mentioned grounds is lost when the donor ratifies the gift either
expressly or by his conduct.

Q77. What is easement ? what is dominant and servient heritage ? N12

Easement:
An easement is a legal right that allows one party (the dominant owner) to use
the land of another party (the servient owner) for a specific purpose. This right is
a restriction on the servient owner's rights and typically involves a non-
possessory interest. Easements can take various forms, such as the right of way,
the right to light, the right to drain water, or the right to support.

Dominant Heritage:
The dominant heritage refers to the property that benefits from the easement. In
the context of an easement, the land that enjoys the right to use the easement is
called the dominant tenement or dominant estate. This property benefits from the
easement, and the owner holds the dominant heritage in relation to the
easement.

Servient Heritage:
 The servient heritage refers to the property that is burdened by the easement. In
other words, it is the land over which the easement right is exercised. The
servient tenement or servient estate is subject to the easement for the benefit of
the dominant tenement.

In summary, the dominant heritage is the property that benefits from the
easement, while the servient heritage is the property over which the easement
right is exercised. Easements create a legal relationship between these two
properties, allowing for specific uses or privileges granted to the owner of the
dominant tenement over the servient tenement.

Q78. Two Examples of charge of operation of law ? A13, A17

A charge can also be created by the operation of law. It means the charge is
created without the will or intention of the parties, but the law enforces them to
comply with certain obligations.
For example- B made full payment of purchase money to A in advance. But A is
neither transferring the property nor registering it in the name of B. A charge will
be created by the operation of law over the said property in favour of B.

Q79. Doctrine of Lost Grant ? A13

The Doctrine of Lost Grant is a legal principle that may be applied when the
continuous and long-standing use of a certain right over another person's land
implies the existence of a grant (permission) to exercise that right, even if no
formal grant document can be found. In other words, the doctrine presumes that
a grant must have existed at some point, but it has been lost or cannot be
produced.

Q80. Any two rights of a mortgagee ? A13

On the other hand, mortgagees also have rights, such as the right to foreclose or
sell the property to recover their dues if the mortgage money becomes due. They
can sue for the mortgage money in specific circumstances, have the right to
accession, and may obtain renewed leases for security purposes. Furthermore,
mortgagees are entitled to reimbursement for expenses incurred in managing and
preserving the mortgaged property.

Q81. Define immovable property with two examples of what are not
immovable property ? A13,N13,
Also, those things that are attached to the earth or fastened to some other thing
that is attached to the earth are also included under the category of immovable
properties. However, growing crops, grass and standing timber are not
considered under the category of immovable properties.

Q82. When is a person said to have a notice ? A16

["a person is said to have notice"] of a fact when he actually knows that fact, or
when, but for wilful abstention from an enquiry or search which he ought to have
made, or gross negligence, he would have known it.

Q83. What is equitable mortgage ? A16

An equitable mortgage is a legal arrangement where a borrower offers their
property as security for a loan without transferring ownership to the lender. In
this type of mortgage, the lender holds an equitable interest in the property,
giving it the right to sell it if the borrower fails to repay the loan.

Q84. What do you mean by instrument ? J18, Ju18

In legal terms, an "instrument" refers to a written document that serves as a
means of formalizing or recording a legal right, transaction, or agreement.
 Instruments are often used to create, transfer, or evidence rights and obligations
between parties. These documents can take various forms and serve different
purposes in the legal context. Examples of instruments include contracts, deeds,
wills, promissory notes, and certificates.

Q85. Define License under Indian Easement Act ? D19

52 of the Act, defines a 'licence' as a right granted by one person to another to do
something in or upon the grantor's immovable property, which act would in the
absence of such a right be unlawful.
In simpler terms, a license is a permission or authorization granted by the owner
of immovable property (the grantor) to another person (the licensee) to do a
specific act or activity on the property. It is important to note that a license is a
personal right and does not create any interest in the property itself