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LEGAL REASONING
PRACTICE SHEET ( TOTAL LECTURE -3)
TRANSFER OF PROPERTY
Directions (1-5) Read the following passage
and answer the given questions.
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.
Section 6 of the Transfer of Property Act, 1882
discusses the property which may be
transferred. The section states that property of
any kind may be transferred. However, Clauses
(a) to (i) of section 6 mention the properties
which cannot be transferred.
Clause (a) describes spes successionis cannot
be transferred. This clause states that the
transfer of a bare chance of a person to get a
property is prohibited under this section. For
example, Arun expecting that Chandini, his
aunt, who had no issues, would bequeath her
house worth Rs. 50,000 transfers it to Bhushan.
The transfer is invalid as it is a mere matter of
chance of receiving the property on the part of
Arun. Thus, it is invalid.
Clause (b) mentions that the right of re-entry
cannot be transferred. The right to re-entry
implies a right to resume possession of the land
which has been given to someone else for a
certain time. The section mentions that the
right of re-entry cannot be transferred by itself
apart from the land. For example, A grants a
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lease of a plot of land to B with the condition
that if shall build upon it, he would re-enter —
transfers to C his right of re-entering in case of
breach of the covenant not to build. The
transfer is invalid.
Clause (c) mentions that easement cannot be
transferred. An easement is a right to use or
restrict the use of land of another in some way.
For example, the right of way or right of light
cannot be transferred.
Clause (d) mentions that an interest restricted in
its enjoyment of himself cannot be transferred.
For instance, if a house is lent to a man for his
personal use, he cannot transfer his right of
enjoyment to another.
Clause (dd) restricts the transfer of the right to
maintenance. Such a right cannot be
transferred as such right is for the personal
benefit of the concerned person.
Q1 Arun expects to inherit his aunt Chandini's
house worth Rs. 50,000. He transfers this
expectation to Bhushan. What is the legal
status of this transfer?
(A) The transfer is valid because Arun has a
legitimate expectation.
(B) The transfer is invalid because it's a
mere chance of receiving the property.
(C) The transfer is valid because it involves
property worth a significant amount.
(D) The transfer is valid if Chandini consents
to it.
Q2 A grants a lease of a plot of land to B with
the condition that B will build upon it. A
retains the right to re-enter if B breaches
the covenant. B then transfers this right to
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re-enter to C. What is the legality of this
transfer?
(A) The transfer is invalid because the right
to re-enter cannot be transferred
separately from the land.
(B) The transfer is valid because B is
allowed to transfer the right to re-enter.
(C) The transfer is valid because it involves
a lease of land.
(D) The transfer is valid if A consents to it.
Q3 X has a right of way over Y's property. X
transfers this right to Z. What is the legal
status of this transfer?
(A) The transfer is valid because
easements can be transferred.
(B) The transfer is valid because the right
of way is a common easement.
(C) The transfer is invalid because
easements cannot be transferred.
(D) The transfer is valid if Y consents to it.
Q4 A lends his house to B for personal use. B
transfers his right of enjoyment to C. What
is the legality of this transfer?
(A) The transfer is valid because A's house
is involved.
(B) The transfer is valid because personal
use rights can be transferred.
(C) The transfer is invalid because a
personal right of enjoyment cannot be
transferred.
(D) The transfer is valid if A and B both
consent to it.
Q5 D has a right to receive maintenance from
E. D transfers this right to F. What is the
legality of this transfer?
(A) The transfer is valid because it involves
a right to maintenance.
(B) The transfer is valid if E agrees to the
transfer.
(C) The transfer is invalid because rights to
maintenance cannot be transferred.
(D)
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The transfer is valid if D and F are close
relatives.
Directions (6-10) Read the following passage
and answer the given questions.
Section 7 of the transfer of property act has
laid down rules with regard to the eligibility
criteria for transferring one’s property. According
to the transfer of property rule, only an
individual who is competent to enter into a
contract with others is eligible to perform
property transfer. Furthermore, an individual
willing to transfer property should have the
authority to perform the transfer, though
he/she is not the property’s real owner.
In addition to the above, any property transfer
must be performed by a competent person
who is above 18 years of age. The person
transferring a property must be of a sound mind
should be someone who is not disqualified by
law and must not be intoxicated. Besides,
property transfer must take place between
living beings (it can be an association, a
company or a body of individuals).
The key elements of the transfer of Property Act
1882 are:
Property transfer must be done by a competent
person. He/she should not be intoxicated, must
be of a sound mind, and should be a major or
someone who is not disqualified by law.
For conveyance of property, it’s necessary that
the transfer is not done before the title.
Conveyance can be performed in the present
or decided to be exercised in the future.
For property transfer, the property should be
‘transferrable’. Some properties like the right to
sue, the right to future maintenance, stipends to
the air force/navy/political prisoners/civil
pensioners and the chance of an heir-apparent
to succeed to an estate are not transferrable.
The property must comply with the mentioned
conditions in order to be transferrable. In the
event of the condition becoming forbidden by
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law, immoral, impossible or opposed to public
policy, the transfer would be considered void.
Property transfer to an unborn child is not
allowed. However, it can be first transferred in
favour of an individual who is alive on the
transfer date. The property will vest in this
person’s name until the child is born.
The transfer of property must take place during
an individual’s lifetime, and the perpetuity rule
must not be followed during the transfer.
Property transfer can be done via verbal/oral
agreement, except in cases that require a
written agreement. For instance, sale of
movable property whose value exceeds a
hundred rupees, transfer of actionable claims,
immovable property lease that exceeds more
than a year, a gift that’s in the form of
immovable property, etc.
Q6 Sarah wants to transfer her ancestral
house to her cousin. She is 16 years old and
of sound mind. Is she eligible to perform
this property transfer?
(A) Yes, because she is of sound mind.
(B) No, because she is not 18 years old.
(C) Yes, because the property is ancestral.
(D) No, because she is not the real owner
of the property.
Q7 Mark wants to transfer his right to receive a
pending payment from a business deal to
his friend Lisa. Is this transfer valid under
the Transfer of Property Act?
(A) Yes, because it involves a movable
property.
(B) No, because it involves an actionable
claim.
(C) Yes, because Lisa is a close friend of
Mark.
(D) No, because the payment amount is
not mentioned.
Q8 Emily wants to gift her piece of land to her
niece, Mia. The land is worth 200 rupees.
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How should this transfer be executed to be
valid?
(A) Verbal agreement between Emily and
Mia.
(B) Written agreement signed by both
parties.
(C) Verbal agreement witnessed by two
neighbors.
(D) Written agreement not required for
gifts.
Q9 David plans to transfer his property to his
son who is yet to be born. Is this transfer
valid according to the Transfer of Property
Act?
(A) Yes, since the property is intended for
family.
(B) No, because the property must be
transferred to a living person first.
(C) Yes, if David provides a written consent
for the unborn child.
(D) No, because property transfer cannot
be done within the family.
Q10 A company wants to transfer its office
building to another company through a
written agreement. The office building is
on lease for 5 years. Is a written
agreement necessary for this transfer?
(A) Yes, because it involves an immovable
property lease exceeding a year.
(B) No, because it's a corporate property
transfer.
(C) Yes, but only if the building is worth a
certain amount.
(D) No, because verbal agreements are
sufficient for corporate transfers.
Directions (11-15) Read the following passage
and answer the given questions.
The sale deed transfer is the most common and
straightforward type of property transfer. It
involves the sale of property from one party
(seller) to another (buyer) in exchange for a
predetermined consideration. The sale deed is
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executed on stamp paper and registered with
the sub-registrar’s office to make it legally valid.
The sale deed transfer requires the mutual
consent of both parties, and it establishes the
buyer’s ownership rights over the property. A
gift deed transfer involves the voluntary transfer
of property from one party (donor) to another
(donee) without any monetary consideration.
This type of transfer is commonly used for
gifting property to family members, friends, or
charitable organizations. The gift deed must be
executed on stamp paper and registered to
ensure its legal validity. It is important to note
that gift transfers may have tax implications,
and individuals should consult with a tax expert
for guidance. Inheritance or succession occurs
when a property is transferred to legal heirs
upon the death of the owner. The transfer of
property through inheritance is governed by the
personal laws applicable to the deceased,
such as the Hindu Succession Act, Muslim
Personal Law, or Indian Succession Act. The
legal heirs may need to obtain a succession
certificate or probate from the relevant court to
establish their ownership rights. Proper
documentation and legal procedures are
essential to ensure a smooth transfer of
inherited property. Partition deed transfer is
employed when co-owners of a property wish
to divide and transfer their respective shares.
This type of transfer is commonly used in cases
of joint ownership among family members or
business partners. A partition deed clearly
defines the shares of each co-owner and is
executed on stamp paper. It must be registered
with the sub-registrar’s office to establish the
new ownership rights of each party. A power of
attorney (POA) transfer occurs when the
property owner authorizes another person (the
attorney) to act on their behalf in property-
related matters. The attorney may have the
authority to sell, lease, manage, or transfer the
property. The POA should be executed on
stamp paper and registered according to the
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applicable laws. Property transfers in India can
take various forms, depending on the specific
circumstances and objectives of the parties
involved. Whether through a sale deed, gift
deed, inheritance, partition deed, or power of
attorney, each type of transfer has its own legal
requirements and implications. Understanding
the characteristics and procedures associated
with different types of property transfers is
essential to ensure a smooth and legally valid
transaction.
Q11 Sheela transfers a property worth rupees 1
lakh to Meera in exchange for jewelry
worth rupees 50,000. Is this transfer of
property valid?
(A) It is valid since both parties mutually
agreed to it.
(B) It is invalid because the consideration
is insufficient, and Sheela would incur a
loss of 50,000.
(C) It is valid since the minimal
consideration is not a concern, and
the transfer was executed validly.
(D) It is invalid because an exchange
should involve an exact amount, and
here, there is a 50,000-rupee deficit.
Q12 A sells B a house for 20 lakhs, which was
on rent. B starts collecting the rent of the
house, but this property sale was not
registered with the sub-registrar's office. Is
this sale legally valid?
(A) Yes, since there was constructive
delivery from A’s part, and A's intention
is crucial.
(B) No, since compliance with legal
formalities is essential.
(C) Yes, because registration can be
completed later, with consent and
delivery being the primary factors.
(D) Both A and C.
Q13 Jethalal, a property trader, authorizes
Mehta to handle property transfers on his
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behalf. After receiving ownership, Mehta
receives a lucrative offer to sell the
property at a significantly higher market
rate. Mehta proceeds with the sale. Is
Mehta's second sale valid?
(A) No, the second sale by Mehta is invalid
because he lacked authority
transfer the property, as he was not
appointed as Jethalal's Power of
Attorney.
(B) Yes, the second sale is valid because
Jethalal's authorization to
property transfers implies a Power of
Attorney.
(C) Yes, the second sale is valid because
Mehta acted in good faith to benefit
Jethalal's profit.
(D) Yes, the second sale is valid because it
aligns with Jethalal's
practices.
Q14 Krishna intended to gift all his property to
a friend in Dubai. After Krishna's passing,
his legal heirs claimed ownership through
inheritance under the Hindu Succession
Act. Subsequently, Krishna's friend arrives
in India to claim the gifts. Which property
transfer is valid among the two?
(A) The property transfer as a gift is valid
since Krishna's intentions
precedence, and he intended to gift it.
(B) The property transfer as a gift is invalid
because it lacks proper legal stamping
and registration.
(C) The property transfer as a gift is
invalid because Krishna's friend's claim
came after Krishna's death.
(D) The property transfer
inheritance is valid because the initial
gift transfer was legally
leading to inheritance according to
the Hindu Succession Act.
Q15
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X authorized his wife to transfer their
entire property to their children as a gift
upon his death. Under which classification
does this property transfer fall?
(A) Transfer of property through a Gift
deed.
to (B) Transfer of property through
inheritance.
(C) Transfer of property through Power of
Attorney.
(D) All of the above.
handle
Directions (16-20) Read the following passage
and answer the given questions.
Section 105 states the definition of a lease
which states that it is a transfer of immovable
property for a particular period for a
consideration of which the transferee has
accepted the terms surrounding the
business
agreement.
What are the essentials of a lease?
Parties must be competent: The parties in a
lease agreement should be competent to
enter into a contract. Lesser should be
entitled to a property and have absolute
rights over that property.
Right of possession: Ownership rights are not
transferred in a lease, only the possession of
the property is transferred.
take Rent: Consideration for a lease can be taken
in the form of a rent or premium.
Acceptance: Lessee, who is to get the
interest in the property after the lease, has to
accept the lease agreement along with the
period and terms & conditions imposed on
the transfer.
Period: Lease always takes place for a
through particular period which is to be specified in
the lease agreement. It can be relaxed at
invalid, the option of the lessor.
Section 106 provides for the duration of the
lease in the absence of the lease agreement. It
lays down that in the absence of a contract,
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the lease can be ended by both parties to the
lease by issuing a notice to quit.
Section 107 states about the lease how made.
This section covers three aspects:
1. When there is a lease of Immovable property
for a term of 1 yearor more – This can only be
made by a registered deed.
2. All other leases of Immovable property –
Can be either made by a registered deed or
an oral agreement or settlement along with
the transfer of possession of that property.
3. When the lease is of multiple properties that
require multiple deeds, it will be made by
both parties of the lease.
Section 111 states the determination of the
lease, which lays down how lease is terminated:
1. Lapse of time– When the prescribed time of
the lease expires, the lease is terminated.
2. Specified event– When there is a condition
on time of lease depending upon the
happening of an event.
3. Interest – Lessor’s interest to lease the
property may cease, hence resulting in the
termination of the lease.
4. Same owner– When the interest of both
lessor and lessee are transferred or vested in
the same person.
5. Express Surrender– This happens when the
lessee ceases to have an interest in the
property and comes into a mutual
agreement with the lessor.
6. Implied Surrender– When the lessee enters
into a contract with another for the lease of
property, this is an implied surrender of the
existing lease.
7. Forfeiture– There are three ways by which a
lease can be terminated:
When there is a breach of an express
conditionby the lessee. The lessor may get
the possession of the property back.
When the lessee renounces his characteror
gives the title of the property to a third
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person.
When the lessee is termed insolventby the
banks, and if the conditions provide for it, the
lease will stand terminated.
8. Expiry of Notice to Quit – When the notice to
quit by the lessor to the lessee expires, the
lease will also expire.
Q16 Sarah entered into a lease agreement
with James for a commercial property.
However, James later discovered that
Sarah was a minor at the time of entering
the contract. Can James terminate the
lease agreement based on the lack of
competency of one of the parties?
(A) Yes, because Sarah's status as a minor
renders her incompetent to enter into
a contract, thus invalidating the lease
agreement.
(B) No, because Sarah's minor status does
not affect her ability to accept the
terms of the lease agreement.
(C) Yes, because the lessor must have
absolute rights over the property,
including the right to enter into a
contract with competent parties.
(D) No, because the lack of competency
only applies to the lessee, not the
lessor.
Q17 John leased a warehouse to Mark for a
period of three years. However, after two
years into the lease, John decided to sell
the warehouse to a third party. Can John
terminate the lease agreement with Mark
due to the sale of the property?
(A) Yes, because the sale of the property
terminates the lessor's interest in
leasing the property, thereby ending
the lease agreement.
(B) No, because the lease agreement is
binding regardless of changes in the
lessor's ownership of the property.
(C)
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Yes, because John's interest in the
property ceases upon its sale, leading
to the termination of the lease.
(D) No, because the lease agreement is
independent of changes in the lessor's
ownership of the property unless
specified otherwise in the agreement.
Q18 Emma leased an apartment to Sarah for
a term of two years. However, during the
lease term, Emma decided to transfer her
ownership of the property to her sister.
Can Sarah claim an implied surrender of
the lease agreement due to Emma's
transfer of ownership?
(A) Yes, because the transfer of ownership
of the property implies a surrender of
the existing lease agreement.
(B) No, because the transfer of ownership
does not automatically terminate the
lease agreement unless expressly
stated in the agreement.
(C) Yes, because Sarah entered into a
contract with Emma's sister for the
lease of the property, indicating an
implied surrender of the existing lease.
(D) No, because an implied surrender of
the lease agreement requires mutual
agreement between the lessor and
lessee, which is absent in this situation.
Q19 Michael leased a piece of land to Peter
for agricultural purposes for a period of
five years. However, Peter failed to pay
the rent for two consecutive years. Can
Michael terminate the lease agreement
based on Peter's breach of the lease
condition?
(A) Yes, because Peter's failure to pay rent
constitutes a breach of an express
condition of the lease agreement.
(B) No, because termination of the lease
agreement requires a court order
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regardless of the lessee's breach of the
lease condition.
(C) Yes, because Michael can reclaim
possession of the land upon Peter's
failure to fulfill his obligation of paying
rent.
(D) No, because termination of the lease
agreement due to breach of condition
requires explicit consent from both
parties involved.
Q20 Alex leased a commercial space to
Emma for a period of one year. However,
midway through the lease term, Emma
became insolvent and declared
bankruptcy. Can Alex terminate the lease
agreement based on Emma's insolvency?
(A) Yes, because the lease agreement
provides for termination in case of
lessee's insolvency.
(B) No, because termination of the lease
agreement due to insolvency requires
a court order.
(C) Yes, because Emma's insolvency
constitutes a breach of an express
condition of the lease agreement.
(D) No, because termination of the lease
agreement requires explicit consent
from both parties involved, regardless
of Emma's insolvency.
Directions (21-25) Read the following passage
and answer the given questions.
Section-58(a) of the Transfer of Property Act,
1882 has defined mortgage as the transfer of
an interest in a specific immovable property for
securing:
The payment of money given to him or to be
given through loan, or
An existing or future debt, or
The performance of an engagement which may
give rise to a pecuniary liability
The transferee or person in whose favour the
interest is being transferred is known as
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mortgagee. The person who has transferred the
interest in a specific immovable property is
known as mortgagor.
Every mortgage-deed leaves a right to the
mortgagor and a corresponding liability for
mortgagee and vice versa. Following are the
rights given to a mortgagor given by the
Transfer of Property Act, 1882:
Right to redemption
Right to transfer mortgaged property to a third
party instead of retransferring
Right of inspection and production
documents
Right to accession
Right to improvements
Right to a renewed lease
Right to grant a lease
The right to redeem further grants three rights
to the mortgagor:
Right to end mortgage deal
Right to transfer mortgaged property to his
name
To take back possession of property in case of
delivery of possession
According to this right if the mortgaged
property has been improved while it was in
possession of mortgagee, then on redemption
and in the absence of any contract to the
contrary mortgagor is entitled to
improvement. The mortgagor is not liable to
pay mortgagee unless:
Improvements made by the mortgagee were to
protect the property or with the prior permission
of mortgagor.
Improvements were made by the mortgagee
with the permission of the public authority.
This right was introduced by the Amendment
Act of 1929. Prior to this right, the Transfer of
Property Act did not allow a mortgagor to lease
out the mortgaged property on his own but
only with the permission of mortgagee. Now, a
mortgagor has the right to lease out the
mortgaged property while he is in lawful
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possession of that property, subject to the
following conditions:
All conditions in the lease should be according
to the local laws and customs to prevent any
fraudulent transaction.
The contract shall not contain any provision for
the renewal of the lease.
Every such lease shall come into effect within a
period of six months from the date of its
execution.
Where the mortgaged property is a building,
of the term of the lease should not exceed three
years in total.
Q21 Mortgagor A has entered into an
agreement with Mortgagee B to transfer
their immovable property for securing an
existing debt. According to the Transfer of
Property Act, which of the following rights
does Mortgagor A have concerning the
improvements made to the property while
it was in the possession of Mortgagee B?
(A) Mortgagor A is entitled to
improvements made by Mortgagee B,
regardless of the circumstances.
(B) Mortgagor A is liable to reimburse
Mortgagee B for any improvements
made without prior permission.
(C) Mortgagor A can claim improvements
such
made by Mortgagee B only if they
were made with public authority's
permission.
(D) Mortgagor A must compensate
Mortgagee B for all improvements,
regardless of permission.
Q22 Mortgagor X wishes to lease out a
building that is under mortgage.
According to the Transfer of Property Act,
what is the maximum duration for which
Mortgagor X can lease out the building?
(A) Two years, subject to local laws and
customs.
(B)
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Three years, irrespective of the type of the Transfer of Property Act. Which
property. condition must be avoided when drafting
(C) Five years with the prior permission of the lease agreement?
the mortgagee. (A) The lease agreement must not contain
(D) Six months from the execution date of a provision for renewal.
the lease, as per legal provisions. (B) The lease term must not exceed three
years for a building.
Q23 Mortgagee Y has made substantial
(C) The lease agreement must be in
improvements to the mortgaged
accordance with local laws and
property without obtaining permission
customs.
from Mortgagor Z. However, the
(D) The lease agreement should come
improvements were necessary to protect
into effect within six months from
the property from damage. According to
execution.
the Transfer of Property Act, how does
this situation affect Mortgagor Z's Directions (26-30) Read the following passage
liability? and answer the given questions.
(A) Mortgagor Z is not liable to reimburse Section 122 of Transfer of Property Act defines a
Mortgagee Y for any improvements. gift as the transfer of an existing moveable or
(B) Mortgagor Z is responsible for immovable property. Such transfers must be
compensating Mortgagee Y for all made voluntarily and without consideration.
improvements. The transferor is known as the donor and the
(C) Mortgagor Z is only liable if the transferee is called the donee. The gift must be
improvements were made with public accepted by the donee. This Section defines a
authority's permission. gift as a gratuitous transfer of ownership in
(D) Mortgagor Z must reimburse some property that is already existing. The
Mortgagee Y as improvements were definition includes the transfer of both
made to protect the property. immovable and moveable property.
The donor must be a competent person, i.e., he
Q24 Mortgagor P has redeemed the
must have the capacity as well as the right to
mortgaged property and is entitled to
make the gift. If the donor has the capacity to
certain rights. Among these, which right
contract then he is deemed to have the
allows Mortgagor P to take back
capacity to make the gift. This implies that at
possession of the property upon its
the time of making a gift, the donor must be of
delivery?
the age of majority and must have a sound
(A) Right to end the mortgage deal.
mind. Registered societies, firms, and
(B) Right to transfer the property to
institutions are referred to as juristic persons,
another party.
and they are also competent to make gifts. Gift
(C) Right to improvements made by the
by a minor or insane person is void. Besides
mortgagee.
capacity, the donor must also have the right to
(D) Right to inspection and production of
make a gift. The right of the donor is
documents.
determined by his ownership rights in the
Q25 Mortgagor M is in lawful possession of a property at the time of the transfer because
mortgaged building. They intend to lease gift means the transfer of the ownership.
it out under the conditions specified by

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Donee does not need to be competent to
contract. He may be any person in existence at
the date of making the gift. A gift made to an
insane person, or a minor, or even to a child
existing in the mother’s womb is valid subject to
its lawful acceptance by a competent person
on his/her behalf. Juristic persons such as firms,
institutions, or companies are deemed as
competent and gift made to them are valid.
However, the donee must be an ascertainable
person. The gift made to the general public is
void. If ascertainable, the donee may be two or
more persons.
There are the following five essentials of a valid
gift:
1. Transfer of ownership
2. Existing property
3. Transfer without consideration
4. Voluntary transfer with free consent
5. Acceptance of the gift
Section 123 of the Transfer of Property Act deals
with the formalities necessary for the
completion of a gift. The gift is enforceable by
law only when these formalities are observed.
This Section lays down two modes for effecting
a gift depending upon the nature of the
property. For the gift of immovable property,
registration is necessary. In case the property is
movable, it may be transferred by the delivery
of possession.
Q26 A, the donor, willingly transferred a
property as a gift to B when B threatened
to sue A in another property dispute.
What is the legal status of this property
transfer?
(A) Void due to undue influence, as B used
threats to coerce A.
(B) Valid since A made the transfer
willingly.
(C) Voidable at the option of A.
(D) Voidable at the option of B.
Q27
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X gifted cryptocurrencies to Y via a gift
deed on Diwali. Y did not acknowledge
the gift, so X made a will for Z to inherit
the cryptocurrencies upon X's death. X
has now passed away, and Y has
accepted the gift deed, while Z also
claims the cryptocurrencies based on the
will. Who should rightfully receive the
cryptocurrencies?
(A) The gift deed is invalid because Y did
not initially accept it.
(B) The gift deed is valid as Y eventually
accepted it.
(C) Z should receive the cryptocurrencies
as the will is valid.
(D) None of the above.
Q28 Aruna transferred her entire property as
a gift to Anu in exchange for love and
affection. Is this transfer legally valid?
(A) Yes, it is valid since love and affection
cannot be considered as
consideration in this transfer.
(B) No, it is not valid because love and
affection can be considered as a
consideration.
(C) Yes, it is valid as it fulfills all the
essential requirements of a valid gift.
(D) Both A and C.
Q29 A gifted a flat to B, and B began
collecting rent for it. However, A did not
complete the registration process and
tragically passed away. A's legal heirs
claim rights to the property due to the
absence of registration. How should this
situation be resolved?
(A) The legal heirs' claim would succeed
as registration is mandatory for
immovable property.
(B) The gift to B is valid as it meets all the
essential requirements of a valid gift.
(C) A's intention is crucial, and it is implied
that A intended to transfer the
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property to B, making the gift valid.
(D) B's explicit acceptance of the gift
precludes any rights for A's legal heirs.
Q30 Shizuka, the donor, aged 17, transferred
her inherited property to her 19-year-old
friend, Nobita, as a gift. Nobita accepted
the gift on her 18th birthday. Is this
transfer legally valid?
(A)
The transfer is valid since timing is not
essential.
(B) The transfer is valid as it satisfies all
the essential requirements of a valid
gift.
(C) The transfer is valid because the
donor's age is irrelevant, and the
donee turned 18 when the gift was
accepted.
(D) None of the above.

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 CLAT

Answer Key
Q1 (B) Q16 (A)

Q2 (A) Q17 (D)

Q3 (C) Q18 (B)

Q4 (C) Q19 (A)

Q5 (C) Q20 (B)

Q6 (B) Q21 (C)

Q7 (B) Q22 (B)

Q8 (B) Q23 (D)

Q9 (B) Q24 (A)

Q10 (A) Q25 (A)

Q11 (B) Q26 (C)

Q12 (B) Q27 (C)

Q13 (A) Q28 (A)

Q14 (D) Q29 (C)

Q15 (C) Q30 (D)

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 CLAT

Hints & Solutions

Q1. Text Solution: not relevant to the issue of the transferability of
Correct Answer: b) The transfer is invalid the right to re-enter.
because it's a mere chance of receiving the Hence, option (a) is correct.
property. Q3. Text Solution:
Explanation: As per Clause (a) of Section 6 of Correct Answer: c) The transfer is invalid
the Transfer of Property Act, the transfer of a because easements cannot be transferred.
mere chance of a person to get a property is Explanation: Clause (c) of Section 6 states that
prohibited. In this case, Arun's expectation of easements cannot be transferred. The right of
inheriting Chandini's property is a mere chance way is an example of an easement. Therefore,
and not a present interest. Therefore, the X's transfer of the right of way to Z is invalid.
transfer of this expectation to Bhushan is Incorrect Options:
invalid. a) This option is incorrect because the transfer
Incorrect Options: is invalid due to the nature of the easement,
a) This option is incorrect because the transfer not its value or type.
is invalid due to the nature of the expectation, b) This option is incorrect because the
not because of its legitimacy. transferability of the easement is not
c) This option is incorrect because the value of determined by its commonness.
the property is not relevant to its transferability. d) This option is incorrect because Y's consent is
d) This option is incorrect because the consent not relevant to the transferability of the
of Chandini is not the issue; the problem lies in easement.
the transfer of a mere chance. Hence, option (c) is correct.
Hence, option (b) is correct.
Q4. Text Solution:
Q2. Text Solution: Correct Answer: c) The transfer is invalid
Correct Answer: a) The transfer is invalid because a personal right of enjoyment cannot
because the right to re-enter cannot be be transferred.
transferred separately from the land. Explanation: Clause (d) of Section 6 states that
Explanation: Clause (b) of Section 6 states that an interest restricted in its enjoyment to the
the right of re-entry cannot be transferred transferor personally cannot be transferred. In
apart from the land itself. In this case, B is this case, B's personal right of enjoyment of the
attempting to transfer the right to re-enter house cannot be transferred to C. Therefore,
without transferring the land itself. Thus, the the transfer is invalid.
transfer of the right to re-enter to C is invalid. Incorrect Options:
Incorrect Options: a) This option is incorrect because the transfer's
c) This option is incorrect because the validity validity is not determined by the involvement of
of the transfer is not solely determined by the A's house.
fact that it involves a lease of land. b) This option is incorrect because the
b) This option is incorrect because the ability of transferability of personal rights of enjoyment is
B to transfer the right is not the determining not based on their nature but on the fact that
factor; the nature of the right itself is at issue. they are personal.
d) This option is incorrect because A's consent is d) This option is incorrect because A's consent is

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not the issue; the transfer's validity depends on
the nature of the right being transferred.
Hence, option (c) is correct.
Q5. Text Solution:
Correct Answer: c) The transfer is invalid
because rights to maintenance cannot be
transferred.
Explanation: Clause (dd) of Section 6 states
that the right to maintenance cannot be
transferred. This is because such a right is for
the personal benefit of the concerned person.
Therefore, D's transfer of the right to receive
maintenance to F is invalid.
Incorrect Options:
a) This option is incorrect because the transfer's
validity is not determined by the nature of the
right being transferred.
b) This option is incorrect because the consent
of E is not the determining factor in the
transfer's validity.
d) This option is incorrect because
relationship between D and F does not impact
the transferability of the right to maintenance.
Hence, option (c) is correct.
Q6. Text Solution:
Answer: B) No, because she is not 18 years old.
Explanation: According to the provided
information, Sarah is 16 years old. To be eligible
for property transfer, an individual must be
above 18 years of age. Since Sarah is not of the
required age, she is not eligible to perform the
property transfer.
Option A: This is incorrect because being of
sound mind is one of the criteria, but being
above 18 years of age is a more fundamental
requirement.
Option C: This is incorrect because the
ancestral nature of the property does not
override the requirement for the transferor to be
above 18 years of age.
Option D: This is incorrect because being the
real owner is not the only criterion; being of the
appropriate age is also crucial.
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Hence, option B is correct.
Q7. Text Solution:
Answer: B) No, because it involves an
actionable claim.
Explanation: An actionable claim is not
considered as "property" under the Transfer of
Property Act. Therefore, transferring the right to
receive a pending payment (an actionable
claim) is not valid under this act.
Option A: This is incorrect because the type of
property being movable is not the main
concern here.
Option C: This is incorrect because the
presence of witnesses does not determine the
validity of transferring an actionable claim.
Option D: This is incorrect because the absence
of an explicitly mentioned payment amount is
not the primary issue here; the nature of the
property being transferred is the main concern.
Hence, option B is correct.
the Q8. Text Solution:
Answer: B) Written agreement signed by both
parties.
Explanation: As per the information provided,
the value of the movable property (land)
exceeds 100 rupees. In such cases, a written
agreement signed by both parties is necessary
for a valid transfer under the Transfer of
Property Act.
Option A: This is incorrect because for
properties worth more than 100 rupees, a
verbal agreement is not sufficient.
Option C: This is incorrect because witnessing
by neighbors is not the primary requirement for
the transfer of property.
Option D: This is incorrect because the value of
the gift property is what matters, not whether
the transfer is a gift or not.
Hence, option B is correct.
Q9. Text Solution:
Answer: B) No, because the property must be
transferred to a living person first.
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Explanation: Property cannot be transferred
directly to an unborn child. It must first be
transferred to a living individual, who will then
hold the property in trust for the unborn child.
This is known as the rule against perpetuity.
Option A: This is incorrect because family
intention is not the main concern here.
Option C: This is incorrect because a written
consent for the unborn child is not the solution;
the property needs to be transferred to a living
person first.
Option D: This is incorrect because the issue is
not about transferring within the family, but
rather the rule against transferring directly to an
unborn child.
Hence, option B is correct.
Q10. Text Solution:
Answer: A) Yes, because it involves an
immovable property lease exceeding a year.
Explanation: According to the information
provided, the office building is on lease for more
than a year. For transfers of immovable
property leases exceeding a year, a written
agreement is required under the Transfer of
Property Act.
Option B: This is incorrect because the
corporate nature of the transfer does not
determine whether a written agreement is
needed.
Option C: This is incorrect because the value of
the building is not the determining factor in this
context.
Option D: This is incorrect because the
verbal/written agreement distinction is based
on the nature of the transfer, not whether it's a
corporate transfer or not.
Hence, option A is correct.
Q11. Text Solution:
The correct answer is option (b) since in transfer
of property which relates to “exchange” there
should be adequate consideration. In this case,
Sheela transferred a property worth rupees 1
lakh but received jewelry worth only rupees
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50,000 in return. This significant disparity in
consideration suggests that Sheela would
suffer a substantial loss in value, which could
indicate that the transaction is not a fair
exchange. In cases of exchange it requires that
consideration in a transaction should be
reasonable and not result in a substantial
disadvantage to one party.
Option (a) is incorrect as it suggests that the
transfer is valid because both parties mutually
agreed to it. While mutual agreement is an
essential element in many transactions, there
are additional legal principles to consider,
particularly in the context of property transfers.
Option (c) is incorrect as it suggests that the
transfer is valid because the minimal
consideration is not a concern, and the transfer
was executed validly. However, this option does
not accurately reflect legal principles related to
property transfers. In case of exchange, there
should generally be adequate consideration,
meaning that what is given and received
should have reasonably equivalent value.
Option (d) is incorrect as Sheela is transferring a
property worth 1 lakh rupees in exchange for
jewelry worth 50,000 rupees, which represents a
significant disparity in value. Legal principles
often require that consideration in a transaction
should be reasonably fair and not result in a
substantial disadvantage to one party.
Hence, option (b) is correct.
Q12. Text Solution:
Option (b) is the correct answer as the
registration of property transactions is a critical
legal formality. Failure to register a property
sale can lead to the sale being considered
legally invalid. While constructive delivery and
intent are important aspects of a property
transaction, the requirement for registration is a
fundamental legal requirement. Registration
provides legal evidence of the sale and is
essential to establish the transfer of ownership
rights. Option (b) correctly identifies the
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necessity of compliance with legal formalities,
including registration, for a property sale to be
legally valid.
Option (a) is incorrect as it suggests that the
sale is valid because there was constructive
delivery from A's part, and A's intention is crucial.
While constructive delivery and intent are
important aspects of a property transaction,
the lack of registration can still render the sale
legally invalid
Option (C) is incorrect because while it's true
that registration can often be completed after
the sale, this option does not fully address the
legal requirements involved in property
transactions. Registration is a fundamental and
mandatory requirement for property sales.
Delaying the registration may be allowed in
some cases, but the initial steps to complete
the registration process are typically required to
be initiated promptly after the sale.
Option (d) is incorrect as it states that the sale
is legally valid because there was constructive
delivery from A's part, and registration can be
completed later. While this option combines
elements of both (a) and (c), it doesn't fully
address the legal requirements for property
sales. Constructive delivery and intent are
important factors in property transactions, but
registration is a crucial legal formality in many
jurisdictions. Simply having constructive delivery
and the potential for future registration does
not ensure the validity of the sale under
standard legal practices.
Hence, option (b) is correct.
Q13. Text Solution:
Option (a) is the correct answer as it correctly
identifies that the second sale by Mehta is
invalid because he lacked the proper legal
authority to transfer the property. Mehta was
not appointed as Jethalal's Power of Attorney,
and therefore, he did not have the legal
capacity to make such a transaction on behalf
of Jethalal.
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Option (b) is incorrect as it suggests that the
authorization given to Mehta by Jethalal
implies a Power of Attorney, which is a legal
document that grants someone the authority
to act on another person's behalf. While
authorization is important, it doesn't necessarily
imply a Power of Attorney unless explicitly
stated. A Power of Attorney document is a
distinct and formal legal requirement to grant
such authority.
Option (c) is incorrect as it emphasizes Mehta's
good faith intentions to benefit Jethalal's profit
as a basis for the validity of the second sale.
However, the legality of a property sale
generally depends on the proper legal
authority of the person making the sale. Good
intentions alone may not be sufficient to
validate a sale if the person lacked the legal
authority to conduct it.
Option (d) is incorrect as it suggests that
because the second sale aligns with Jethalal's
business practices, it should be considered
valid. However, the legality of a property sale is
primarily determined by legal authority, not
business practices. Even if a sale aligns with
business practices, it still needs to adhere to
legal requirements and proper authorization.
Hence, option (a) is correct.
Q14. Text Solution:
Option (d) is the correct answer as it correctly
identifies that the property transfer through
inheritance is valid because the initial gift
transfer was legally invalid. When Krishna's
friend arrived after Krishna's death to claim the
gifts, it was recognized that the initial gift
transfer did not meet the legal requirements,
making it legally invalid. Therefore, the legal
heirs inherit the property under the provisions of
the Hindu Succession Act.
Option (a) is incorrect as it suggests that the
gift transfer is valid based on Krishna's
intentions, but it overlooks the legal
requirements such as proper stamping and
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registration that are typically necessary for a
gift to be legally valid.
Option (b) is incorrect as it accurately points
out that the gift transfer lacks proper legal
stamping and registration, which are essential
formalities for many property transfers. This
makes the initial gift legally invalid.
Option (c) renders to be incorrect as it mentions
the timing of Krishna's friend's claim but doesn't
address the legal validity of the gift transfer,
which is the primary consideration in
determining property rights in this scenario.
Hence, option (d) is correct.
Q15. Text Solution:
The correct answer is option (c) as X has
authorized his wife to transfer their entire
property to their children as a gift upon his
death. This type of property transfer is typically
classified as a transfer of property through
Power of Attorney.
Option (a) is incorrect as it refers to a transfer of
property through a Gift deed, which involves a
direct gift from one party to another during
their lifetime. In this scenario, X's intention is for
the property to be transferred upon his death,
which aligns more with inheritance.
Option (b) is incorrect as this option suggests
that the property transfer is occurring through
inheritance, which would be applicable if the
property is being passed down to the children
upon X's death without any specific instructions
or authorization. However, in the scenario
described, X is alive and authorizing his wife to
transfer the property, so it's not a transfer
through inheritance.
Option (d) is incorrect as it suggests that the
property transfer falls under all three
classifications, but in this specific scenario, the
most appropriate classification is a transfer of
property through power of attorney, as it aligns
with X's intention for the property to pass to
their children upon his death.
Hence, option (c) is correct.
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Q16. Text Solution:
Explanation: In this scenario, Sarah's status as a
minor makes her legally incompetent to enter
into a contract. Therefore, James can terminate
the lease agreement because one of the
essential requirements of a lease contract is
that the parties must be competent. Since
Sarah is legally unable to enter into contracts,
the lease agreement would be considered void
ab initio (from the beginning).
Option (b) is incorrect because Sarah's minor
status does affect her ability to enter into a
legally binding contract.
Option (c) is incorrect because while it is true
that the lessor must have absolute rights over
the property, the issue here is the competency
of one of the parties entering into the contract.
Option (d) is incorrect because the lack of
competency applies to both parties involved in
the contract, not just the lessee.
Hence, the answer is A.
Q17. Text Solution:
Explanation: The sale of the property by John
does not automatically terminate the lease
agreement between John and Mark. Unless
there is a specific provision in the lease
agreement allowing termination upon the sale
of the property, the lease remains binding on
the new owner. The lease agreement is an
independent contract that continues to be
enforceable despite changes in the lessor's
ownership of the property.
Option (a) is incorrect because the sale of the
property alone does not terminate the lease
agreement unless specified in the contract.
Option (c) is incorrect because the lease
agreement remains valid even if the lessor's
interest in the property changes hands.
Option (b) is incorrect because it provides a
blanket statement that the lease agreement is
binding regardless of changes in the lessor's
ownership of the property. While this statement
is generally true, there can be exceptions or
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 CLAT

specific circumstances where a change in Option (c) is incorrect because while Michael
ownership might affect the lease can reclaim possession of the land upon Peter's
agreement.For example Some lease failure to pay rent, the termination of the lease
agreements may contain clauses or provisions agreement is based on the breach of condition.
that allow for termination of the lease upon Option (d) is incorrect because termination of
sale of the property. the lease agreement due to breach of
Hence, the answer is D. condition does not require explicit consent from

Q18. Text Solution: both parties involved.

Explanation: In this scenario, Sarah cannot Hence, the answer is A.

claim an implied surrender of the lease Q20. Text Solution:

agreement due to Emma's transfer of Explanation: Emma's insolvency alone does not
ownership. Unless the lease agreement automatically terminate the lease agreement.
explicitly states that the transfer of ownership According to Section 111, termination of the
will result in the termination of the lease, the lease agreement due to insolvency requires a
agreement remains valid. An implied surrender court order. Therefore, Alex cannot unilaterally
of the lease agreement requires mutual terminate the lease agreement based on
agreement between the lessor and lessee, Emma's insolvency.
which is not evident in this situation. Option (a) is incorrect because termination of
Option (a) is incorrect because the transfer of the lease agreement due to insolvency requires
ownership does not automatically imply a court order, not just a provision in the lease
surrender of the lease agreement. agreement.
Option (c) is incorrect because entering into a Option (c) is incorrect because Emma's
contract with another party for the lease of the insolvency does not automatically constitute a
property does not necessarily imply surrender of breach of an express condition of the lease
the existing lease agreement. agreement.
Option (d) is incorrect because mutual Option (d) is incorrect because termination of
agreement is necessary for an implied surrender the lease agreement due to insolvency does
of the lease agreement, which is not present in not necessarily require explicit consent from
this scenario. both parties involved.
Hence, the answer is B. Hence, the answer is B.

Q19. Text Solution: Q21. Text Solution:

Explanation: Peter's failure to pay rent for two Answer: C) Mortgagor A can claim
consecutive years constitutes a breach of an improvements made by Mortgagee B only if
express condition of the lease agreement. they were made with public authority's
According to Section 111, a lease can be permission.
terminated when there is a breach of an Explanation: As per the provided passage,
express condition by the lessee. Therefore, Mortgagor A is entitled to claim improvements
Michael can terminate the lease agreement made by Mortgagee B, except in cases where
due to Peter's breach of the lease condition. the improvements were made by Mortgagee B
Option (b) is incorrect because termination of with the permission of a public authority. This
the lease agreement due to breach of condition is highlighted in the passage as a
condition does not necessarily require a court restriction on Mortgagor A's right to claim
order. improvements.

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Option A is incorrect because the entitlement
to improvements is not unconditional, but
rather depends on the circumstances.
Option B is incorrect because Mortgagor A is
not liable to reimburse for all improvements
made without prior permission.
Option D is incorrect because it doesn't
consider the permission from a public authority
as a condition.
Q22. Text Solution:
Answer: B) Three years, irrespective of the type
of property.
Explanation: According to the passage, where
the mortgaged property is a building, the term
of the lease should not exceed three years in
total. This is an important provision
Mortgagor X to consider when leasing out the
property.
Option A is incorrect because the maximum
lease duration for a building is specifically
mentioned as three years.
Option C is incorrect because the passage
doesn't mention a requirement for mortgagee's
permission for the duration of the lease.
Option D is incorrect because the lease
agreement should come into effect within six
months, but this doesn't relate to the maximum
duration of the lease.
Q23. Text Solution:
Answer: D) Mortgagor Z must reimburse
Mortgagee Y as improvements were made to
protect the property.
Explanation: According to the passage, if
improvements were made by the mortgagee to
protect the property or with the prior permission
of the mortgagor, the mortgagor is liable to
such improvements. In this scenario,
situation aligns with an exception under the
Transfer of Property Act where improvements
were made by the mortgagee to protect the
property from damage. According to this
exception, the mortgagor may be liable to
reimburse the mortgagee for
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improvements, even without prior
permission.Hence, Mortgagor Z must reimburse
Mortgagee Y as improvements were made to
protect the property.
Option A is incorrect because it doesn't
acknowledge the importance of the exceptions
aspect.
Option B is incorrect because the passage
clearly states that Mortgagor Z is not liable for
all improvements.
Option C is incorrect because it doesn't aligns
with the question as there is no relation to
public authority in the present case.
Q24. Text Solution:
Answer: A) Right to end the mortgage deal.
for Explanation: The right to end the mortgage
deal grants Mortgagor P the ability to redeem
the mortgaged property and conclude the
mortgage arrangement. This right allows
Mortgagor P to take back full possession of the
property upon redemption.
Option B is incorrect because transferring the
property to another party doesn't inherently
involve taking back possession.
Option C is incorrect because the right to
improvements doesn't directly involve taking
back possession.
Option D is incorrect because the right to
inspection and production of documents
doesn't pertain to taking back possession.
Q25. Text Solution:
Answer: A) The lease agreement must not
contain a provision for renewal.
Explanation: According to the passage, the
lease contract shall not contain any provision
for the renewal of the lease. This restriction
the ensures that the lease agreement doesn't have
provisions that would extend the lease beyond
its initial term.
Option B is incorrect because the lease term for
a building is mentioned as not exceeding three
years, which is a different restriction.
such Option C is incorrect because the lease
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agreement must be in accordance with local
laws and customs, which is a valid requirement.
Option D is incorrect because the lease
agreement coming into effect within six months
is also a valid requirement.
Q26. Text Solution:
The correct option is (c), the transfer may be
considered voidable because A made the
transfer under the influence of B's threats. A has
the option to void the transfer if they choose to
do so.
Option (a) is incorrect as, though it's true that B
used threats to influence A, this situation is
more accurately described as undue influence,
which typically renders a contract or transfer
voidable at the option of the influenced party,
in this case, A. So, option (a) is not incorrect.
Option (b) is incorrect as this option is not
entirely accurate because although A made
the transfer, it was done under the influence of
threats from B. Therefore, it may not be
considered a completely willing transfer.
Option (d) is incorrect as it is not generally
applicable in cases of undue influence.
Voidability is typically granted to the party who
was unduly influenced, which in this case, is A,
not B.
Hence, option (c) is correct.
Q27. Text Solution:
Option (c) is correct as the gift deed may have
been initially unacknowledged, but it became
valid when Y eventually accepted it. However,
since X's will is also valid, Z should rightfully
receive the cryptocurrencies as per the terms of
the will. So, option (c) is the correct choice.
Option (a) is not correct as the gift deed
becomes valid when Y eventually accepts it, so
it's not inherently invalid due to the initial lack of
acknowledgment.
Option (b) is not correct since the gift deed was
accepted post X’s death which is not a valid
acceptance. The acceptance has to be made
before the death of the donor.
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Option (d) is incorrect since option (c) is correct.
Hence, option (c) is correct.
Q28. Text Solution:
Option (a) is the correct answer since in a gift
transaction, consideration typically refers to
something of value exchanged for the gift. In
this case, since Aruna transferred her property
to Anu purely out of love and affection without
expecting any tangible consideration in return,
it fulfills the essential requirements of a valid
gift. So, option (a) is the correct answer.
Option (b) states that the transfer is not valid
because love and affection can be considered
as a consideration. This is not accurate in the
context of gift transactions. In gift transactions,
love and affection are generally not considered
as a legal consideration. Therefore, option (b) is
incorrect.
Option (c) states that the transfer is valid as it
fulfills all the essential requirements of a valid
gift. This statement is generally correct. If the
transfer meets all the essential requirements of
a valid gift, it should be considered valid.
However, it's important to understand that the
essential requirements of a valid gift typically
do not include the need for monetary or
tangible consideration like love and affection.
Therefore, while option (c) is somewhat
accurate, option (a) is a more precise and direct
answer to the question as it addresses the
specific issue of love and affection not being
considered as consideration in gift
transactions.
Option (d) is incorrect because option (C) does
not hold to be correct.
Hence, option (a) is correct.
Q29. Text Solution:
Option (c) is correct because In this scenario,
while registration is typically required for the
transfer of immovable property, the absence of
registration alone does not necessarily
invalidate the gift. A's intention to transfer the
property to B is crucial, and if it can be implied
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from A's actions and the circumstances, the gift
may still be considered valid. B's explicit
acceptance of the gift also strengthens the
case for the validity of the gift. Therefore,
option (c) best represents the legal principle
that A's intention and implied transfer are
important factors in determining the validity of
the gift.
Option (a) is incorrect because while
registration is generally required for the transfer
of immovable property, it may not always
invalidate a gift if other elements of a valid gift
are present. Registration alone does not
necessarily determine the validity of a gift.
Option (b) is incorrect because the question
mentions that A did not get the registration
done for the property. While the absence of
registration does not automatically invalidate a
gift, it can sometimes create legal
complications, especially in the context of
immovable property. In practice, the absence of
registration can raise questions about the
completeness and enforceability of the transfer,
depending on the specific legal requirements in
the jurisdiction in question. Therefore, while
option (b) is a valid legal principle, the specific
situation described in the question suggests
that the absence of registration may be a
factor to consider, and it does not definitively
establish the validity of the gift.
Option (d) is incorrect since B's acceptance of
the gift is indeed a crucial factor in establishing
the validity of the gift. However, it doesn't
necessarily preclude all rights for A's legal heirs,
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especially if there are specific legal or
procedural requirements related to property
transfer and succession.
Hence, Option (c) is correct.
Q30. Text Solution:
The correct answer is option (d) since none of
the above options are correct. “The transfer is
valid because the donee's age is irrelevant, and
the donor turned 18 when the gift was
accepted” This would have been the correct
answer because it takes into account both the
donor's age and the fact that Nobita accepted
the gift after reaching the legal age of majority,
ensuring that the transfer is legally valid.
Option (a) is incorrect because, while timing
may not always be essential for gift validity, in
this particular scenario, the donor's age is a
relevant consideration
Option (b) is incorrect because Shizuka was 17
years old at the time of making the gift. The
donor's age is an important factor to consider
because minors (individuals under the legal age
of majority) may have limited capacity to enter
into contracts, including gift transactions,
without the consent or approval of their legal
guardians.
Option (c) is incorrect as Shizuka was underage
(17 years old) at the time of making the gift, it's
essential to consider the legal age of the donor,
as it has legal implications. Individuals under 18
do not have the legal capacity to make a gift
without parental consent or approval. Donors
age cannot be immaterial in the given context.
Hence option (d) is correct.
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