LEAC Classroom Material

TRANSFER OF PROPERTY ACT, 1882

1. Can a mortgagor who holds the mortgagee's rights as a trustee or legal representative file a suit for
foreclosure?
(a) Yes, they can. (b) No, they cannot
(c) Only with the mortgagee's consent. (d) Only if the property is not sold.

2. Choose the correct statement from the following :

(a) If a manner is contemplated by the transferor then the condition may or may not follow in that manner
(b) No one can approbate and reprobate at the same time
(c) Transfer conditional on performance of act time being specified is given under section 33
(d) None of the Above

3. Which of the following cases deals with the doctrine of election :

(a) Amir hasan khan vs Mohamad Najir Hussain (b) Narasimha Swamy vs Venkatalingam
(c) Hardei vs SP Ramlal (d) Mohamad Afzal vs Gulam Quasim

4. The provision regarding ‘apportionment by time’ is given under which of the following section of Transfer of
property act?
(a) Section 35 (b) Section 36 (c) Section 37 (d) Section 38

5. Under what circumstances can a third person have a right to restrain the enjoyment of another person's
property, independently of any interest in that property or any easement?
(a) Only when they have an easement on the property
(b) When they have an ownership interest in the property
(c) When it benefits their immovable property
(d) When they have no connection to the property

6. Which section deals with the term Feeding the grant by Estoppel
(a) Section 42 (b) Section 43 (c) Section 44 (d) Section 45

7. In the context of Section 55 of the Transfer of Property Act, 1882, the seller is:
(a) Bound to produce to the buyer on his request for examination all documents of title relating to the
property which are in the seller’s possession or power
(b) not bound to disclose anything
(c) only (b) is correct
(d) none of the above.

8. Section 53A Part performance was inserted by which Act?

(a) By Act 19 of 1928 (b) By Act 20 of 1929 (c) By Act 20 of 2000 (d) By Act 21 of 1989

9. Z in lieu of debt from X handovers the possession of his house to X with a covenant to transfer of property in
favour of X, but with provisions for retransfer in case of repayment of debt. This type of mortgage is known
as:
(a) Mortgage by conditional sale (b) Equitable mortgage
(c) Usufructuary mortgage (d) English mortgage

10. A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, and B remains in
possession. A gives B as lessee a second notice to quit. Then :
(a) Only the first notice will be effective (b) The second notice is ineffective
(c) Both the notices will be effective (d) The first notice is waived

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11. The doctrine of Consolidation is encompassed in which one of the following sections of the Transfer of
Property Act?
(a) Section 60 (b) Section 61 (c) Section 62 (d) Section 63

12. Among the following, which is not considered a transfer according to the Transfer of Property Act?
(a) Sale (b) Mortgage
(c) Exchange (d) Abandonment of a claim to the property

13. Under Section 5 of Transfer of Property Act “Living person” does not include company also:
(a) True (b) False
(c) Company is not living person (d) The Company cannot transfer its assets

14. Joint Transfer for Consideration is defined under which section of Transfer of property act :
(a) Section 46 (b) section 47 (c) section 62 (d) section 45

15. The term ‘heir apparent’ used under section 6 (a) of TPA, 1882, is an English term and is based on the maxim:
(a) nemo est heres viventis (b) alienation rei prefertur juri accrescendi
(c) ut lite pendent nihil innovator (d) lucet ipsa per se aequitas

16. The case law that established the principle that a person who is in possession of property due to part
performance cannot use it as a ground for action but can use it as a defense is :
(a) Musahar Sahu Vs Hakeem lal
(b) Dantamara Tea ltd Vs Prabodh Kumar
(c) Mohomed Musa vs Aghore Kumar ganguli
(d) None of the above

17. As per section 108 of the Transfer of Property Act, 1882, lessor is bound to the lessee :
(a) The lesser is bound on the lessee's request to put him in possession of property
(b) Lessor is bound to disclose to lessee any material defect
(c) Both (a) and (b)
(d) Neither (a) not (b)

18. Which section of the Transfer of Property Act, 1882, addresses the concept of 'subrogation'?
(a) Section 91 (b) Section 92 (c) Section 93 (d) Section 94

19. In which of the following mortgage,Where the mortgagor ostensibly sells the mortgaged property on
condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute:
(a) English mortgage (b) Anomalous mortgage
(c) Mortgage by conditional sale (d) Simple mortgage

20. A gift comprising both existing and future property is :

(a) Void for both existing and future property as well
(b) Valid for existing property and void as to future property
(c) Valid for both existing and future property as well
(d) Voidable for existing property and void for future property

21. Under the regulations outlined in Section 104 of the Transfer of Property Act, 1882, who among the following
is authorized to establish rules?
(a) Central Government (b) State Government
(c) Supreme Court (d) High Court

22. Choose the correct option:

Assertion (A): Property is a comprehensive term and includes copy right,
Reason (R): Transfer of Property Act deals with transfer of all kinds of property including patents
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true
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23. Which statement best describes the priority of rights created by transfer in the context of the same
immovable property, and there is no special contract :-
(a) The earliest created right takes precedence over all later created rights.
(b) The later created rights have priority over the earlier created rights.
(c) The rights created by transfer do not affect each other.
(d) Priority depends on the specific terms of each transfer and any special contracts or reservations.

24. The provision of improvements made by bona fide holders under defective titles is dealt in:
(a) section 50 of the Transfer of Property Act, 1882
(b) section 51 of the Transfer of Property Act, 1882
(c) section 53 of the Transfer of Property Act, 1882
(d) none of the above.

25. The principle of lis pendens embodied in section 52 of the Transfer of property act pertains to :
(a) Bonafide purchase (b) Public policy (c) Auction sale (d) None of the above

26. Within the meanings of Section 51 of the transfer of property act, the transferee :
(a) Is not entitled to value of improvements
(b) Is entitled to value of improvements
(c) Has conditional entitlement to value of improvements
(d) None of these.

27. Section 41 of the transfer of property act is statutory application of the law of :
(a) Waiver (b) Estoppel (c) Res judicata (d) Res subjudice

28. Which of the following sections of the transfer of property act, 1882 deals with “direction for accumulation”?
(a) Section 14 (b) Section 17 (c) Section 19 (d) Section 18

29. Rule against perpetuity is a :

(a) Rule against transfer of property
(b) Rule favoring transfer of property
(c) Rule fixing the maximum period of time for which vesting of property can be postponed
(d) Includes all

30. Which one of the following sections of the transfer of property act is concerned with the transfer of benefit to
unborn children?
(a) Section 13 (b) Section 14 (c) Section 15 (d) Section 16

31. Which Section deals with the improvements to mortgaged property :

(a) Section 61 (b) Section 62 (c) Section 63 (d) Section 63A

32. Absolute restriction under Transfer of property act is void under which section :
(a) Section 10 (b) Section 11 (c) Section 12 (d) Section 13

33. X rents a piece of land from Y and pays the rent in good faith. Subsequently, it is revealed that Y sold the
property to Z . What is the liability of X for the rent paid?
(a) X is liable for the rent to Z. (b) X is not liable for the rent as he paid in good faith.
(c) X is liable for the rent to Y. (d) Y is liable to repay the rent to X.

34. The following are some postulates as sine qua non for basing a claim on section 53A of the Transfer of
Property Act, 1882:
(1) The contract should have been in writing signed by transferor.
(2) Transferee should have got possession of the immovable property covered by contract.
(3) Transferee should have done some act in furtherance of contract.
(a) Only (1) and (2) are relevant (b) only (2) and (3) are relevant
(c) Only (1) and (3) are relevant (d) all (1), (2) and (3) are relevant.

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35. Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part- promised. This
definition refers to:
(a) Section 54 (b) section 55 (c) section 56 (d) none of the above.

36. In case of usufructuary mortgage the mortgagee is placed in possession and has a right to enjoy the rents and
profits:
(a) Until the debt is paid (b) till the contract is rescinded
(c) Only (b) is correct (d) none of the above.

37. Section 100 of the Transfer of Property Act, 1882 deals with __________.
(a) Provisions related to charge on property
(b) Provisions related to anomalous mortgage
(c) Provisions related to mortgage by depositing of title deeds
(d) None of these

38. Which of the following provisions of the TPA, 1882 deals with fraudulent transfer :
(a) Section 53 (b) section 35 (c) section 21 (d) section 19

39. An unborn person acquires vested interest in the transferred property :

(a) on attaining the age of 18 years
(b) on attaining the age of 21 years
(c) in case of male on attaining majority and in case of female after marriage
(d) upon his birth

40. In which of following types of mortgages, the mortgagor binds himself personally to pay the mortgage
money:
(a) Simple mortgage (b) English mortgage
(c) Mortgage by conditional sale (d) Usufructuary mortgage

41. A lease of immovable property for a term of 9 months may be made by :

(a) registered instrument
(b) oral agreement accompanied by delivery of possession
(c) either (A) or (B)
(d) only (B) not (A)

42. The expression spes successionis means :

(a) No chance of succession (b) Mere chance or hope for succession
(c) Absolute succession (d) None of the above

43. Section 11 of the TPA, 1882, applies only when the interest transferred in the property is :
(a) Limited (b) Absolute (c) either (A) or (B) (d) conditional

44. Section 44 of the TPA, 1882 deals with :

(a) transfer by one co-owner (b) transfer by two co-owners
(c) transfer by all co-owners (d) none of the above

45. Section 58 of the TPA, 1882, deals with how many types of mortgages :
(a) 6 (b) 5 (c) 7 (d) 8

46. What is the right of ‘pre-emption’?

(a) A right to seek eviction of tenant and get vacant possession
(b) A right to purchase property in preference to other person
(c) A right to presume adversely
(d) None of the above

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47. Which one of the following is not correctly matched?
(a) Oral transfer - Section 9 of the Transfer of Property Act
(b) Rule against perpetuity - Section 14 of the Transfer of Property Act
(c) Doctrine of election - Section 35 of the Transfer of Property Act
(d) Transfer by Ostensible Owner - Section 40 of the Transfer of Property Act

48. The doctrine of lis pendens applicable when?

(a) The suit or proceeding in which the right to immovable property is indirectly in question.
(b) A suit or proceeding in which the right to immovable property is pending between two persons and one
of them sells the property.
(c) The suit or proceeding is pending in a court which does not have jurisdiction.
(d) Litigation is not bonafide but collusive.

49. Musahar Sahu vs Hakim lal case is related with which of the following doctrine :
(a) Doctrine of Election (b) Doctrine of Lis Pendens
(c) Doctrine of Fraudulent Transfer (d) Doctrine of Priority

50. Which one of the following is correct in respect of a gift under Transfer of Property Act?
(a) There cannot be a gift of moveable property.
(b) Only immovable property can be given in gift.
(c) The gift must be accepted by anyone
(d) If the donee dies before acceptance, the gift is void.

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