Transfer of Property Act

 

 

Frequently Asked Questions on Transfer of Property Act

Q. 1 State briefly the History of Transfer of Property Act 1882. What changes were brought by Amending Act of 1929 ? What are the objects of the Act ?

Q. 2 Define and explain following :-

(A) Immoveable property (B) Actionable claim.

Q. 3 What is meant by `Attestation" ? What are the requisites of a valid attestation ? Point out legal effect of attestation.

Q. 4 Define and explain the term "Notice".

Q. 5 What do you mean by "Transfer of Property" ? State what properties are capable of transfer and which can not be transferred under Transfer of Property Act ?

Q. 6 What are the criteria to determine a family arrangement what is the object of a family arrangement. Is it required to be registered ? Discuss.

Q. 7 Who are the persons competent to transfer ?

Q. 8 "A Transfer of property passes to transferee all the interest which the transferor is capable of passing." - Explain.

Q. 9 Describe the rule against inalienability.

Q. 10 Describe the rule against `Repugnant Conditions' and exception to this rule.

Q. 11 Explain the rule against perpetuity. What are the exceptions to rule against perpetuity ? Does the rule apply to a covenant for pre-emption ?

Q. 12 What is the effect of invalid prior disposition or ulterior disposition?

Q. 13 Describe the rule against Accumulation.

Or

How long can the income of any property transferred be directed to be accumulated so as to prevent its being received and enjoyed by the transferee ?

In what cases accumnulations can be validly be dierected ?

Q. 14 Describe `Vested Interest' and "Contingent Interest" with illustration. Distinguish between vested interest and a contingent Interest.

Is a vested interest defeated by the death of transferee before he obtains possession ?

Q. 15 Discuss following :-

(a) "The rule of acceleration of subsequent interest on failure of prior disposition."

(b) "A conditional limitation is a condition subsequent as regards the prior interest and condition precedent as regards the ulterior interest."

(c) "The effect of an interest created on transfer of property and dependent upon a condition on which a condition is attached :-

(i) If a condition precedent is void.

(ii) If a condition subsequent is void.

Q. 16 "He who accepts the benefits under the instrument, must adopt the whole of it" - Explain.

Explain the doctrine of Election.

Q. 17 Discuss the law as to "Apportionment".

Q. 18 Describe :-

(A) Transfer by person authorised under special circumstances.

(b) Transfer where third person is entitled to maintenance.

Q. 19 (A) A, a Hindu widow whose husband has left collateral heirs alleging that the property held by her as such is insufficient for her maintenance, agrees for purposes neither religious nor charitable, to sell a field of such property to B. B satisfies himself by reasonable enquiry that the income of the property is insufficient for A's maintenance and that the sale of the field is necessary and acting in good faith buys the field from A. `C' a collateral heir, files a suit to set aside the sale alleging that there was no necessity for the sale. Decide.

(B) A transaction of sale of immoveable property has entered into by the husband after coming to know that the wife was going to present a suit for maintenance. Decide if it was a bona fide transfer and whether the property could be charged for ensuring payment of maintenance.

Q. 20 What is the Convenant ? What are convenants annexed to land ? Bring out the distinction between affirmative and negative covenant?

Q. 21 Who is an ostensible owner ? Discuss the law relating to transfer by an ostensible owner ?

Q. 22 Explain the doctrine "Feeding the grant by Estoppel".

Q. 23 What is the distinction between Section 43 of the T.P. Act and Section 115 of Indian Evidence Act ? Discuss.

Q. 24 Describe Transfer by one co-owner and joint transfer for consideration and also discuss the transfer for consideration by persons having distinct interests and transfer by co-owners of shares in common property.

Or

Distinguish between joint tenancy and tenancy in common.

Q. 25 Explain the doctrine of Priority.

Q. 26 Describe the rights for rent bona fide paid to the holder under defective title and improvements made bonafide by holders under defective title.

Or

Discuss the doctrine of `Equitable Estoppel'.

Q. 27 Discuss the doctrine of `Lis-Pendens'.

Q. 28 What is a fraudulent transfer ? Is a transfer of immoveable property made with intent to delay or defeat, the creater of the transferor.

Q. 29 What is the purpose and scope of doctrine of part- performance?

Q. 30 Define sale and discuss the rights and liabilities of buyer and seller.

Q. 31 (A) Define `Mortgage'. What are the essentials of Mortgage ? Distinguishable it from "Sale of Immoveable property".

(B) Distinguish `Mortgage" and "Charge".

Q. 32 Discuss about different kinds of Mortgage.

Q. 33 What is the right of Redemption available to a Mortgagor ? Distinguish between equitable right to redeem and the equity of redemption.

Or

What do you understand by integrity of Mortgage ? Explain and illustrate.

Q. 34 Explain the maxim. "Once a Mortgage always a Mortgage" with special reference to dog on equity of redemption. Illustrate your answer.

Q. 35 Discuss rights and Liabilities of Mortgagor and Mortgagee.

Q. 36 (A) Explain the equitable doctrine of Marshalling securities with reference to the case "Aldrich v. Cooper (1803) 8 Ves. 382."

(B) Write a short note on the principle in regard to contribution to mortgage debt.

Q. 37 Enumerate the persons who may sue for redemption of the mortgaged property.

Q. 38 What do you understand by doctrines of subrogation ? Can a guarantory by invoking this doctrine apply for temporary injunction even before payment of debt by the guarantor to the creditor ?

Q. 39 Define lease. Distinguish between lease and licence.

Q. 40 Discuss the law relating to duration of certain leases.

Q. 41 What are the rights and liabilities of a lessor and a lessee ?

Q. 42 Under what circumstances a lease determines ?

Q. 43 Define Exchange and what are the rights and Liabilities of parties to an exchange ?

Q. 44 What is "gift" and a gift of immovable property can be effected ? Discuss in reference to case law on the point.

Q. 45 A makes a gift to X, Y and Z. X and Y accept while Z refuses. What happens to the gift ?

Q. 46 When can a gift be suspended or revoked ?

Q. 47(a) What is an onerous gift ? To what extent are the rules of Mohammedan Law regarding gift effected by the provisions of the Transfer of Property Act ?

(b) A gift of a house is made to X and Y Jointly. What is the effect of Y's death (i) before acceptance, (ii) after acceptance?

Q. 48 Who is a universal donee and what is the extent of his liability?

Q. 49 Discuss briefly the law relating to transfer of Actionable claims.