KSLU Solved Question Papers
Property Law
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 6
2011 Jan Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 6 Property Law 2011 Jan Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2011 Jan examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2011 Jan examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2011 Jan examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all Questions. (2) One essay type and one short note question or problem from each unit have to be attempted, which is referred as part (a) and (b) in all the units. (3) Figures to the right indicate marks. (4) Answers should be written either in English or Kannada completely.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)"The General rule is that property of any kind may be transferred". Explain the statements with exceptions.[15]
Answer
For full marks, cover: the general rule in section 6 and why the law favours free transfer; who must prove a restriction; the exceptions grouped by the reason behind them: things that are not yet property ((a) spes successionis, with The Jumma Masjid, Mercara v. Kodimaniandra Deviah and section 43; (e) a mere right to sue, contrasted with an actionable claim); rights tied to a person ((d), (dd), (f), (g), (i)); rights tied to other land or another person ((b) re-entry, (c) easements, contrasted with a profit a prendre in Ananda Behera v. State of Orissa); transfers barred by policy ((h), its three limbs); restrictions in other laws (Harishchandra Hegde v. State of Karnataka); a table; an assessment.
The general rule
Section 6 of the Transfer of Property Act 1882 opens with a wide rule. "Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force." Freedom to transfer is part of ownership itself. It also serves the public good, because property that can change hands freely is put to its best use. So the law starts from transferability and treats every restriction as an exception.
Two things follow. First, a person who says that some property cannot be transferred must point to the provision that forbids it. Second, the exceptions are read narrowly, so as not to cut down the rule more than their words require.
The words "of any kind" cover movable and immovable property, and tangible and intangible property. The exceptions in clauses (a) to (i) fall into four groups by the reason behind them.
Group 1: things that are not yet property
(a) Spes successionis. "The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred." Spes successionis means the hope of succeeding. A son's hope of inheriting from his living father is not a right at all. The father may sell the property, make a will or outlive him. There is nothing yet to transfer.
The Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847, decided on 11 January 1962, shows how section 6(a) works with section 43. On 18 November 1920, three men sold certain properties for Rs 2,000, the deed representing that they had already become entitled as reversioners. In truth they then had only a chance of succeeding. When they later became entitled, the buyer's successor claimed the properties. The Supreme Court held the transferee entitled under section 43, which feeds a grant made on a false representation of title. It explained that section 6(a) is a rule of substantive law and section 43 a rule of estoppel, operating in different fields. So the hope itself cannot be transferred, but a person who sold it as a present right may be held to his word.
(e) A mere right to sue. "A mere right to sue ... cannot be transferred." Take a right to sue for damages for a wrong, such as a claim for breach of contract or for a tort. It is a bare right of litigation. The law does not allow such claims to be bought and sold, which would encourage speculative lawsuits. This must be distinguished from an actionable claim, such as a debt, which can be transferred by a signed writing under section 130. A debt is property. A bare right to damages is not.
Group 2: rights tied to a person
(d) Personal interests. "An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him." A right of residence given to a widow for her own use is an example. It exists for her, and a stranger cannot step into her place.
(dd) Future maintenance. "A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred." Maintenance exists to support the person entitled. If it could be sold, the person would be left without support. Arrears of maintenance already due are a different matter, since they are a debt.
(f) Public office and salary. "A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable." An office is held for the public, by a person chosen for it. Its salary is meant to keep the officer able to do his duty.
(g) Pensions. Stipends of military, naval, air-force and civil pensioners of the Government, and political pensions, cannot be transferred. The reason is the same: the pension is meant to support the pensioner.
(i) Certain tenancies. Three holders cannot assign their interests:
- a tenant with "an untransferable right of occupancy";
- a farmer of an estate who has defaulted in paying revenue; and
- a lessee of an estate managed by a Court of Wards.
Their rights are personal by the law that creates them.
Group 3: rights tied to other land or another person
(b) A mere right of re-entry for breach of a condition subsequent "cannot be transferred to any one except the owner of the property affected thereby". Such a right exists only to protect the owner's land. In a stranger's hands it would serve no purpose but to harass.
(c) Easements. "An easement cannot be transferred apart from the dominant heritage." An easement, such as a right of way, exists for the benefit of particular land, called the dominant heritage. It goes with that land when the land is sold, but cannot be sold by itself.
A profit a prendre is different. It is a right to take something from another's land, such as fish or timber. It can exist on its own, apart from any dominant land. Ananda Behera v. State of Orissa, AIR 1956 SC 17, decided on 27 October 1955, treated a right to catch and carry away fish from parts of the Chilka Lake as such a profit. It was "a benefit to arise out of land" and so immovable property. Its sale for more than Rs 100 therefore needed a registered instrument, and the oral licences passed nothing.
Group 4: transfers barred by policy
(h) No transfer can be made in three cases.
- "in so far as it is opposed to the nature of the interest affected thereby". Some interests cannot be transferred because of what they are. For example, an interest that ends with the holder's life cannot be transferred for longer than that life.
- "for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act". A transfer whose object or price is forbidden by law, is fraudulent, or is against public policy, is void. A sale of land as the price of a bribe is an example.
- "to a person legally disqualified to be transferee". Where a law forbids a class of persons to acquire certain property, a transfer to them fails.
Restrictions in other laws
The opening words of section 6 also yield to "any other law for the time being in force". Land reform laws, ceiling laws and laws protecting land granted to weaker sections all restrict transfers.
Harishchandra Hegde v. State of Karnataka, (2004) 9 SCC 780, decided on 18 December 2003, shows how strong such a law can be. In 1961 the State granted two acres to Gangamma, and in 1962 the appellant bought them from her by a registered deed. Then came the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act 1978. It declared void every transfer of granted land made in breach of the grant. The land was ordered to be restored to the grantee in 1987. The Supreme Court held that the special Act prevailed over the Transfer of Property Act. The appellant could not even claim the value of his improvements under section 51. A transfer forbidden by such a law gives the transferee nothing.
The exceptions at a glance
| Clause | Cannot be transferred | Reason |
|---|---|---|
| (a) | Chance of inheriting or of a legacy | Not yet property |
| (b) | Mere right of re-entry, except to the owner | Exists only to protect the owner's land |
| (c) | Easement apart from the dominant land | Tied to that land |
| Clause | Cannot be transferred | Reason |
|---|---|---|
| (d) | Interest personal to its owner | Personal by its terms |
| (dd) | Right to future maintenance | Meant for support |
| (e) | Mere right to sue | Discourages trading in lawsuits |
| (f), (g) | Public office, salary, pensions | Public duty and support |
| (h) | Against the interest's nature, unlawful object, disqualified transferee | Public policy |
| (i) | Certain occupancy tenancies and estates | Personal by statute |
Assessment
The statement in the question is correct as a general rule. Section 6 makes transferability the normal incident of property. But the rule is qualified by the clauses that follow and by other laws. Most exceptions protect a person who depends on the right, such as a pensioner or a widow. Others protect land or the public. A mere hope is excluded because it is not property at all. Even so, section 43 may bind a person who sold one as a present right.
Conclusion. Section 6 lays down that property of any kind may be transferred, and anyone claiming a restriction must show the law that imposes it. The exceptions cover mere hopes and bare rights to sue, and rights personal to their holder. They also cover easements and rights of re-entry tied to other land, and transfers against public policy. A spes successionis cannot be sold, but section 43 may bind its seller, as Jumma Masjid holds. A profit a prendre is transferable property, as Ananda Behera shows. Other laws may forbid a transfer outright, as Harishchandra Hegde shows for granted land in Karnataka.
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