KSLU Solved Question Papers
Property Law
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 6
2012 Jan Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 6 Property Law 2012 Jan Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2012 Jan examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2012 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 2012 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 1
(a)Define transfer of property and discuss what passes to transferee on transfer of property.[15]
Answer
For full marks, cover: the definition in section 5 of the Transfer of Property Act 1882 read word by word ("act", "living person", "conveys", "in present or in future", "to himself and one or more other living persons"); what is outside it (a will; partition, V.N. Sarin v. Major Ajit Kumar Poplai; a mere agreement, Suraj Lamp and Industries (P) Ltd. v. State of Haryana); who may transfer (section 7); what passes under section 8: the general rule ("all the interest which the transferor is then capable of passing", "forthwith", "and in the legal incidents thereof") and the incidents for land, machinery, a house, a debt and income-yielding property (Duncans Industries Ltd. v. State of U.P. on machinery); a later-acquired interest under section 43 (The Jumma Masjid, Mercara v. Kodimaniandra Deviah); income shared by days (section 36); a table; an example.
The definition
Section 5 provides that "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 one or more other living persons; and 'to transfer property' is to perform such act". Each part of the definition does work.
- "An act." A transfer is something done, such as executing and registering a sale deed or handing over a movable. A wish or a promise is not enough.
- "A living person." Both sides must be alive at the time. The second paragraph adds that a living person "includes a company or association or body of individuals, whether incorporated or not".
- "Conveys property." Ownership or an interest in property must actually pass. The interest may be the whole ownership (a sale or gift) or a part of it (a lease or mortgage).
- "In present or in future." The interest may pass at once. It may also pass at a later time fixed by the transfer. An example is a gift of a house to take effect after the donor's life interest.
- "To himself and one or more other living persons." An owner may convey to himself jointly with others, such as his wife.
What is outside the definition
- A will. It operates only on death, so it is not a transfer between living persons. The Indian Succession Act 1925 governs it.
- Partition. V.N. Sarin v. Major Ajit Kumar Poplai, AIR 1966 SC 432, decided on 9 August 1965, concerned a Delhi bungalow of a Hindu undivided family that fell to one member on a partition of 17 May 1962. The tenant argued that the member had acquired it "by transfer". The Supreme Court held that a partition is not a transfer. "Joint title is by partition transformed into separate titles of the individual co-parceners."
- A mere agreement. Suraj Lamp and Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656, decided on 11 October 2011, held that an agreement of sale, a power of attorney and a will, even together, pass no title. Immovable property passes "only by a registered deed of conveyance".
Who may transfer: section 7
"Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property". A transferor can pass only what he has, and only in the manner the law allows.
What passes: the general rule in section 8
Section 8 answers the second part of the question. Unless "a different intention is expressed or necessarily implied", a transfer "passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof". Three points follow.
- All the interest. If the transferor is full owner and transfers without reservation, the whole ownership passes. He need not list every right.
- Forthwith. It passes at once on the transfer, not later.
- The legal incidents. The rights that go with the property pass with it.
The incidents, property by property
Section 8 then lists the incidents for common kinds of property.
- Land: "the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth".
- Machinery attached to the earth: "the moveable parts thereof".
- A house: "the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows and all other things provided for permanent use therewith".
- A debt or other actionable claim: "the securities therefor", unless they also secure other debts, "but not arrears of interest accrued before the transfer".
- Money or other income-yielding property: "the interest or income thereof accruing after the transfer takes effect".
Whether machinery is "attached to the earth" can decide what passes with land. Duncans Industries Ltd. v. State of U.P., (2000) 1 SCC 633, decided on 3 December 1999, concerned a fertiliser business at Kanpur sold with its land and plant. The buyer said the machinery was movable and was delivered separately. The Supreme Court held that the plant had been embedded permanently and was immovable. So it passed with the land and was part of the conveyance.
A different intention
The rule in section 8 is only a default. The parties may say otherwise, expressly or by necessary implication. A seller of a farm may keep the standing crop. He may also reserve a right of way over the land he sells, to reach the land he keeps. A buyer of a debt may agree to take the arrears of interest too. The deed then governs, and only what it does not deal with passes under section 8.
A later-acquired interest: section 43
A transferor can pass only what he has. But if he "fraudulently or erroneously" represents that he can transfer property, and later acquires it, section 43 lets the transfer operate on that interest "at the option of the transferee". The Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847, decided on 11 January 1962, applied this. Three men sold land in 1920 claiming to be its reversioners, when they had only a hope of succeeding. Once they acquired the interest, the buyer could claim it under section 43.
Income shared by days: section 36
Rents and other periodical payments are, between transferor and transferee, "deemed ... to accrue due from day to day, and to be apportionable accordingly". So rent for a month in which the property was sold is shared by days between them.
| Property | What passes with it under section 8 |
|---|---|
| Land | Easements, later rents and profits, things attached to the earth |
| Machinery attached to the earth | Its movable parts |
| House | Easements, later rent, locks, keys, doors, windows and fixtures |
| Debt or actionable claim | Its securities, but not interest already in arrears |
| Money or income-yielding property | Interest or income after the transfer |
An example
Kiran sells his house with its garden to Neha by a registered deed, saying nothing more. Neha takes the house, the garden, the right of way over the neighbour's lane that the house enjoys, and the doors, windows and fitted cupboards. Rent from a tenant falling due after the sale is hers, and rent for the current month is shared by days. Furniture that simply stands in the rooms does not pass, since it is not attached.
Conclusion. A transfer of property is an act by which a living person, including a company, conveys property now or in future. The transferee may be another living person, or the transferor himself with others. A will, a partition and a mere agreement are not transfers, as V.N. Sarin and Suraj Lamp show. Under section 8, a transfer passes at once all the interest the transferor can pass, with its legal incidents, unless a different intention appears. These include easements, later rents, fixtures and attached machinery, as Duncans Industries shows. A later-acquired interest may pass at the transferee's option under section 43.
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