KSLU Solved Question Papers
Property Law
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 6
2021 Oct Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 6 Property Law 2021 Oct 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 2021 Oct examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2021 Oct examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2021 Oct 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 80 · 20 questions answered
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
(a)Define transfer of property. What are the essentials of a valid transfer ?[10]
Answer
For full marks, cover: the definition in section 5; each essential of a valid transfer (living persons, transferable property under section 6, a competent transferor under section 7, a competent transferee, a lawful object and consideration, lawful conditions, the formalities of writing, attestation and registration, the rules on future and unborn interests); what passes under section 8; V.N. Sarin, Jumma Masjid and Suraj Lamp.
Transfer of property defined
Section 5 of the Transfer of Property Act 1882 defines "transfer of property" as "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". Since 1929, "living person" includes "a company or association or body of individuals, whether incorporated or not".
A transfer must convey something. V.N. Sarin v. Major Ajit Kumar Poplai, AIR 1966 SC 432, decided on 9 August 1965, held that a partition is not a transfer. A Delhi family's bungalow was let to Sarin, and on a partition in 1962 the let portion fell to Major Poplai. The tenant said Poplai had acquired it "by transfer". The Supreme Court held that partition only turns joint title into separate titles. Nothing new is conveyed, so there is no transfer.
The essentials of a valid transfer
1. Between living persons. The transfer must be inter vivos. A will is not a transfer under the Act. A direct transfer to an unborn person is impossible, though section 13 allows one for his benefit through a prior interest.
2. Transferable property. Under section 6, "property of any kind may be transferred", except as the Act or another law provides. A transfer of a spes successionis, or of an easement apart from the dominant land, is void. So is a transfer of future maintenance, a mere right to sue, a public office or a pension.
The Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847, decided on 11 January 1962, shows the limit of clause (a). Reversioners sold land in 1920, representing that they were already entitled, when they had only a chance of succeeding. On later becoming entitled, they were held bound by section 43. The buyer took the land.
3. A competent transferor. Under section 7, a person may transfer if he is "competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own". A minor or a person of unsound mind cannot transfer, because a minor's contract is void. An agent or guardian may transfer property not his own if the law authorises him.
4. A competent transferee. Any person capable of holding property may take, including a minor by gift. But under section 6(h) no transfer can be made "to a person legally disqualified to be transferee".
5. A lawful object and consideration. Under section 6(h), no transfer can be made "for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act". A transfer to pay for a crime is void.
6. Lawful conditions. A condition absolutely restraining alienation is void under section 10. A condition that is impossible, unlawful, fraudulent, injurious or immoral makes the dependent interest fail under section 25.
7. The formalities. Under section 9, a transfer may be oral unless a law expressly requires writing. The Act requires writing for a sale of immovable property worth Rs 100 or more under section 54. It requires it for a mortgage of Rs 100 or more under section 59, and a lease of more than a year under section 107. It does so too for a gift of immovable property under section 123 and an actionable claim under section 130. Where the Act says so, the instrument must be attested by two witnesses, as section 3 defines that word. It must also be registered under the Registration Act 1908.
Suraj Lamp and Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656, decided on 11 October 2011, insisted on this. Property around Delhi was being "sold" by an agreement of sale, a general power of attorney and a will, without a registered deed. The Supreme Court held that immovable property can be transferred "only by a registered deed of conveyance". The other documents passed no title.
8. Rules on future interests. An interest for an unborn person must satisfy section 13. Every interest must vest within the period allowed by section 14, the rule against perpetuity.
What a valid transfer passes: section 8
Unless a different intention is expressed or necessarily implied, "a transfer of property 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". For land, the incidents include the easements annexed, the rents and profits accruing after the transfer, and all things attached to the earth. For a house, they include the locks, keys, doors and windows provided for permanent use.
Conclusion. A transfer under section 5 is an act by which a living person, including a company, conveys property to another living person. So a partition is not a transfer, as V.N. Sarin holds. It is valid when the property is transferable under section 6 and the transferor is competent under section 7. The transferee must not be disqualified, and the object, consideration and conditions must be lawful. The writing, attestation and registration the law requires must be observed, as Suraj Lamp holds. Such a transfer then passes all the transferor's interest and its incidents under section 8.
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