LL.B. (Five Years) Sem 7 Transfer of Property Act and Easement Act 2022-23 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory 2. Figures to the right indicate full marks

Q1. Answer the following in two sentences, any six 12 Marks

1. (a) Define the term 'Sale' as given in Transfer of Property Act.
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2. (b) Explain the concept of Usufructuary Mortgage.
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3. (c) Who is a Universal Donee?
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4. (d) What is meant by subrogation?
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5. (e) Explain the term 'Easement' as defined in the Indian Easement Act.
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6. (f) State any four grounds on which easement can be revoked.
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7. (g) What does 'Attestation of an Instrument' mean?
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8. (h) Is 'Partition of Property' a transfer of property? Why?
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9. (i) Explain the term 'vested interest'.
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10. (j) Who is an heir apparent?
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Q2. Write Short notes, any two 12 Marks

1. (a) Foreclosure
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2. (b) Rule against Perpetuity
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3. (c) Doctrine of Election
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4. (d) Quasi Easement
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Q3. Situational Problems, any two 12 Marks

1. (a) A transfers a property to B on a condition that B employs C in his organisation with consent of D, E and F. B employs C with the consent of D and E and accordingly the property is transferred. F seeks your opinion on the following-
   • i. Can F challenge the transfer as his consent was not obtained?
   • ii. What type of condition is imposed? Explain the rule related to the same.
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2. (b) A takes a loan of Rs. 10 lakhs from B and gives a security of his property under a document where it is mentioned that if the money is not paid back in 2 years, the ownership in the property will be absolutely transferred to B.
   • i. What type of security is created by A in favour of B?
   • ii. If A makes the payment, what are B's rights and obligations?
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3. (c) A gifts all his movable and immovable property to B.
   • i. Does B take the property subject to all the liabilities that A has incurred over the property?
   • ii. Is B personally liable to pay A's debts as he has taken all the property belonging to A by way of a gift?
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4. (d) A owns an interest in a land for his life and after which it will go to B. A want to grant easementary right in favour of C.
   • i. In what situation is easement valid in favour of C?
   • ii. What would be your answer if A owned lease interest in the property?
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Q4. Answer in Detail, any two 24 Marks

1. (a) Explain the doctrine of Lis Pendens.
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2. (b) How is Exchange of Property different from Sale? Discuss the rights and liabilities of parties to an exchange.
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3. (c) Explain different modes of determination of the lease.
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4. (d) Explain the provisions relating to disturbance of an easement.
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