LL.B. (Five Years) Sem 7 Transfer of Property Act and Easement Act Apr 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in not more than two sentences :— 20 marks
   • (a) Enumerate any two rights which cannot be acquired by prescription ?
   • (b) List any one difference between condition precedent and condition
   • (c) What is meant by the expression ‘attached to the earth’ ?
   • (e) Define Sale
   • (f) What is dominant heritage ?
   • (g) What is the exception to the rule that restriction on alienation is void ? Who is an heir apparent ?
   • (i) What are ‘Res Extra Commercium ? Can they be transferred ? List a difference between lease and sale
2. Q2 Attempt any four from the following 20 marks
   • (a) Doctrine of Election
   • (b) Direction for accumulation
   • (c) Transfer by Ostensible Owner
   • (d) Rights of a Seller
   • (e) Rights of redemption
   • (f) Natural Rights
3. Q3 Attempt any two from the following :— (Give reasons for all your answers) 12 marks
   • (a) B carry on the business of selling computers after retirement from Government jobs. They transfer to C the right to sue for damages relating to their business. They also transfer to D their right to receive pension
   • (i) Is the transfer to C valid ? Why ?
   • (ii) Is the transfer to D valid ? Why ?
   • (b) A transfers property to his minor daughter D for life with a condition that she shall not enjoy the property till she passes her LL.B. exams
   • (i) Is D bound by the conditions ?
   • (ii) If the transfer by A is made to D absolutely, after she attains majority, but with the condition that she can not sell the property to anyone else, is D bound by the condition ?
   • (c) B in respect of a house in B’s possession. During the pendency of the suit, B sells the house to C for Rs. 80 Lakhs. suit is decreed
   • (i) What are the rights of C in respect of this property ?
   • (ii) What is the doctrine in this situation ?
4. Q4 Answer any four from the following :— 48 marks
   • (a) Explain the basic conditions for a valid transfer. Discuss whether the following transactions amount to transfer :—
   • (b) an easement ? Explain the essentials of an easement and different types of easement
   • (c) Explain the characteristics of Sale. Discuss the liabilities of a seller
   • (d) Discuss
   • (i) mortgage by conditional sale
   • (e) Discuss the rights and liabilities of the lessee
   • (f) Explain the doctrine of fraudulent transfer

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