LL.B. (Five Years) Sem 7 Transfer of Property Act and Easement Act Nov 2016 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. (3) Cite relevent Case laws wherever necessary.

Q 1. Answer the following in not more than two sentences 20 Marks

1. (a) Define Actionable Claims.
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2. (b) What is contract for sale ?
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3. (c) Who is a 'Universal Donee' ?
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4. (d) How can easement be acquired by prescription?
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5. (e) What is dominant heritage?
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6. (f) What is 'profit pendre' ?
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7. (g) What is redemprion?
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8. (h) What is 'attested' means ?
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9. (i) What is 'actual notice' ?
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10. (j) What are easements of necessity?
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Q 2. Write Short Notes on any four 20 Marks

1. (a) Quasi Easement
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2. (b) Marshalling of Securities
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3. (c) Fraudulent transfer
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4. (d) Foreclosure
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5. (e) Vested Interest and Contingent Interest
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6. (f) Doctrine of Election
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Q 3. Solve any two problems with explanation 12 Marks

1. (A) A transfers property to his wife, but in case she should die in his life time, transfers to B that which he had transferred to her. (a) What if A and B perish together? (b) Is conditional transfer allowed in law?
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2. (B) A is an owner of a flat at Mumbai, who left behind his wife B and child and went to Dubai and was not heard of for 5 years. The wife mortgaged the flat for 50 Lakhs to C. (a) Is the Mortgage valid? (b) What are the right of C in case A does not return after 7 years?
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3. (C) A mortgages a certain plot of land to B and afterward erects a house on the plot. (a) Is B entitled to the house for the purpose of his security? (b) Give reasons for your answer.
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Q 4. Answer any four of the following 48 Marks

1. (a) What is Doctrine of Part Performance? What conditions must be satisfied before the Doctrine of Part Performance can be applied?
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2. (b) What is easement? State the difference between Easement and License.
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3. (c) What is Rule against Perpetuity? What are the provisions regarding transfer to unborn child under Transfer of Property Act, 1882?
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4. (d) What is Mortgage? What are the different types of mortgages? Explain each in brief.
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5. (e) What is a Lease? Discuss rights & liabilities of Lessor and Lessee.
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6. (f) What are the essential elements of a Gift? When a gift can be revoked?
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Read from the scan above, so a character or two may differ. The scan is the original.