B.A. LL.B. (Five Years) Sem 7 Transfer of Property Act and Easement Act Apr 2024 75/25 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

Q.1 Answer the following in one or two sentences (any six) 12 Marks

1. a) What is immovable property under the Transfer of Property Act, 1882?
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2. b) Name any three properties which cannot be transferred under the Transfer of Property Act, 1882.
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3. c) Who is an Ostensible Owner?
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4. d) What is Attestation?
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5. e) State exceptions to the Rule against Accumulation.
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6. f) Define Sale.
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7. g) What is an Easement? Explain Servient Heritage.
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8. h) What is Adjudication under Maharashtra Stamp Act, 1958?
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Q.2 Write Short Notes on the following (any Two) 12 Marks

1. a) Actionable claim
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2. b) Different types of Gifts
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3. c) Seller's Lien
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4. d) Kinds of Stamps and mode of using Stamps
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Q.3 Answer the following situation problems (any two) 12 Marks

1. a) Ajit and Saini secretly agree that Saini would file a suit against Ajit in respect of a house which is in Ajit's possession, and that Ajit would not seriously contest the suit. And during the pendency of the suit, Saini would sell the house to Dharma and the money received from Dharma would be divided between them. Accordingly, Saini files the suit as agreed and during the pendency of the suit he sells the house to Dharma.
   • (i) Will the sale to Dharma be set aside by the court?
   • (ii) Which principle is applicable in the above situation?
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2. b) Shekhar transfers his house to Gita in consideration of Gita giving her house and Rs 25 lakhs to Shekhar.
   • (i) Would this transaction amount to 'Exchange'?
   • (ii) What are the essential requisites for a valid Exchange?
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3. c) Parimal lets out a house to Benny for 3 years on a monthly rent of Rs 15,000/-. After completion of 3 years, there is no renewal of agreement nor fresh agreement. Benny continues to occupy the house by paying Rs 15,000/- per month and Parimal accepts the same.
   • (i) Is Benny a trespasser?
   • (ii) What is a tenancy in such circumstances called as?
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4. d) Mani Takes a loan of rupees 50 lakhs from Sanjay under a mortgage by conditional sale. Money fails to pay the amount to Sanjay.
   • (i) Can Sanjay file a suit to sell the mortgaged property of Mani?
   • (ii) Is right for foreclosure available to Sanjay?
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Q.4 Answer the following in detail (any three) 39 Marks

1. a) Explain properties which are not transferable under the Transfer of Property Act, 1882 with examples and relevant case laws.
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2. b) What is Mortgage? What are the essential requirements for a valid Mortgage? Bring out the difference between English Mortgage and Mortgage by Conditional Sale.
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3. c) Enumerate documents which need compulsory registration under the Registration act, 1908. What are the effects of non-registration of documents required to be registered?
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4. d) Explain the different kinds of easements with examples. Under what circumstances an easement ends?
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5. e) Explain the circumstances under which a lease is terminated?
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