LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Nov 2010 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Answer in not more than two sentences 20 Marks

1. (a) Who are competent to transfer property under the Transfer of Property Act?
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2. (b) What is meant by mesne profits.
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3. (c) What is meant by right to pre-emption?
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4. (d) How can a transfer in case of intangible thing be made?
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5. (e) What is anomalous mortgage?
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6. (f) What is exchange under the Transfer of Property Act?
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7. (g) What is the difference between Actual notice and Constructive notice?
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8. (h) Distinghish between easement under English Law and profit a prendre.
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9. (i) Who can acquire an easement?
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10. (j) Enumerate any implied contract by a mortgagor.
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2. Write short notes any four from the following 20 Marks

1. (a) Revocation of gift
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2. (b) Fraudulent transfer
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3. (c) Easement of necessity
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4. (d) Partial restraint on transfer
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5. (e) Doctrine of part performance
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6. (f) Tenancy at Sufferance and Tenancy at Will.
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3. Attempt any two from the following, give reasons for all your answers 12 Marks

1. (a) A collusive maintenance suit was filed by a Hindu wife against her husband. During the pendency of the suit, the husband transferred the property to M for consideration. Subsequently, a charge was created in favour fo the wife on such property. (i) Is M affected by such charge? (ii) Give an example of collusive suit.
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2. (b) M mortgaged his family property to N, in which he had only half share. The fact that M has only half the share in the property was known to N. Later on, on the death of his father, M became the owner of the entire property. (i) Can N be entitiled to enforce his mortgage against the entire property? (ii) Explain the doctrine on which your answer is based.
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3. (c) A takes a loan of Rs. 5 lacs from B under a mortgage by conditional sale. A fails to pay the amount to B. (i) Can B file a suit to sell mortgaged property? (ii) Does B have a right of foreclosure?
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4. Attempt any four from the following 48 Marks

1. (a) (i) Explain the distinction between Vested interest and Contingent interest. (ii) What is the difference between Condition Precedent and Condition Subsequent?
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2. (b) Explain Lease. What are the rights and liabilities of a lessor?
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3. (c) Explain in detail the provisions dealing with transfer by ostensible owner.
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4. (d) State the difference between mortgage and a sale. Discuss the rights and liabilities of the seller and that of the mortgagor.
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5. (e) (i) What is the difference between a Customary easement and Prescriptive easement? (ii) Discuss the difference between easement and a license.
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6. (f) Define transfer of property. Discuss the statement-The law always favours alienation of property rather than its accumulation'.
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