LLB 3 Years Sem 3 Transfer Of Property Act And Easement Act Nov 2010 ToPA Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in not more than two sentences 20 marks
   • (a) | Who are competent to transfer property under the Transfer of Property Act?
   • (b) | What is meant by mesne ‘
   • (c) | meant by right to pre-emption?
   • (d) How can a transfer in case of intangible thing be made?
   • (e) | What is anomalous mortgage?
   • (f) | exchange under the Transfer of Property Act?
   • (g) | the difference between Actual notice and Constructive notice?
   • (h) Distinghish between easement under English Law and profit a prendre
   • (i) | acquire an easement?
   • (j) Enumerate any implied contract by a mortgagor
2. Q2 Write short notes any four from the following 20 marks
   • (a) | Revocation of gift
   • (b) Fraudulent transfer
   • (c) Easement of necessity
   • (d) Partial restraint on transfer
   • (e) Doctrine of part performance
   • (f) | Tenancy at Sufferance and Tenancy at Will
3. Q3 Attempt any two from the following : (Give reasons for all your answers)
   • (a) maintenance suit was filed by a Hindu wife against her husband During the pendency of the suit, the husband transferred the property to Mfor consideration. Subsequently, a charge was created in favour fo the wife on such property
   • (i) ISM affected by such charge?
   • (ii) Give an example of collusive suit
   • (b) 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
   • (i) be entitiled to enforce his mortgage against the entire
   • (ii) Explain the doctrine on which your answer is based
   • (c) Atakes 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?
4. Q4 Attempt any four from the following 48 marks
   • (a) (i) Explain the distinction between Vested interest and Contingent interest
   • (ii) What is the difference between Condition Precedent and Condition
   • (b) Explain Lease. What are the rights and liabilities of a lessor?
   • (c) Explain in detail the provisions dealing with transfer by ostensible owner
   • (d) State the difference between mortgage and a sale. Discuss the rights and liabilities of the seller and that of the mortgagor
   • (e) (i) What is the difference between a Customary easement and Prescriptive
   • (ii) Discuss the difference between easement and a license
   • (f) Define transfer of property. Discuss the statement-The law always favours alienation of property rather than its accumulation’

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