LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Apr 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Answer in not more than two sentences 20 Marks

1. (a) Enumerate any two rights which cannot be acquired by prescription?
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2. (b) List any one difference between condition precedent and condition subsequent.
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3. (c) What is meant by the expression 'attached to the earth'?
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4. (d) Lis Pendens means
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5. (e) Define Sale.
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6. (f) What is dominant heritage?
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7. (g) What is the exception to the rule that restriction on alienation is void?
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8. (h) Who is an heir apparent?
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9. (i) What are 'Res Extra Commercium? Can they be transferred?
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10. (j) List a difference between lease and sale.
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2. Attempt any four from the following 20 Marks

1. (a) Doctrine of Election
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2. (b) Direction for accumulation
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3. (c) Transfer by Ostensible Owner
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4. (d) Rights of a Seller
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5. (e) Rights of redemption
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6. (f) Natural Rights.
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3. Attempt any two from the following, give reasons for all your answers 12 Marks

1. (a) A and 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?
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2. (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?
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3. (c) A sues 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. A's suit is decreed. (i) What are the rights of C in respect of this property? (ii) What is the doctrine in this situation?
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4. Answer any four from the following 48 Marks

1. (a) Explain the basic conditions for a valid transfer. Discuss whether the following transactions amount to transfer: (i) surrender (ii) charge (iii) exchange (iv) partition.
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2. (b) What is an easement? Explain the essentials of an easement and different types of easement.
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3. (c) Explain the characteristics of Sale. Discuss the liabilities of a seller.
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4. (d) Discuss: (i) mortgage by conditional sale (ii) usufructuary mortage.
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5. (e) Discuss the rights and liabilities of the lessee.
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6. (f) Explain the doctrine of fraudulent transfer.
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