LLB 3 Years Sem 3 Transfer Of Property Act And Easement Act Nov 2011 ToPA Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in not more than two sentences :— 20 marks
   • (a) List out one difference between a lease and a mortgage
   • (b) Define Exchange
   • (c) What are easements of necessity ?
   • (d) Enumerate any two kinds of transfers to which the Transfer of Property Act does not apply
   • (e) Give any one difference between vested interest and contingent interest
   • (f) What are accessory rights ?
   • (g) A Hindu widow transfers her right to receive maintenance. Is the transfer How can the gift of an immovable property be effected ?
   • (i) one instance when the mortgagee has a right to sue for mortgage When can a gift be revoked ?
2. Q2 Write short notes on any four of the following :— 20 marks
   • (a) Extinction of an easement
   • (b) Doctrine of Lis pendens
   • (c) Condition precedent and subsequent
   • (d) restraining alienation
   • (e) Fraudulent transfer
   • (f) Sale. ‘
3. Q3 Attempt any two from the following :— Give reasons for all your answers 12 marks
   • (a) AandB have a daughter C.C release her right of inheritance in A's property in favour of B for consideration. Thereafter A dies
   • (i) Can B resist C's claim to her share in A's property ? Why ?
   • (ii) Explain the principle involved
   • (b) A transfers property to B with a direction that the half the income from the property should accumulated and be used for the maintenance of the property He also directs that the remaining half of the income should be accumulated for a period of 25 years
   • (i) Are the directions to B valid ?
   • (ii) Explain the principle on which your answer is based
   • (c) A transfers his property to B for 20 years, then to C for 10 years, then to D for 5 years, and finally to B's unborn son without power of alienation
   • (i) What right does the unborn son of B have in the property of A ?
   • (ii) What interest do B, C and D have in the property ?
4. Q4 Answer any four from the following 48 marks
   • (a) Discuss the rights and liabilities of a mortgagor
   • (b) Explain Lease. When does the lease of an immovable property terminated
   • (c) Whatis the doctrine of part performance ? What conditions must be satisfied before the doctrine of part performances can be
   • (d) Elucidate the doctrine of election:
   • (e) What are the requirements of transfer by ostensible owner ?
   • (f) Explain the different modes of acquiring an easement

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