LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Answer in not more than two sentences 20 Marks

1. (a) Define 'Exchange' under the Transfer of Property Act.
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2. (b) What is dominant heritage?
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3. (c) What is usufructuary mortgage?
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4. (d) What is easement?
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5. (e) What is Lis Pendens?
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6. (f) When can a gift be revoked?
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7. (g) What is the difference between actual notice and constructive notice?
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8. (h) What is meant by the expression 'attached to the earth'.
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9. (i) What are accessory rights?
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10. (j) What is an actionable claim?
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2. Write short notes on any four from the following 20 Marks

1. (a) Part Performance.
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2. (b) Fraudulent Transfer.
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3. (c) Election.
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4. (d) Ostensible Owner.
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5. (e) Who are the persons who may sue for redemption under Sec. 91 of the T.P. Act?
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6. (f) What is subrogation?
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3. Attempt any two from the following 12 Marks

1. (a) A mortgages a certain plot of land to B and afterward erects a house on the plot. (i) Is B entitled to the house for the purpose of his security? (ii) Give reasons for your answer.
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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? (iii) If the transfer by A is made to D absolutely, after she attains majority, but with the condition that she cannot sell the property to anyone else, is D bound by the condition?
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3. (c) A is a debtor of B and B transfers that debt to C. B then demands repayment of that debt from A. A, not having received notice of the transfer, pays the money to B. (i) Is this payment valid? (ii) Can C sue A for the debt? Give reasons for your answer.
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4. Answer any four 48 Marks

1. (a) What is the rule against perpetuity? Discuss with reference to sections 14, 18 and 20 of the Transfer of Property Act.
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2. (b) Explain the difference between vested interest and contingent interest.
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3. (c) What is a 'gift'? What are the essentials of a gift and how is a gift effected?
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4. (d) What is a 'lease'? What are the rights and liabilities of the lessor and the lessee?
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5. (e) Explain the difference between a fraudulent transfer and a benami transfer.
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6. (f) Explain the difference between an easement and a licence.
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