LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Nov 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Answer the following in not more than two sentences 20 Marks

1. (a) Define Mortgage
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2. (b) Define Actionable Claim
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3. (c) What is constructive notice?
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4. (d) What is vested interest?
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5. (e) What is conditional Transfer?
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6. (f) Onerous gifts
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7. (g) What is Usufructuary mortgage?
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8. (h) What is immovable Property?
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9. (i) Who may impose Easement?
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10. (j) What does "Attached to the Earth "mean.
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2. Short Notes, any four 20 Marks

1. (a) Determination of Lease
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2. (b) Distinguish between Exchange and Partition
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3. (c) Transfer to an unborn child
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4. (d) Easements of necessity and quasi easements
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5. (e) Lis Pendens
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6. (f) Part Performance.
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3. Situational problems, any two 12 Marks

1. (a) 'A' is an owner of a flat at Mumbai, who left behind his wife 'B' and child and went to Dubai and was not heard of for 5 years. The wife mortgaged the flat for 50 lakhs to 'C'. Is the mortgage valid? What are the right of 'C' in case 'A' does not return after 7 years?
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2. (b) A farm at Sultanpur is the property of 'C' worth Rupees 1 Crore. 'A' by an instrument of gift professes to transfer it to 'B', giving by the same instrument Rs. 1.5 crore to 'C'. What are the rights of 'C' and give reasons for your answer.
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3. (c) 'B' makes a gift to 'X', 'Y' and 'Z'. 'X' and 'Y' accept the gift whilst 'Z' refuses. What happens to the gift with reference to Section 125 of The Transfer of Property Act.
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4. Answer the following, any four 48 Marks

1. (a) What is an Exchange? What are the rights and liabilities of the parties to an Exchange?
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2. (b) What are the characteristics of a 'Valid Gift'? What are the different types of Gifts? When can gifts be revoked?
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3. (c) What is an Easement? What are the different types of easement and what is easement by prescription?
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4. (d) Define 'transfer of property'. What are the essentials of a valid transfer? What property may be transferred? What are the ten exceptions?
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5. (e) Distinguish between 'Lease' and a 'Licence'. When can a licence be revoked?
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6. (f) What is the Rule against Perpetuity? What are the provisions regarding Transfer to an unborn child under The Transfer of Property Act?
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