LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Nov 2015 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) All question are compulsory. (2) Figures to the right indicate full marks. (3) Write relevant case laws wherever necessary.

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

1. i. Define Sale
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2. ii. Define Mortgage.
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3. iii. What does "attached to the earth" mean.
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4. iv. What does "attested" mean.
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5. v. What is Profit Prendre.
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6. vi. Who is a "universal donee".
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7. vii. Who may impose easement.
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8. viii. Persons competent to transfer.
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9. ix. Oral transfer.
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10. x. Define charge.
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2. Short Notes, any four 20 Marks

1. (a) Fraudulent transfer.
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2. (b) Doctrine of Election.
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3. (c) Conditional Transfer.
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4. (d) Lis Pendens.
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5. (e) Transfer by Ostensible Owner.
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6. (f) Extinction of Easement.
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3. Situational Problems, any two 12 Marks

1. (1) Z transfers a property to B for life and then to the unborn child of X for life. (A) In the above case is the transfer in favour of the unborn child valid? (B) What is the maximum period during which vesting in favour of the unborn can be delayed?
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2. (2) A a Hindu seperated from his father B sells to C three fields X,Y and Z, representing that A is authorised to transfer the same. Of these fields Z does not belong to A since it was retained by his father on Partition. (A) What is the right of C if A gets Z on B's death if he upholds the contract of transfer in his favour? (B) What is the right of C if any if C rescinds the contract of Transfer? Explain the doctrine involved
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3. (3) A owes money to B who transfers the debt to C. B then demands the debt from A. (A) In the above case if A pays B is the payment valid? (B) In the above case what would be the effect if notice of transfer was given to A? Explain the section involved
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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 lease? Discuss the rights and liabilities of the lesser and the lessee.
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3. c. What is Part Performance? What are the conditions to be fulfilled by Transferee who wants to defend or protect his possession?
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4. d. What is Easement and what are the different types of Easements under the Indian Easement Act,1882? Explain.
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5. e. What is Redemption? Who can redeem a mortgage besides the Mortgager?
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6. f. What is Rule against Perpetuity? What are the provisions regarding Transfer to an unborn child under Transfer of Property Act?
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Read from the scan above, so a character or two may differ. The scan is the original.