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

• (2) Figures to the right indicate full marks

1. Q1 Answer the following Is not more than two sentences 20 marks
   • i. Define Sale
   • ii. Define Mortgage What does "attached to the earth" mean
   • iv. What does "attested" mean
   • v. What is Profit Prendre Vi. Who is a "universal donee",
   • vii. | Who may impose easement
   • viii. | Persons competent to transfer
   • x. Define charge
2. Q2 Short Notes (Any four) 20 marks
   • (a) Fraudulent transfer
   • (b) Doctrine of Election
   • (c) Conditional Transfer Transfer by Ostensible Owner
   • (f) . Extinction of Easement
3. Q3 Situational Problems (Any two) 12 marks
   • (1) Z transfers a property to B for life and then to the unborn child of X for
   • (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?
   • (2) seperated from his father B sells to C three fields X,Y 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? (E} What is the right of C if any if C rescinds the contract Transfer? Explain the doctrine involved
   • (3) owes money to B who transfers the debt to C. B then demands the debt
   • (A) the above case if A pays B is the payment valid?
   • (B) the above case what would be the effect if notice of transfer was given to A? Explain the section involved { TURN OVER
4. Q4 Answer the following (any four) 48 marks
   • a. What is an Exchange? What are the rights and liabilities of the parties to an
   • b. What are the characteristics of a lease? Discuss the rights and liabilities of the lesser and the lessee
   • c. What is Part Performance? What are the conditions to be fulfilled by Transferee who wants to defend or protect his possession?
   • d. What is Easement and what are the different types of Easements under the Indian Easement Act,1882? Explain
   • e. What is Redemption? Who can redeem a mortgage besides the Mortgager?
   • f. What is Rule against Perpetuity? What are the provisions regarding Transfer to an unborn child under Transfer of Property Act?
5. Q3 yea
   • (3) MATS

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