LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act May 2016 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

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

1. (a) Define Actionable Claim.
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2. (b) Define Immovable Property.
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3. (c) When is a person said to have 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 Equitable mortgage?
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8. (h) Who is an "Universal Donee"?
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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) Distinguish between tenancy by holding over and tenancy by sufferance.
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2. (b) Fraudulent Transfer
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3. (c) Transfer to an unborn child.
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4. (d) Acquisition by prescription.
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5. (e) Lis Pendens.
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6. (f) Marshalling Securities
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3. Situational problems, any two 12 Marks

1. (a) A makes a gift of a house to B with a condition that if B sold during the lifetime of A's wife, she should have an option to purchase it for Rs. 22000. The value of the house is 10 lakhs. (i) In the above case is the gift to B valid. Explain (ii) Can a gift be revoked at the will of a donor.
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2. (b) A transfers to B a property P where there is a pending suit against A on the said property P filed by X. (i) Which doctrine is applicable in the above case. Explain the doctrine. (ii) What should be the consequence if X won the suit?
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3. (c) A transfers to C a debt due to him by B. A then being indebted to B. C sues B for the debt due by B to A. (i) What is the right of B in the above case? (ii) Would it make any difference if C was not aware of the right of B on the date of transfer?
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4. Answer the following, any four 48 Marks

1. (a) What is a lease? What are the rights and liabilities of a lessor and a lessee
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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 are the provisions with reference to extinction of Easement U/s 37 to 48 of the Easement Act,1882?
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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 a Sale? What are the rights and liabilities of Buyer and Seller?
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