LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Jun 2018 Question Paper - Mumbai University | munotes

Questions asked in this paper

• Please check whether you have got the right question paper. N.B: 1. Figures to right indicate full marks. 2. All Questions are compulsory. 3. Cite relevant case laws wherever required.

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

1. (a) What is "vested interest"?
   Read the model answer
2. (b) What is "Constructive notice"?
   Read the model answer
3. (c) What does "instrument" means ?
   Read the model answer
4. (d) What does "attested" mean?
   Read the model answer
5. (e) Who may impose easement?
   Read the model answer
6. (f) Who is competent to transfer?
   Read the model answer
7. (g) Who can acquire an easement?
   Read the model answer
8. (h) Who is an heir apparent?
   Read the model answer
9. (i) Define "immovable property".
   Read the model answer
10. (j) What is mean by "election"?
    Read the model answer

Q.2 Short Notes, any four 20 Marks

1. (a) Rule against Perpetuity
   Read the model answer
2. (b) Part Performance
   Read the model answer
3. (c) Ostensible Owner
   Read the model answer
4. (d) Transfer and Transmission
   Read the model answer
5. (e) Extinction of an easement
   Read the model answer
6. (f) Conditional transfer
   Read the model answer

Q.3 Situational Problems, any two 12 Marks

1. (A) "A" transfers property to his wife, but in case she should die in his life time, transfers to B that which he had transferred to her.
   • (i) What if A & B perish together?
   • (ii) Is conditional transfer allowed in law?
   Read the model answer
2. (B) "A" takes a loan of Rs.5 lakhs from B under a mortgage by conditional Sale, A fails to pay the amount to B.
   • (i) Can B file a suit to sell the mortgage property?
   • (ii) Does 'B' have a right for foreclosure?
   Read the model answer
3. (C) "A' farm at Sultanpur is the property of "C" worth Rs. 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".
   • (i) What are the options left to "C"?
   • (ii) Give reasons.
   Read the model answer

Q.4 Answer the following, any four 48 Marks

1. (a) What is an Exchange ? What are the rights & liabilities of the parties to an Exchange?
   Read the model answer
2. (b) What are the characteristics of a Lease? Discuss the rights and liabilities of the lessor and the lessee?
   Read the model answer
3. (c) What is Easement and What are the different types of Easements under the Indian Easement Act, 1882?
   Read the model answer
4. (d) What is "Sale"? What are the rights and liabilities of buyer and Seller?
   Read the model answer
5. (e) What is 'Gift'? What are the essentials of a Gift and how are gifts affected?
   Read the model answer
6. (f) What is mortgage ? State different types of mortgages and explain any two in detail.
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.