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

Questions asked in this paper

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

1. a) What is "Actual Notice"?
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2. b) What is "Conditional Transfer"?
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3. c) What is mean by "instrument"?
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4. d) Define "immovable property"?
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5. e) What does "Attested" mean?
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6. f) Who is competent to transfer?
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7. g) What is dominant heritage?
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8. h) Who can acquire an easement?
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9. i) Give any two examples of properties which can be transferred?
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10. j) What do you mean by Ostensible Owner?
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Q.2 Short Notes, any four 20 Marks

1. a) Rule against Perpetuity
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2. b) Transfer and Transmission
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3. c) Doctrine of Election
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4. d) Lis Pendent
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5. e) Fraudulent Transfer
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6. f) Part Performance
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Q.3 Situational Problems, any two 12 Marks

1. A) "A" owes money to "B" who transfers the debt to "C". "B" then demands the debt from "A", who not having received notice of the transfer, pays B. (i) Is the payment valid? (ii) Can "C" sue "A" for the debt? Give reason for your answer.
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2. B) "A" transfers his property to "B" for 20 years, then to "C" for 10 years, then to "D" for 5 years, and finally to B's unborn son without power of alienation. (i) What right does the unborn son of "B" have in the property of "A"? (ii) What interest do B, C, & D have in the property?
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3. C) A & B have a daughter C. C releases her right of inheritance in A's property in favour of B for consideration. Thereafter A dies. (i) Can B resist C's claim to her share in A's property? Why? (ii) Explain the principle involved.
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Q.4 Answer the following, any four 48 Marks

1. a) What is "Sale" & "Contract of Sale"? How sale is made? What is mean by marshaling by subsequent purchaser?
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2. b) What is "lease"? What are the rights & liabilities of a lessor & a lessee?
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3. c) What is "mortgage"? State different types of mortgages. Explain any two in detail.
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4. d) What is 'Gift'? What are the essentials of a Gift & how are gifts affected?
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5. e) What is 'Exchange'? What properties can not be transferred?
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6. f) Explain the different modes of acquiring an easement.
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