LLB 3 Years Sem 3 Transfer Of Property Act And Easement Act May 2019 TOPA Question Paper - Mumbai University | munotes

Questions asked in this paper

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SECTION I - Answer the following in not more than two sentences 20 Marks

1. Q1 Define Charge
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2. Q2 Define Mortgage
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3. Q3 What does "attached to the earth" mean
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4. Q4 What does "attested" mean.
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5. Q5 What is Profit A Prendre
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6. Q6 Who is a "universal donee".
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7. Q7 Who may impose an easement?
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8. Q8 Persons competent to transfer.
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9. Q9 Oral transfer
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10. Q10 What is subrogation?
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SECTION II - Short Notes, any four 20 Marks

1. Q11 Condition restraining Alienation
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2. Q12 Doctrine of Election
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3. Q13 Conditional Transfer
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4. Q14 Lis Pendens
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5. Q15 Transfer by Ostensible Owner
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6. Q16 Extinction of Easement
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SECTION III - Situational Problems, any two 12 Marks

1. Q17 A and B have a daughter C. C released her right of inheritance in A's prosperity in favour of B for consideration. Thereafter A dies. Can B resist C's claim to her share in A's property? Why? Explain the principle involved
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2. Q18 A takes a loan of Rs.5Lacs from B under a mortgage by conditional sale. A fails to pay the amount to B. Can B file a suit to sell mortgaged property? Does B have a right of foreclosure?
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3. Q19 'A' is an owner of a flat at Mumbai, who left behind his wife B and child and went to Dubai and was not heard of for 5 years. The wife mortgaged the flat for SO Lakhs to C. Is the Mortgage valid? What are the rights of C in case A does not return after 7 years?
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SECTION IV - Answer the following, any four 48 Marks

1. Q20 What is an Exchange? What are the rights and liabilities of the parties to an Exchange?
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2. Q21 What are the characteristics of a Lease? Discuss the rights and liabilities of the lesser and the lessee
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3. Q22 What is Part Performance? What are the conditions to be fulfilled by a Transferee who wants to defend or protect his possession?
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4. Q23 What is Easement and what are the different types of Easements under the Indian Easement Act, 1882? Explain.
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5. Q24 What is Redemption? Who can redeem a mortgage besides the Mortgagor?
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6. Q25 What is Rule against Perpetuity? What are the provisions regarding Transfer to an unborn child under Transfer of Property Act?
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