LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Jan 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. a) List out one difference between a lease and a mortgage.
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2. b) What are easements of necessity?
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3. c) Give anyone difference between vested interest and contingent interest.
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4. d) A Hindu widow transfers her right to receive maintenance. Is the transfer valid? Why?
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5. e) How can a transfer in case of intangible thing be made?
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6. f) What is 'exchange' under the Transfer of Property Act?
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7. g) What is the difference between Actual notice and Constructive notice?
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8. h) Distinguish between easement under English Law and profit a prendre.
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9. i) Who can acquire an easement?
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10. j) Enumerate any implied contract by a mortgagor.
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Q. 2 Short Notes, any four 20 Marks

1. a) Doctrine of Lis Pendents
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2. b) Condition restraining alienation
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3. c) Doctrine of Election
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4. d) Rights of a Seller
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5. e) Extinction of easement
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6. f) Fraudulent Transfer
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Q. 3 Attempt any two from the following 12 Marks

1. 1) A and B have a daughter C. C release her right of inheritance in A's prosperity in favour of B for consideration. Thereafter A dies. i) Can B resist C's is to her share in A's property? Why? ii) Explain the principles involved.
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2. 2) A transfers property to B with a direction that the half the income from the property should accumulated and be used for the maintenance of the property. He also directs that the remaining half of the income should be accumulated for a period of 25 years. i) Are the directions to B valid? ii) Explain the principle on which your answer is based
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3. 3) A takes a loan of Rs. 5 lacs from B under a mortgage by conditional sale. A fails to pay the amount to B. i) Can B file a suit to sell mortgaged property? ii) Does B have a right of foreclosure
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Q. 4 Answer any four from the following 48 Marks

1. a) Discuss the rights and liabilities of a mortgagor.
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2. b) What is the doctrine of part performance? What conditions must be satisfied before the doctrine of part perfonnance can be applied?
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3. c) Explain the different modes of acquiring an easement.
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4. d) What is an easement? Explain the essentials of an easement and different types of easement.
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5. e) Explain Lease. What are the rights and liabilities of a lessor?
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6. f) What is Exchange? What are the rights and liabilities of parties to an exchange?
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