LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Jun 2023 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1. Answer the following in not more than one or two sentences, any six 12 Marks

1. (a) What is customary easement?
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2. (b) What is an oral transfer?
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3. (c) Define 'instrument'.
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4. (d) Define 'movable property'.
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5. (e) Explain the term License.
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6. (f) State any two ways by which easement gets extinguished.
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7. (g) What is easement of necessity?
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8. (h) What is subrogation?
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9. (i) What is attestation?
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10. (j) What is Lis Pendens?
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Q.2. Write short notes on any two of the following 12 Marks

1. (a) Doctrine of Election
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2. (b) Fraudulent transfer
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3. (c) Vested Interest
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4. (d) Easement by prescription
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Q.3. Answer any two of the following situational problems with reasons 12 Marks

1. (a) Atul gifts his entire movable and immovable property to Shankar. There are some government dues pending on the gift.
   • i. Is this gift valid.
   • ii. What is Shankar's rights and responsibilities in the given the situation.
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2. (b) Shree wants some loan and hence mortgages his property to Raj. The arrangement between Shree and Raj is that the possession of the property will be given to Raj and Raj can recover from the rents.
   • (1) What kind of mortgage is it?
   • (2) What is right of Shree once the loan amount is repaid
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3. (c) Rishi lives on the first floor of Sky apartments. Vijay stays on the 10th floor. They wish to exchange their house.
   • i. Is this transaction of exchange valid.
   • ii. What are the rights of Rishi under exchange.
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4. (d) Kiran has three children A B and C. She gifts her property to the eldest child A and after his life to B and then to unborn child of C.
   • i. Is the transfer of property made by Kiran valid?
   • ii. Discuss the rules related to the transfer of property to an unborn chid
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Q.4. Answer any two of the following in detail 24 Marks

1. (a) Define lease. Explain the rights and liabilities of the lessor and lessee.
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2. (b) Explain the law on conditional transfers.
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3. (c) Explain various ways of acquisition of Easement under the Indian Easement Act.
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4. (d) Who is an ostensible owner? Can he transfer the property as an ostensible owner? Explain citing relevant case laws.
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