LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Apr 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• Note: 1. All questions are compulsory 2. Figures to the right indicate full marks

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

1. (a) What is "vested interest"?
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2. (b) What is "Constructive notice"?
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3. (c) What is meant by "instrument"?
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4. (d) What does "attested" mean?
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5. (e) Who may impose easement?
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6. (f) Who is competent to transfer?
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7. (g) Define charge
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8. (h) Define Mortgage
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9. (i) What is Profit A Prendre
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10. (j) Who is a "universal donee"?
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Q.2 Write Short Notes, any two 12 Marks

1. (a) Rule against Perpetuity
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2. (b) Part Performance
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3. (c) Ostensible Owner
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4. (d) Extinction of Easement
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Q.3 Attempt 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 a conditional transfer allowed in law?
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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 mortgaged property?
   • (ii) Does 'B' have a right to foreclosure?
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3. (C) A and B have a daughter C. C released her right of inheritance in A's property in favour of D for consideration. Thereafter A dies.
   • (i) Can D resist C's claim to her share in A's property? Why?
   • (ii) Explain the principle involved.
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4. (D) 'A' is an owner of a flat in Mumbai, who left behind his wife and child and went to Dubai and was not heard of for 5 years. The wife mortgaged the flat for 5O Lakhs to C.
   • (i) Is the Mortgage valid?
   • (ii) What are the rights of c in case A does not return after 7 years?
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Q.4 Answer the following, any two 24 Marks

1. (a) What is an Exchange? What are the rights & liabilities of the parties to an Exchange?
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2. (b) What are the characteristics of a Lease? Discuss the rights and liabilities of the lessor and the lessee.
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3. (c) What is Easement and What are the different types of Easements under the Indian Easement Act, 1882?
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4. (e) What is Redemption? Who can redeem a mortgage besides the Mortgagor?
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Read from the scan above, so a character or two may differ. The scan is the original.