LLB 3 Years Sem 3 Transfer Of Property Act And Easement Act April 2024 ToPA 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 All questions are compulsory
2. Q2 Figures to the right indicate full marks
3. Q1 Answer the following in not more than two-sentences (Any six) 12 marks
   • a) What is “vested
   • b) What is “Constructive
   • c) What is meant by “instrument’’?
   • d) What does mean?
   • e) Who may impose easement?
   • f) Who is competent to transfer?
   • g) Define charge
   • h) Define Mortgage
   • i) What is Profit A Prendre
   • j) Who is a "universal donee"?
4. Q2 Notes: (Any Two) 12 marks
   • a) Perpetuity
   • b) Part Performance
   • c) Ostensible Owner
   • d) Extinction of Easement Situational Problems: (Any Two) (12)
   • A) “A” transfers property to his wife, but in case she should die in his life time, transfers to “B” that which transferred to her
   • (1) What if A & B perish together?
   • (11) Is a conditional transfer allowed in law?
   • 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 B file a suit to the mortgaged property?
   • (11) Does ‘B’ have a right to foreclosure? Paper Subject Code: 66813 Transfer of Property Act & Easement Act
   • 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
   • (1) Can D resist C's claim to her share in A's property?) Why?
   • (ii) Explain the principle involved
   • D) is an owner of a flat in Mumbai, behind-his wife and child to Dubai and was not heard of for 5 years. The wife mortgaged the flat for 5O C
   • (i) Is the Mortgage valid? (i1) What are the rights of c A does not return after 7 years?
5. Q4 Answer the following: (Any two) 24 marks
   • a) What is an Exchange? What are the rights & liabilities of the parties to an Exchange?
   • b) What are-the characteristics of Discuss the rights and liabilities of the lessor and
   • c) What is Easement and What are the different types of Easements under the Indian Easement Act,
   • e) What is Redemption? Who camredeem a mortgage besides the Mortgagor? Paper Subject Code: 66813 Transfer of Property Act & Easement Act
   • F) ST A ii)
   • ii),

Read from the scan above, so a character or two may differ. The scan is the original.