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

Questions asked in this paper

Q1. Answer the following in one or two sentences (any six) 12 Marks

1. a) What is the effect of transfer made by an ostensible owner?
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2. b) What can be given as Consideration in Lease Agreements?
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3. c) State the effect of gift of existing and future property.
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4. d) Define the term 'Discontinuous Easement' and give an illustration.
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5. e) State the legal formalities for Mortgage of Immovable Property.
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6. f) Explain the term "Actionable Claim"
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7. g) Explain the provision with respect to transfer by unauthorized person who subsequently acquires interest in the property transferred.
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8. h) What is the effect of creating a contingent interest?
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9. i) State any two ways by which easement rights can be acquired
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10. j) What is meant by Right of Subrogation?
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Q2. Write Short Notes on Any two 12 Marks

1. a) Determination of Lease
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2. b) Essentials of Valid Easement
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3. c) Doctrine of Marshalling
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4. d) Exchange of Property
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Q3. Attempt any two 12 Marks

1. a) Parin is the only son to his parents. He has one adopted sister and other relative. His parents on multiple occasions have made verbal remarks that he is the only child and will get all their property. Parin in the hope that he is the only legal heir transfers part of the property to his friend for a consideration of 10 lakh.
   • i. Is the transfer of property by Parin Valid?
   • ii. Who can transfer Property?
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2. b) A is the owner of three Acre of land. In one Acre land, he has built a bungalow and does farming in another half-Acre land, which is irrigated by the river water adjacent to his part of land. Out of the remaining land, he transfers one Acre to B. B wishes to use the land for agricultural purpose and use the river water adjacent to A's part of land as there is no other source of water.
   • i. What kind of right B has to use the river water
   • ii. Under what circumstances the right can come to an end
   • iii. What is an easement of necessity? Explain citing the relevant provision.
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3. c) "A" transfers the property to his brother "B" and after "B"'s death to his sister "C" and after "C"'s death to C's unborn daughter "D" and after "D" the property will be transferred to "A"'s son who is alive and of 18 years of age on the date of the transfer.
   • i) Can A's son claim the property after D's death
   • ii) What modification would you suggest in the transfer so that D gets a vested interest in the property
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4. d) "A" gifted all his movable and immovable property to "B". On one of the immovable property, there are some tax dues to the BMC.
   • i) What is this kind of Gift called as?
   • ii) Can B refuse to make the tax payment to BMC?
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Q4. Attempt any two 24 Marks

1. 1. Explain various kinds of Mortgage.
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2. 2. "Property cannot be transferred in perpetuity": Explain
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3. 3. Explain the various ways by which extinction of easementary rights can take place
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4. 4. Discuss: "Property of every kind can be transferred"
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