LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Jan 2024 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer any six of the following in one or two sentences. 12 marks
   • a) Who is competent to transfer property as per the Transfer of Property Act, 1882?
   • b) Explain the term ‘Conditional Transfer’
   • c) Who is an Universal Donee?
   • d) Explain the term Servient Heritage and Dominant Heritage
   • e) Discuss the rights of the mortgagee with respect to accession to mortgaged property
   • f) What is the time limit within which document should be presented for registration under the Registration Act, 1908?
   • g) What does the term duly stamped mean as per the Maharashtra Stamp Act?
   • h) What is a fraudulent transfer?
2. Q2 Write Short Note on any two of the following. 12 marks
   • a) Right of Redemption
   • b) Determination of Lease
   • c) Suspension or Revocation of Gift
   • d) Incidents of Easement
3. Q3 Answer any two of the following situation problems. 12 marks
   • a) “A” has a property and he proposes to transfer in the following manner A would like to transfer his property to B and then further to C. After C the property will be transferred to unborn child of C when he attains the age of 30. Advise A on
   • i. Can A transfer the property to the unborn child? What kind of interest is created in favour of B and C?
   • b) Segal, a shop in the main market grants permission to a florist to use the open space outside his shop for selling flowers
   • i. What kind of right is granted by Segal to the florist? Mention the relevant Can the florist further transfer this right to some other person?
   • c) A, as owner of a house, has a right of way over B’s land. C unlawfully enters on B’s land, and obstructs A in his right of way
   • i. What is act of C termed in the Easement Act
   • ii. Whocan sue C for his act as per the provisions of Easement Act?
   • d) X mortgages his house to Y for a period of 5 years. On expiry of the said period, X pays the mortgage money to Y and asks Y to retransfer the rights to X. Y fails to do so
   • i. What is the right of the mortgagor on repayment of mortgage money? Explain
   • ii. During the subsistence of the mortgage, can the mortgagor lease the mortgaged property? Explain with the help of relevant provision
4. Q4 Attempt any three of the following in detail. 39 marks
   • a) Explain the Doctrine of Election with illustrations
   • b) Define Mortgage. Explain various kinds of Mortgage
   • c) Discuss the provisions relating to Doctrine of Lis Pendens
   • d) Explain the Doctrine of Rule against Perpetuity in the Transfer of Property Act
   • e) Define ‘immovable property’ under Registration Act, 1908. Explain the law governing registration of documents and effects of non-registration Paper Subject Code: 66823 Transfer of Property
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