LL.B. (Three Years) Sem 3 Transfer of Property Act and Easement Act Dec 2025 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

Q1. Answer the following in two sentences (Any six) 12 Marks

1. a) Who is considered an ostensible owner?
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2. b) What does vested interest mean?
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3. c) How is immovable property defined?
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4. d) Who has the authority to impose an easement?
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5. e) Who qualifies as a Universal Donee?
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6. f) What is the definition of actual notice?
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7. g) What constitutes an oral transfer?
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8. h) Under what circumstances can a gift be revoked?
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Q.2 Short Notes (Any Two) 12 Marks

1. a) Transfer and transmission
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2. b) Doctrine of part performance
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3. c) Compulsory easement
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4. d) Lis pendens
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Q.3 Situational Problems (Any Two) 12 Marks

1. a) Rahi has three children, Neet, Meet, and Geet. She gifts her property to her eldest child, Neet, and after his lifetime, to Meet, and then to the unborn child of Geet.
   • i. Is Rahi's property transfer valid?
   • ii. Discuss the rules for transferring property to an unborn child.
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2. b) X sells his flat to Z. Z takes possession but does not pay X the agreed amount.
   • i. Can X reclaim possession of the flat?
   • ii. What remedies are available to X?
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3. c) A and B have a daughter, C. C transfers her inheritance rights in A's property to B for consideration. A dies thereafter.
   • i. Can B deny C her share in A's property? Why?
   • ii. Explain the principle involved in this case.
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4. d) A transfers property to his wife, but if she dies during his lifetime, it is to be transferred to B.
   • i. What happens if A and B die together?
   • ii. Is conditional transfer legally permissible?
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Q.4 Answer the following (Any three) 39 Marks

1. a) Explain the rule against perpetuity and its exceptions.
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2. b) Discuss the maxim "once a mortgage, always a mortgage" in relation to the equity of redemption.
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3. c) Outline the essentials of a lease? Explain the rights and liabilities of lessor and lessee?
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4. d) Define a gift and discuss it with reference to case law.
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5. e) Why is stamp duty required on an instrument? Describe the different types of stamps and their uses.
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