BLS LLB 5 Years Sem 7 Transfer of Property Act and Easement Act Solved Question Papers with Answers 2017 to 2026 - Mumbai University | munotes

The single most useful thing to know about this subject is that its situational problems are very often the illustrations printed in the two Acts themselves, with the names and the figures changed. The farm of Sultanpur worth Rs. 800, given away by an instrument of gift together with Rs. 1,000 to its real owner, is the illustration to Section 35 of the Transfer of Property Act, and the 2018-19 paper reproduces it keeping even the place name and only inflating the money to a crore and a crore and a half. The 2023-24 paper sets it again as a property called Oasis. The 2024-25 ATKT paper sets the other Section 35 illustration, the estate and the coal-mine, as a tea estate and a marble-mine which the owner takes possession of and exhausts. The 2024-25 regular paper sets the illustration to Section 31, a farm given for life with a proviso that the transfer shall cease if the holder cuts down certain trees, and, in the same section, the first illustration to Section 33 of the Indian Easements Act, a permanent obstruction placed in a path over which the tenant of another person's house has a right of way. The 2022-23 paper sets illustration (b) to Section 8 of the Easements Act, the life tenant with a remainder over who wants to grant an easement, and asks in its second half what illustration (a) answers. If you read the bare Acts with their illustrations rather than a summary of them, you will have seen a good part of the situational section before you sit down.

Two fact patterns come round more than any others, and both are worth preparing as set pieces. A borrower gives his property as security under a document providing that if the money is not repaid within two years the ownership will pass absolutely to the lender: that appears in seven of the thirteen files here, and it is testing one idea, that the words do not do what they say, because the clause is a clog on the equity of redemption and the lender's remedy is a foreclosure decree and not the property. A daughter releases her right of inheritance in her living father's property for consideration and claims her share when he dies: that appears in four files, and it is Section 6(a) and spes successionis, with the family arrangement estoppel as the answer's second half. The husband who goes to Dubai and is not heard of for five years while his wife mortgages the flat appears in three, and it is Section 43 once she inherits.

Easements are not the small half of this paper. Twelve of the thirteen files set an easement question worth 12 or 13 marks in the final section, the single exception being the December 2025 regular paper, and every paper carries easement questions in the short answer section as well. The doctrine of election is set in ten of the thirteen, as a short note, a long answer or a problem. Between them, easements and election will earn more marks in this folder than any other two topics.

The paper code will not tell you what pattern you are sitting, and this folder is the proof. Code 66803 carries both the 100 mark three hour paper of the older sittings and the 60 mark two hour paper of 2024-25. Code 66913 carries the 60 mark papers from 2022-23 onward. The 2018-19 paper carries a Q.P. Code, 22867, and no subject code at all, and the 2019-20 paper is code 66903. Read the marks and the duration off the first page and ignore the code. There are three shapes: 100 marks in three hours, in sections of 20, 20, 12 and 48; 60 marks in two hours, in sections of 12, 12, 12 and 24; and one 75 mark paper in two and a half hours, in sections of 12, 12, 12 and 39.

That 75 mark paper, the 2025-26 ATKT under code 67143, is different in ways that matter. Its header names the subject simply Transfer of Property, without the Easement Act, and the paper follows suit: one of its five long questions is on the Registration Act, 1908, and it asks which documents are compulsorily registrable. It also offers only eight short questions instead of ten, and asks for three long answers of 13 marks rather than two of 12. The 2025-26 ATKT paper for 60 marks is the other outlier, opening with four questions of pure jurisprudence, possession, corporeal and incorporeal ownership, inter vivos transfer and spes successionis, which no other paper in the folder does.

Three dates change the answers in this subject, and a book printed before them will mislead you. Since 24 September 2001 a contract relied on for part performance under Section 53A must itself be registered, the Registration and Other Related Laws (Amendment) Act of that year having deleted the words that dispensed with registration and inserted Section 17(1A) into the Registration Act, so an unregistered agreement now gives a buyer in possession no defence at all. Since the amendment of Section 106 in 2002 the period of a notice to quit runs from the date the notice is received, and the old requirement that it expire with the end of a year or month of the tenancy is gone. And since the amendment of the Specific Relief Act in 2018, specific performance is no longer discretionary but is to be enforced, which changes the advice you give in every problem where a seller refuses to complete.

These are model answers prepared by munotes. They are a study aid and not official University answer keys, which the University of Mumbai does not publish.