Mumbai University Solved Question Papers
Transfer of Property Act and Easement Act
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 7
Nov 2015 Examination
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BLS LLB 5 Years Sem 7 Transfer of Property Act and Easement Act Nov 2015 Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2015 examination.
The answers in this volume state the law as it stands today, not as it stood when this paper was set, and in this subject three amendments make that distinction matter. A contract relied on for part performance under Section 53A must, since 24 September 2001, itself be registered, so every answer here on part performance gives that requirement and its date, and a textbook printed earlier states the position wrongly. Section 106, which supplies the duration of a lease where the contract is silent, was amended with effect from 31 December 2002 so that the period of a notice to quit runs from the date the notice is received, and the older rule that the notice must expire with the end of a year or month of the tenancy no longer applies. Specific performance, which is the real remedy in most of the sale problems set here, ceased to be discretionary when the Specific Relief Act was amended in 2018. Where a question turns on Section 41 and a benami holding, the answer also states the effect of the Benami Transactions (Prohibition) Act, 1988 as amended in 2016, which now bars the real owner's suit in most cases. A repeated question from an older paper can therefore be answered from these pages as they are written.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2015 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2015 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
Instructions printed on the paper
- N.B: (1) All question are compulsory. (2) Figures to the right indicate full marks. (3) Write relevant case laws wherever necessary.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
1.
Answer the following Is not more than two sentences 20 Marks
i.Define Sale[2]
Answer
Section 54: "Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised."
The elements of the definition.
- A transfer of ownership, the whole interest, not a lesser one. That is what separates a sale from a lease or a mortgage.
- In exchange for a price. The price must be money. If the consideration is another thing, the transaction is an exchange under section 118.
- The price may be paid, promised, part paid or part promised. A sale is complete though nothing has yet been paid, provided the price is agreed.
How a sale is made, from the same section. Tangible immoveable property of one hundred rupees and upwards, and a reversion or other intangible thing, can be transferred only by a registered instrument. Tangible immoveable property worth less than one hundred rupees may be transferred by a registered instrument or by delivery of possession.
Conclusion. Sale is the transfer of ownership for a money price, and for immoveable property of any real value the only door is a registered deed.
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