Mumbai University Solved Question Papers
Transfer of Property Act and Easement Act
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 7
Jan 2019 Examination
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BLS LLB 5 Years Sem 7 Transfer of Property Act and Easement Act Jan 2019 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 Jan 2019 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 Jan 2019 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Jan 2019 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.
Total marks 100 · 25 questions answered
Instructions printed on the paper
- Please check whether you have got the right question paper. N.B: 1. All questions are compulsory.
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.
Q. 1
Answer the following in not more than two sentences 20 Marks
a)List out one difference between a lease and a mortgage.[2]
Answer
The difference in one line. A lease transfers a right to enjoy the property for a time. A mortgage transfers an interest in the property as security for a debt.
The two definitions.
Section 105: a lease is "a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised".
Section 58(a): a mortgage is "the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability".
What follows.
| Lease | Mortgage | |
|---|---|---|
| Purpose | Enjoyment of the property | Security for a debt |
| What the transferee gets | A right to enjoy, and usually possession | An interest by way of security; possession only in some forms |
| What ends it | Efflux of time, notice, surrender or forfeiture, section 111 | Payment of the debt, which redeems it under section 60 |
| Consideration | Premium or rent | Mortgage-money, a loan or liability |
| The transferor keeps | The reversion | The equity of redemption |
Conclusion. A lease exists for its own sake and ends with time. A mortgage exists only because a debt exists, and dies when the debt is paid.
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