Mumbai University Solved Question Papers
Transfer of Property Act and Easement Act
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Dec 2012 Examination
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LLB 3 years Sem 3 Transfer of Property Act and Easement Act Dec 2012 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 Dec 2012 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Dec 2012 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 2012 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
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 in not more than two sentences 20 Marks
(a)Define 'Exchange' under the Transfer of Property Act.[2]
Answer
Section 118: "When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an exchange."
The three elements.
- A mutual transfer of ownership, so each party is both giver and taker.
- Two things, which may be moveable, immoveable, or one of each.
- Neither thing money only, or both money only. Money for goods is a sale. Money for money, such as one currency for another, is an exchange and is dealt with by section 121.
How it is made. Section 118 continues: a transfer in completion of an exchange "can be made only in manner provided for the transfer of such property by sale". So an exchange of immoveable property worth one hundred rupees or more needs a registered instrument under section 54.
Rights and liabilities. Section 120: each party has the rights and liabilities of a seller as to the thing he gives, and the rights and liabilities of a buyer as to the thing he takes. Section 119 covers a failure of title. A party deprived of what he received, because of a defect in the other's title, may claim the loss. At his option he may instead ask for the return of what he gave, if it is still with the other party or his legal representative.
Conclusion. An exchange is a double sale. Its form follows sale, and each party wears both hats at once.
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