Mumbai University Solved Question Papers
Transfer of Property Act and Easement Act
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Jan 2018 Examination
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LLB 3 years Sem 3 Transfer of Property Act and Easement Act Jan 2018 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 2018 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Jan 2018 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 2018 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. 2. Figures to right indicate full marks. 3. Cite relevant case laws wherever required.
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 sentence 20 Marks
a)What is "Actual Notice"?[2]
Answer
Actual notice is the first limb of the definition in section 3: a person is said to have notice of a fact "when he actually knows that fact". It is real knowledge, as against the constructive notice the rest of the definition imputes to a person who wilfully abstains from an enquiry he ought to have made or is grossly negligent.
What counts as actual notice. The courts require the knowledge to be
- Definite, not vague rumour or casual gossip;
- Of the same transaction, so knowledge picked up in an unrelated dealing does not count; and
- Given by a person interested in the property, or otherwise obtained in the course of the transaction. A statement by a stranger with no interest is not notice.
Conclusion. Actual notice is knowledge the person in fact has; constructive notice is knowledge the law refuses to let him deny. Both have the same effect, because section 3 puts them in a single definition, and a transferee with either takes subject to the fact he had notice of.
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