Mumbai University Solved Question Papers
Transfer of Property Act and Easement Act
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Feb 2023 Examination
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LLB 3 years Sem 3 Transfer of Property Act and Easement Act Feb 2023 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 Feb 2023 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Feb 2023 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Feb 2023 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 2 hours · Total marks 60 · 22 questions answered
Instructions printed on the paper
- N.B: 1. All questions are compulsory 2. Figures to the right indicate full marks
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.
Q1.
Answer the following in two sentences, any six 12 Marks
a.Explain the doctrine of contribution.[2]
Answer
Section 82 states it: "Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage."
So the rule is rateable contribution. Where one mortgage covers several properties or several shares, each bears the debt in proportion to its value, and a co-owner who has paid more than his share may recover the excess from the others.
How the value is taken. For the purpose of determining the rate, the section directs that each share be valued after deducting any other mortgage or charge to which it was subject on the date of the mortgage, and, where the property has been sold, the value is taken as at the date of the sale.
Conclusion. The doctrine prevents one co-owner being made to carry a debt that burdens everybody's share. It is a default rule, displaced by a contract to the contrary, and it works with section 81 on marshalling: marshalling decides which property is resorted to first, contribution decides how much each bears.
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