Mumbai University Solved Question Papers
Transfer of Property Act and Easement Act
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Dec 2024 - 75/25 Examination
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LLB 3 years Sem 3 Transfer of Property Act and Easement Act Dec 2024 - 75/25 Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Dec 2024 - 75/25 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Dec 2024 - 75/25 examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 2024 - 75/25 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 2½ hours · Total marks 75 · 4 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.
a)Answer the following in two sentences. (Any six)[2]
- a) Who is considered an ostensible owner?
- b) What does vested interest mean?
- c) How is immovable property defined?
- d) Who has the authority to impose an easement?
- e) Who qualifies as a Universal Donee?
- f) What is the definition of actual notice?
- g) What constitutes an oral transfer?
- h) Under what circumstances can a gift be revoked?
Answer
Section 41: where, with the consent, express or implied, of the persons interested in immoveable property, a person is the ostensible owner of it and transfers it for consideration, the transfer shall not be voidable on the ground that the transferor was not authorised to make it, provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith.
An ostensible owner is a person who, by the conduct or consent of the real owner, appears to the world to be the owner though he is not. He is more than a servant or an agent in charge; he holds himself out, with the owner's acquiescence, as the owner.
Conditions, all to be proved by the transferee
- The transferor was the ostensible owner.
- He was so with the express or implied consent of the real owner.
- The transfer was for consideration (a gift is outside the section).
- The transferee took reasonable care.
- He acted in good faith.
The equity behind it. Nemo dat quod non habet, no one gives what he does not have, is the general rule. Section 41 is an exception resting on Ramcoomar Koondoo v. McQueen (1872): where one of two innocent persons must suffer by the act of a third, the loss falls on the one whose own conduct enabled the third to cause it.
Tests of ostensible ownership. In Jayadayal Poddar v. Bibi Hazra (1974) the Supreme Court listed: the source of the purchase money, who had possession and enjoyment, the motive for putting the property in another's name, the relationship of the parties, and their conduct in dealing with the property.
Conclusion. An ostensible owner is a person who looks like the owner, with the real owner's consent, but is not. Section 41 protects a buyer from him only where the transfer was for consideration, where the buyer took reasonable care to check the transferor's power, and where he acted in good faith. The burden of proving the last two lies on the buyer, so a purchaser who made no enquiry gets nothing from the section.
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