Mumbai University Solved Question Papers
Transfer of Property Act and Easement Act
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Apr 2024 - 75/25 Examination
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LLB 3 years Sem 3 Transfer of Property Act and Easement Act Apr 2024 - 75/25 Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
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Contents
The questions below are the paper as the University of Mumbai set it at the Apr 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 Apr 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
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- N.B: 1. All questions are compulsory 2. Figures to the right indicate full marks
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a)Answer any six of the following in one or two sentences[2]
- a) What is immovable property under the Transfer of Property Act, 1882?
- b) Name any three properties which cannot be transferred under the Transfer of Property Act, 1882.
- c) Who is an Ostensible Owner?
- d) What is Attestation?
- e) State exceptions to the Rule against Accumulation.
- f) Define Sale.
- g) What is an Easement? Explain Servient Heritage.
- h) What is Adjudication under Maharashtra Stamp Act, 1958?
Answer
The Transfer of Property Act does not define it. It only says what it is not.
Section 3: "'immoveable property' does not include standing timber, growing crops or grass."
The same section defines the phrase the definition turns on. "'Attached to the earth' means
(a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached."
So the positive content is borrowed from two other statutes.
- Section 3(26) of the General Clauses Act, 1897: immovable property "shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth".
- Section 2(6) of the Registration Act, 1908, which is the widest: it includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth, but not standing timber, growing crops nor grass.
Conclusion. Reading them together, immovable property means land, anything permanently attached to land, and every benefit arising out of land, such as a right of way, a right to fish, a right to collect rent, or a mortgage debt secured on land. The three exceptions, standing timber, growing crops and grass, are movable, because they are meant to be severed and used, not enjoyed where they stand.
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