Mumbai University Solved Question Papers
Transfer of Property Act and Easement Act
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Jan 2024 - 60/40 Examination
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LLB 3 years Sem 3 Transfer of Property Act and Easement Act Jan 2024 - 60/40 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 Jan 2024 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Jan 2024 - 60/40 examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Jan 2024 - 60/40 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 · 4 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.
a)Answer any six of the following in one or two sentences.[2]
- a) What is the effect of transfer made by an ostensible owner?
- b) What can be given as Consideration in Lease Agreements?
- c) State the effect of gift of existing and future property.
- d) Define the term 'Discontinuous Easement' and give an illustration.
- e) State the legal formalities for Mortgage of Immovable Property.
- f) Explain the term "Actionable Claim"
- g) Explain the provision with respect to transfer by unauthorized person who subsequently acquires interest in the property transferred.
- h) What is the effect of creating a contingent interest?
- i) State any two ways by which easement rights can be acquired
- j) What is meant by Right of Subrogation?
Answer
Section 41 states the effect: "Where, with the consent, express or implied, of the persons interested in immoveable property, a person is the ostensible owner of such property and transfers the same 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."
So the effect is that the real owner cannot upset the transfer. The purchaser keeps the property, and the owner is left to his personal remedies against the ostensible owner, for the price received or for damages.
But only if the proviso is satisfied. The burden is on the transferee to prove that he took reasonable care to check the transferor's power and acted in good faith. If he did not, section 41 gives him nothing, the ordinary rule that no one can give a better title than he has applies, and the real owner recovers the property.
Conclusion. Section 41 is an exception to nemo dat quod non habet, resting on the equity that where one of two innocent people must suffer, the loss falls on the one who created the false appearance: Ramcoomar Koondoo v. John and Maria McQueen (1872) 11 Beng LR 46.
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