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LLB 3 years Sem 6 Conflict of Laws Nov 2013 Question Paper with Solutions

Mumbai University Solved Question Papers

Conflict of Laws

Previous Year Question Paper with Solution

LLB 3 years · Sem 6

Nov 2013 Examination

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Mumbai

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First published on munotes.in on 24 October 2026.

Published by munotes.in, Mumbai.

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 Nov 2013 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2013 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 3 hours  ·  Total marks 100  ·  25 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.

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Q.1

Q.1: Answer the following questions in one or two sentences

20 Marks

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(a)What is meant by Lexsitus?[2]

Answer

Lex situs (also lex loci rei sitae) means the law of the place where the property is situated. It is a connecting factor of private international law.

What it governs. Rights in immovable property, such as land and buildings, are governed by the lex situs. That law decides:

  1. which interests can exist in the land;
  2. how those interests are created, transferred and ended;
  3. a person's capacity to transfer the land, and the form of the conveyance; and
  4. succession to the land on death.

Why. Land cannot move. It is permanently tied to its country, and only the courts and land registry of that country can give effect to title.

Indian law. Section 5(1) of the Indian Succession Act, 1925 says that succession to immovable property in India is regulated by Indian law, "wherever such person may have had his domicile at the time of his death". Movables follow the domicile at death instead (section 5(2)).

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It also classifies. The lex situs decides whether a thing is movable or immovable. In In re Hoyles, [1911] 1 Ch 179, a mortgage on land in Ontario was held to be immovable.

Conclusion. The lex situs is the law of the place where the property lies, and it governs land wherever its owner is domiciled.

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