LLB 3 Years Sem 3 Transfer Of Property Act And Easement Act May 2012 ToPA Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer In not more than two sentences: +
   • (a) actionable claim?
   • (b) Define Exchange under Transferjof Property?
   • (c) What are easements of necessity?
   • (d) What is dominant heritage?
   • (e) What is simple mortgage? (f} What is the difference between Actual Notice and Constructive Notice? a gift be revoked? Who is an heir apparent? Who can acquire an easement?
2. Q2 Write short notes on any four from the following: 20 marks
   • (b) Extinction of an casement (c} Doctrine of Part Performance {d) Condition precedent and subsequent
   • (e) Transfer by ostensible owner Right to redemption
3. Q3 Attempt any two from the following : - The farm of Sultanpur is the property of C worth Rs. 8 crores. A by an instrument of gift professes to transfer itto B, giving by the same instrument Rs. 9 crores to C {i) What are the rights of C under Transfer of Property In the above case, what happens if A dies before the election? 12 marks
   • (b) A husband entered his land in the revenue records in his wife’s name and went away on Pilgrimage. Before his departure he had allowed her to mortgage the land. After his departure she sold the land and the vendee paid off the mortgage What are the rights of the husband with regard to the land? {c} A takes a loan of Rs. 5 Lakhs from B under a mortgage by conditional sale. A fails to pay the amount to B
   • (i) Can B file a suit to sell the mortgage property (ii} Does B havea right for
4. Q4 Attempt any four of the following What is ‘Sale’. What the rights and liabilities of the buyer.and the seller 48 marks
   • (b) What is ‘Mortgage’. What are the different types of mortgages. Explain each in
   • (c) Whatis ‘Lease’. What are the rights and liabilities of a lessor and a
   • (d) Whatis an ‘Easement’. Explain different types of Easements
   • (e) Who is an ‘Ostensible Owner’? What the requirements for transfer by an ostensible (f} Whatis Transfer of Property? What property cannot be transferred under the Transfer of Property Act

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