LLB 3 Years Sem 3 Transfer Of Property Act And Easement Act June 2023 TOPA Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer the following in not more than one or two sentences, any six 12 Marks

1. Q1 What is customary easement?
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2. Q2 What is an oral transfer?
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3. Q3 Define 'instrument'.
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4. Q4 Define 'movable property'.
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5. Q5 Explain the term License.
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6. Q6 State any two ways by which easement gets extinguished.
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7. Q7 What is easement of necessity?
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8. Q8 What is subrogation?
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9. Q9 What is attestation?
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10. Q10 What is Lis Pendens?
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SECTION II - Write short notes on any two of the following 12 Marks

1. Q11 Doctrine of Election
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2. Q12 Fraudulent transfer
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3. Q13 Vested Interest
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4. Q14 Easement by prescription
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SECTION III - Answer any two of the following situational problems with reasons 12 Marks

1. Q15 Atul gifts his entire movable and immovable property to Shankar. There are some government dues pending on the gift.
   • i. Is this gift valid.
   • ii. What is Shankar's rights and responsibilities in the given the situation.
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2. Q16 Shree wants some loan and hence mortgages his property to Raj. The arrangement between Shree and Raj is that the possession of the property will be given to Raj and Raj can recover from the rents.
   • (1) What kind of mortgage is it?
   • (2) What is right of Shree once the loan amount is repaid
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3. Q17 Rishi lives on the first floor of Sky apartments. Vijay stays on the 10th floor. They wish to exchange their house.
   • i. Is this transaction of exchange valid.
   • ii. What are the rights of Rishi under exchange.
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4. Q18 Kiran has three children A B and C. She gifts her property to the eldest child A and after his life to B and then to unborn child of C.
   • i. Is the transfer of property made by Kiran valid?
   • ii. Discuss the rules related to the transfer of property to an unborn chid
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SECTION IV - Answer any two of the following in detail 24 Marks

1. Q19 Define lease. Explain the rights and liabilities of the lessor and lessee.
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2. Q20 Explain the law on conditional transfers.
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3. Q21 Explain various ways of acquisition of Easement under the Indian Easement Act.
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4. Q22 Who is an ostensible owner? Can he transfer the property as an ostensible owner? Explain citing relevant case laws.
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