LLB 3 Years Sem 3 Transfer Of Property Act And Easement Act April 2024 ToPA 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• Note: 1. All questions are compulsory 2. Figures to the right indicate full marks

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

1. Q1 What is "vested interest"?
   Read the model answer
2. Q2 What is "Constructive notice"?
   Read the model answer
3. Q3 What is meant by "instrument"?
   Read the model answer
4. Q4 What does "attested" mean?
   Read the model answer
5. Q5 Who may impose easement?
   Read the model answer
6. Q6 Who is competent to transfer?
   Read the model answer
7. Q7 Define charge
   Read the model answer
8. Q8 Define Mortgage
   Read the model answer
9. Q9 What is Profit A Prendre
   Read the model answer
10. Q10 Who is a "universal donee"?
    Read the model answer

SECTION II - Write Short Notes, any two 12 Marks

1. Q11 Rule against Perpetuity
   Read the model answer
2. Q12 Part Performance
   Read the model answer
3. Q13 Ostensible Owner
   Read the model answer
4. Q14 Extinction of Easement
   Read the model answer

SECTION III - Attempt Situational Problems, any two 12 Marks

1. Q15 "A" transfers property to his wife, but in case she should die in his life time, transfers to "B" that which he had transferred to her.
   • (i) What if A & B perish together?
   • (ii) Is a conditional transfer allowed in law?
   Read the model answer
2. Q16 "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 mortgaged property?
   • (ii) Does 'B' have a right to foreclosure?
   Read the model answer
3. Q17 A and B have a daughter C. C released her right of inheritance in A's property in favour of D for consideration. Thereafter A dies.
   • (i) Can D resist C's claim to her share in A's property? Why?
   • (ii) Explain the principle involved.
   Read the model answer
4. Q18 'A' is an owner of a flat in Mumbai, who left behind his wife and child and went to Dubai and was not heard of for 5 years. The wife mortgaged the flat for 5O Lakhs to C.
   • (i) Is the Mortgage valid?
   • (ii) What are the rights of c in case A does not return after 7 years?
   Read the model answer

SECTION IV - Answer the following, any two 24 Marks

1. Q19 What is an Exchange? What are the rights & liabilities of the parties to an Exchange?
   Read the model answer
2. Q20 What are the characteristics of a Lease? Discuss the rights and liabilities of the lessor and the lessee.
   Read the model answer
3. Q21 What is Easement and What are the different types of Easements under the Indian Easement Act, 1882?
   Read the model answer
4. Q22 What is Redemption? Who can redeem a mortgage besides the Mortgagor?
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.