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Paper III Conveyance

Paper III Conveyance

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Published by legallyindia
Past Bombay Solicitors papers by the Bombay Incorporate Law Society (BILS), via http://www.legallyindia.com
Past Bombay Solicitors papers by the Bombay Incorporate Law Society (BILS), via http://www.legallyindia.com

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Categories:Types, Business/Law
Published by: legallyindia on Oct 15, 2013
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10/19/2013

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EXAMINATION OF ARTICLED CLREKS
PAPER III
CONVEYANCING
FRIDAY 2
nd
November, 2012TIME: 3 HOURS (1.00 PM TO 4.00 PM)(Total Marks 100)
 NOTES 
 Please read the entire question carefully before replying.
 Please write neat, legible and clean handwriting.
 Please do not reproduce questions.
 Answer shall be evaluated for analytical approach, reasoning and clarity of thought and not only for its accuracy.
 Please answer briefly and to the point. Length is immaterial.
 If any question seeks your advice or opinion, please correctly state thereasons for your advice/opinion although the reason may not specificallyhave been sought.
Quote sections, statutes and citations in full (not just year or names of  parties) to support your answer even if specifically not mentioned in thequestion. If you don’t know or don’t remember the citations or authorities,avoid them.
 Figures in brackets alongside the questions indicate the marks for thecorresponding question.
1.An Association of Apartment Owners have approached you stating that itsmembers had purchased their Apartments more than 15 years back, but till
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date the Owners and Developers have not conveyed the land and building tothe Association. What would be your advice to the Association and whatremedy would you suggest and before which Authority and under which law? 
(8)
2.Write short notes on any
three
of the following:
(12)
a.Actionable Claim b.Lis Pendence Noticec.Doctrine of part performanced.Root of titlee.Ostensible Owne3.Distinguish between any
four
of the following:
(12)
a.Gift and Release b.English Mortgage and Equitable Mortgagec.Lease and Licensed.Probate and Letters of Administratione.Agreement for Sale and Conveyancef.Privileged and Unprivileged Wills4.Draft any
four
of the following assuming names and facts where necessary: 
(16)
a.Public Notice b.Arbitration Clause in a Deed of Partnershipc.Declaration of Surrender of Tenancyd.Memorandum Recording Equitable Mortgagee.Deed of Rectificationf.Any two Covenants from a Deed of Assignment5.What are the provisions regarding execution of a Specific Power of Attorneyunder the Registration Act? Draft such a Specific Power of Attorney.
(12)
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6.A Developer approaches you and instructs you to act as his Solicitor in atransaction for cluster redevelopment project of old tenanted buildings inSouth Mumbai. What will be your advice to the Developer and what steps and precautions will you take and which documents will you draft and prepare? 
(8)
7.Briefly discuss the provisions of Adjudication and Impounding of Documentsunder the Bombay Stamp Act, 1958.
(8)
8.Mr. and Mrs. X approach you with a request to make mutual Will appointingeach other as Executor/Executrix therein and inter alia containing provisionsfor each other’s benefit and in case of either of them predeceasing the other, totheir two children in equal proportion. Draft a Will for them.
(12)
9.Read the facts of each case below and give your valuable advice/opinion inany
four
of the following cases :
(12)
(a)M/s. Rosy Developers constructed a building a Vakola Andheri and soldflats to some flat purchasers. Some vacant flats were retained by theDevelopers for sale at a later stage. After the flat purchasers startedoccupying their flats, they started parking their cars in the open and stilt parking spaces in the building, which the Developers had retained for sale.The Developers approached the Court to restrain the flat purchasers from parking their cars.(b)Mia Rehman (MR), a Mohammedan, died leaving behind him survivingthree sons and three daughters as his legal heirs. During his lifetime, MR had paid for the marriage expenses of his three daughters and inconsideration thereof, declarations were executed by each daughter of MR that they would not claim any rights in his properties and the same wouldstand released and relinquished in favour of her brothers. MR had alsohelped his three sons to settle in life. The youngest son of MR stayed withhim even after his marriage, but the other two sons of MR moved out from
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