EXAMINATION OF ARTICLED CLREKS PAPER III CONVEYANCING FRIDAY 2nd November, 2012 TIME: 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 the reasons for your advice/opinion although the reason may not specifically have 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 the question. If you dont know or dont remember the citations or authorities, avoid them. Figures in brackets alongside the questions indicate the marks for the corresponding question.

1. An Association of Apartment Owners have approached you stating that its members had purchased their Apartments more than 15 years back, but till

date the Owners and Developers have not conveyed the land and building to the Association. What would be your advice to the Association and what remedy would you suggest and before which Authority and under which law? (8)

2. Write short notes on any three of the following: a. Actionable Claim b. Lis Pendence Notice c. Doctrine of part performance d. Root of title e. Ostensible Owner 3. Distinguish between any four of the following: a. Gift and Release b. English Mortgage and Equitable Mortgage c. Lease and License d. Probate and Letters of Administration e. Agreement for Sale and Conveyance f. Privileged and Unprivileged Wills

(12)

(12)

4. Draft any four of the following assuming names and facts where necessary: a. b. c. d. e. f. (16) Public Notice Arbitration Clause in a Deed of Partnership Declaration of Surrender of Tenancy Memorandum Recording Equitable Mortgage Deed of Rectification Any two Covenants from a Deed of Assignment

5. What are the provisions regarding execution of a Specific Power of Attorney under the Registration Act? Draft such a Specific Power of Attorney. (12)

6. A Developer approaches you and instructs you to act as his Solicitor in a transaction for cluster redevelopment project of old tenanted buildings in South 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 Documents under the Bombay Stamp Act, 1958. (8) 8. Mr. and Mrs. X approach you with a request to make mutual Will appointing each other as Executor/Executrix therein and inter alia containing provisions for each others benefit and in case of either of them predeceasing the other, to their 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 in any four of the following cases : (12) (a) M/s. Rosy Developers constructed a building a Vakola Andheri and sold flats to some flat purchasers. Some vacant flats were retained by the Developers for sale at a later stage. After the flat purchasers started occupying 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 surviving three sons and three daughters as his legal heirs. During his lifetime, MR had paid for the marriage expenses of his three daughters and in consideration thereof, declarations were executed by each daughter of MR that they would not claim any rights in his properties and the same would stand released and relinquished in favour of her brothers. MR had also helped his three sons to settle in life. The youngest son of MR stayed with him even after his marriage, but the other two sons of MR moved out from

the family house, soon after their marriage. MR used to get Deeds of Relinquishment executed by his sons who moved out for some consideration paid to each of them, whereby each of them relinquished their respective claims to the properties belonging to MR. Only the youngest son staying with MR had not relinquished his share and had not executed any deed. After the demise of MR, the other children of MR claimed their rights in MRs properties claiming that they have a share in his properties by succession. (c) A client from New Delhi has retained you for a transaction of purchase of an immoveable property in Mumbai, the title of which in not clear and marketable. The client instructs you to prepare documents in such a manner that he does not have to pay any stamp duty or registration charges stating that this is a general practice adopted by Advocates in New Delhi. (d) Mr. Jeejeebhoy had leased a flat jointly to Mr. Cama and Mr. Bhathena. Subsequently, Mr. Jeejeebhoy offered to transfer his reversionary rights in the flat to the lessees on ownership basis, but only Mr. Cama agreed to purchase the reversionary rights and became sole owner of the flat. Thereafter, they stopped paying any rent to Mr.Jeejeebhoy. Mr. Bhathena was a bachelor and continued to stay with his friend Mr. Cama as a gratuitous licensee for his life. After his demise, his heirs came to claim rights in the flat. (e) Husain Shaikh filed a suit for possession against his brother Amjad Shaikh contending that his father had gifted the suit property to him during his lifetime and had on the same day delivered possession of the suit property to him and that his father had contemporaneously executed a Deed by which the property was transferred to him, which he described as a Deed of Partition, but the same was not registered. He contended that his brother had forcibly dispossessed him claiming rights in the property as an heir denying the gift and partition.