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Law of Property
Long Questions & Answers
1Q. Explain the term transfer of property and its essential requisites,
what properties cannot be transferred ?
Ans. The term transfer of property have been explained u/s 5 of T.P act. It has
been given broad meaning under T.P act. Transfer of property means creation
of interest of other person or persons in immovable property. Transfer of
property includes Sale, Mortgage, Lease, Gift , Exchange and actionable claim.
Partition of joint family is also called s transfer of property.
5. All terms and conditions agreed by and between the parties have to
be mentioned.
Law Students Federation – Law of Property Study Material (III Semester) – Dec, 2016.
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7. Any immovable property which is above 100rs have to be registered
5. Right to Sue:- There is right to sue in the court which can be enjoyed by
relevant party and it cannot be transferred relevant party can give power
of attorney which is authority gives to other party to perceive a case.
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
6. Inami Land:- It is gifted land given during period of Britishers. Inami
land can be used and enjoyed by the heirs but it cannot be transferred.
7. Jagir Land:- During period of kings gifted land was given as a jagir land
and it cannot be transferred. It can be enjoyed by generation to
generation and they are called as jagirdar.
9. Public Land or Office:- There are public offices, Institutes or land which
cannot be transferred such as railway station, bus stand, airport,
police station. Government can take policy decisions about such land.
This detail about the term transfer of property and the property
which cannot be transferred.
There is no name to the child and transfer cannot be done without name.
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2. Transfer of Dear Person:- No property can be transferred in name of dead
person. There is no existence of dead person and transfer is prohibited . if
transfer has been done after that there is death of transferee then also
transfer is valid. A transfer cannot be valid if transferee is no more or
dead on the date and time of transfer.
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
4. Partition of joint family property can be done at any time and this
rule does not apply.
5. This rule does not apply in case of ‘Pre-emption’ meaning of this term is
property to be sold to person having blood relationship or to
neighbours. And after that if they are not ready then to third party.
This is detail about rule against Perpetuity and relevant exceptions in Transfer
of Property Act.
3Q. Define Mortgage and its kinds ? what are the rights of mortgage
and mortgagee ?
Eg : ‘A’ gives security of his house in a bank and borrow 1 lakh rupees loan in
this transfer ‘A’ is mortgage and bank is mortgagee detail of mortgage is form
Sec 58-100 of Transfer of property act 1882.
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7. Document have to be registered.
Kinds of Mortgage:
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
Eg : A farmer has taken 1 lakh rupees loan and for adjustment of loan
amount he gave possession of agricultural land for cultivation to
mortgagee for 1 year period. Mortgage can get income from the land
and adjust his loan amount.
Rights of Mortgagor:-
Rights of Mortgagee:-
3. Mortgagor have right of lean over the documents till repayment of loan
amount.
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This is detail about mortgage its kinds and rights of mortgagor
and mortgagee in Transfer of property act.
4Q. Explain the term ‘Lease’ and its requisites what are rights and liabilities
of lessor and lesee and various grounds of termination of lease?
Eg : ‘A’ transfer his shop to ‘B’ for 5 yrs period on 10,000rs rent. This is called
as lease in which ‘A’ is lesser and ‘B’ is lessee.
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
Rights of Lesser:-
7. There is right of lesser to issue the notice after expiry of lease period
to vacate lease property.
9. Lesser have right to file a suit for eviction against the lease and also
claim damages after expiry of lease period.
Rights of Lessee:-
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4. There is right of lessee sublease complete or part of the property to any
other party unless contrary terms are mentioned in the agreement.
Following are the grounds on which lease can be terminated by either party
or by order of the court:-
1. When there is expiry of the lease period then lesser can issue notice to
lessee to vacate the lease premises because of the lease is done by
execution of fresh lease deed, which is discretionary power of the lesser.
3. When lessee makes default to pay the rent for 8months or more period.
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
5Q. What do you mean by gift and essential requisites and kinds of gift
and what grounds gift can be revoked?
Kinds of Gifts:-
1. Valid Gift.
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2. Conditional Gift.
3. Onerous Gift.
Eg : Father make a gift of a house to daughter and statet that she should
perform marriage in one year period this conditional gift. And the
condition is marriage within 1 yr period from date of execution of gift
deed. If she fails to fulfil the condition then father can revoke the gift.
There fore validity of such gift is depend on fulfilment of the condition.
Gift cannot be valid if condition is impossible or immoral. Such as father
impose condition that daughter have to perform marriage with ‘X’ who is
already dead, if ‘A’ mentions that ‘B’ should live in adultery with him
then this immoral condition and gift cannot be valid.
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
Revocation or Termination of Gift:-
Following are the grounds on which either Donar or his heirs or by other of
the court gift can be revoked or terminated :-
3. When it is conditional gift and donee has not fulfilled the condition.
This is detail about gift, requisites of valid gift, kinds of gift, grounds
or revocation gift from Sec 122-127 of Transfer or property act.
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1. Written Transfer:- This transfer is in writing and description of
property is given in the document.
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
Kinds of Condition:- There are 2 kinds of condition as follows:
1. Condition Precedent
2. Condition Subsequent.
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Vested Transfer Contingent Transfer
In this transfer there is In this transfer there is a
1 no condition. condition.
In this transfer there are
unlimited rights in the In this transfer there are
2 property. limited rights to transferee.
Transferee cannot retransfer
Transferee can the property till fulfilment of
3 retransfer the property. Condition.
This transfer cannot be This transfer can be revoked if
4 revoked. condition is not fulfilled.
Contingent transfer can be
Vested transfer cannot vested transfer. After
5 be contingent transfer. fulfilment of condition.
2. Will to be made by the person who has legal authority to execute the will.
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
5. There should be attestation of 2 persons on the will.
9. During life period there is right of testator to with draw or alter the
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7. Duplicate Will:- In this will 2 or more copies of the same will is in the
house and in possession of reliable persons. If one will is destroyed
then other will is effective.
8. Privileged Will:- This will is written as death bed by the testator when
there is possibility of death. He makes oral statements and another
person takes into writing. It should be attested by 2 or more witnesses in
making this will medical expert have to certify that his mental condition
is normal then only will is valid.
Revocation of Will:
A will can be revoked by testator during his life period or by the heirs who
can challenge the will in court on reasonable grounds and court can order
that the will is invalid. These grounds are as follows:
1. When testator change his mind then he can withdraw the will
or substitute other will.
4. When testator have no right to make the will or property is under dispute.
This is detail about will, kinds of will, grounds of will under Indian succession
act 1925.
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
8Q. Define ‘Easement’ and its kinds and methods of acquisition and loss
of easement under easement act?
2. By Use:- When any immovable property is used by the people for 20yrs or
more period then it is easement right of the people. This right cannot be
deprived after 20yrs. Otherwise people can take remedy of injunction. In
case of public property period is 60yrs. Any use of property which is public
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nuisance cannot be protected under easement act public nuisance
cannot be legalised.
Eg: Right of the priest of the temple to take income from agricultural
land in name of temple is customary easement.
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
Eg : People carry water from the nearest agricultural well of a private
owner. Government made arrangement to supply water by tap there
is termination of easement.
Eg : ‘A’ is owner of a plot and people park there vehicles on the plot later
on owner constructed a building on his plot there is no right of people to
park the vehicles because owner have done alternation in the property.
4. By Order of the Court:- When anybody have occupied the land or using
the land illegally owner filled a case and after no of years court passed
the order in favour of owner. Easement right of possessor is terminated
because of order of the court.
Eg: ‘A’ have occupied the plot illegally belonging to ‘B’ later on ‘B’ filed
a case against ‘A’ for eviction of the plot and court gave judgement and
ordered possessor to vacate the plot. Any easement right of possessor
is terminated because of order of the court.
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Short Questions & Answers
1Q. Doctrine of Election?
Ans. Election means to chose one thing among the two. Doctrine of election
have been specified u/s 35 of Transfer of property act. When there are co
owners of same property then one of the owner have also right to sell the
property. Other co owner have right of election he can make payment of sale
price to the buyer and take back his property. If he is not interested in the
property then he can claim his share in the amount. Therefore election
includes either claim the share in the amount or claim the property. He cannot
claim amount as well as property.
Eg : ‘A’ and ‘B’ are co owners of a plot. ‘A’ sells the plot to ‘X’ for 1 lakh rupees
in such case doctrine of election is applicable for ‘B’. He can make repayment of
1 lakh rupees to the buyer and claim back his plot. He can also claim his share
of 50,000 thousand rupees in the price of the plot.
1. Movable property
2. Immovable property
3. Intellectual property
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
1. Movable Property:- It is not attached or fixed and it can be shifted from
place to place when property is transferred then transferee have no
right over movable property.
Ans. Ostensible owner means just like owner recognised under law u/s 41 of
Transfer of property act. The right of ostensible owner to transfer the
property by sale, mortgage, lease or any other method. This is the transfer of
ownership without having full rights or absolute rights to the transferor.
Eg : Directors of the company are ostensible owners and not absolute owners
of the property of the company under T.P act directors of the company have
ostensible right to transfer property of the company.
Eg: Trustees have right to transfer trust property because they are
ostensible owners.
Ans. It means any transfer of property done with intention to commit fraud or
to decide the transferee detail of fraudulent transfer have been given u/s 53 of
T.P act. There is power of the court to declare fraudulent transfer as invalid or
voidable and order the seller to refund the amount taken from buyer with
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damages. Fraudulent transfer is also crime under IPC.
Eg : ‘A’ is not owner of a plot but he pretends as owner and sell the plot to ‘B’
it is fraudulent transfer done by ‘A’ to ‘B’
Eg : ‘A’ declared himself as insolvent in order to avoid claim of creditors and
attachment of property he sells it to others. This is fraudulent transfer done
by ‘A’ with intention to make default and court can declare it as invalid and
ineffective.
Ans. Part performance means payment done partly and not completely. Part
performance have also legal validity. Sec 53a have been added by amendment
to encourage settlement. In part performance there is transaction of property
and stamp duty is not paid according to valuation of the property.
Government can collect stamp duty after valuation with in 3yrs period. Part
performance is also valid transfer and it cannot be revoked.
Eg : ‘A’ sold flat to ‘B’ for 10 lakh rupees buyer have done registration of the flat
for 5 lakh rupees. It is part performance of stamp duty government authorities
can make valuation of the property with in 3yrs period and issue notice to buyer
to pay the stamp duty according to valuation and the transfer is valid. If buyer
makes default to pay the stamp duty then government have right to increase
the value of property which buyer purchased by 20% and buy the property.
Transfer cannot be declared invalid even though there is part performance of
stamp duty. Eg : ‘A’ have mortgage his plot and borrowed 5 lakh rupees loan
from bank he is unable to repay loan amount and bank makes settlement and
accept 4 lakh rupees for settlement of the loan. This part performance is valid
and bank cannot recover 1 lakh rupees loan amount afterwards.
Ans. The term agreement to sale and the sale have been defined u/s 54 of the
transfer of property act. Following are the points of difference between sale
and agreement to sale.
Agreement Sale
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
1 In agreement to sale all 1 In sale all formalities
formalities are not completed. are completed.
Eg: A mortgaged his house and borrowed 5 lakh rupees loan in a bank and again
he mortgaged his shop and borrowed 2 lakh rupees loan and also mortgaged his
plot and borrowed 1 lakh rupees loan. According to marshalling A have right of
redemption of any property by repayment of respective loan amount.
Eg : A mortgaged his house for 10 lakh rupees loan B,C & D made adjustment of
loan amount B gave 5 lakh rupees loan, C gave 2 lakh and D gave 3 lakh rupees
loan when they get interest from the mortgagor then every mortgagee can
claim interest in proportion called as contribution.
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Therefore marshalling is the right of mortgagor and contribution is the right
of mortgagee.
Ans. Actionable claim is also relating to loan transaction. It is such claim which
is burden on whole property of the debtor. It is such claim which is burden on
whole property of the debtor. In mortgage loan is taken only on particular
immovable property by giving its security and in pledge. There is security of
movable property. In actionable claim there is security of whole property.
Therefore actionable claim there is security of whole property. Therefore
actionable claim is better security for creditor and greater risk for debtor.
Actionable claim includes following points:-
6. Creditor can obtain decree for recovery of loan amount and attach
property partly or completely till he recovers complete loan amount.
Ans. Charges means burden on the property even though there is no contract
between parties. When any property is transferred by sale but there is some
charge on the property then it is liability of new buyer to make payment. When
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
there is charge on property then relevant party or department can make
recovery from the new owner even though he has not done any transaction.
Eg : ‘A’ have borrowed 1 lakh rupees loan by giving security of his house from
‘X’ without repayment of loan amount he has sold house to ‘B’. There are legal
right of ‘X’ to recovers loan amount from ‘B’ even though he has not given loan
to him. Because it is charge on property.
Eg : ‘A’ is owner of a house and he did not pay electricity bill, water bill,
municipal tax for several years and sold house to ‘B’ all these department
have right to recover arrears of tax’s or bills from the transferee or new
owner. Because it is charge on property.
Ans. Codicil means supplement to ‘Will’ codicil is also having legal validity.
When any testator have written a will and property given to heirs is mentioned
in the will then codicil is applicable for his subsequent acquisition additional
movable or immovable property then he can execute codicil. In codicil or
supplement to will he mentions detail about subsequent property to be given to
the heirs. It is in continuation to earlier will. After death of testator main will
and codicil both are enforceable.
Eg: ‘X’ and ‘Y’ have filled a case relating to a plot which is pending in the
court. According to doctrine of Lis-penders ‘X’ or ‘Y’ have no right to transfer
the plot during pendency or proceedings in the court.
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If ‘X’ transfer the plot and judgement goes in favour of ‘Y’ then again buyer
may file cases against the transferor. Because there is municipality of litigation
‘Lis-Penders’ does not apply in following circumstances.
1. When case has not been filed in the court having Jurisdiction.
2. When case has been filed but it has been withdrawn by the party.
3. When case has been decided by the court and appeal has not been filed
by opposite party if appeal is filed then also lis-penders is applicable
because is pending in appellate court.
Ans. When anybody transfer the property without having absolute right but
subsequently he acquires absolute right in same property. Then he cannot
revoke earlier transfer according to Doctrine of Feeding Grant by Estopple.
Eg : ‘A’, ‘B’, ‘C’ are heirs in a joint family property. ‘A’ sells part of the property
in anticipation that he may get same property when there is partition of family
property. After partition he gets same property in succession then he cannot
revoke earlier transfer and estopple is applicable against the transfer.
If share of that property goes to other person then this rule does not apply
and buyer can challenge the transfer and court may declare it as invalid
and order the seller to refund the amount taken from buyer with damages.
This point was held in a leading case Jamuna Prasad v/s Mohandas.
Plaintiff sold 5 acres of land when he was in joint family and there was no
partition of the property. When there was partition of the property he got
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LL.B. (3-YDC) Second Year, III Semester, Regular. Paper – II Law of Property
same land as heirs of the family, he filed petition against buyer in the court
to revoke to transfer on the ground that he was not owner when sold the
land court dismissed the petition by applying the rule of ‘Doctrine of Feeding
Grant by Estopple’ and declared sale as Valid transaction.
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***All the Best**
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