MCQs on Transfer of Property Act (With

Answers)
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Multiple Choice Questions (MCQs) and answers on Transfer of Property Act

especially compiled for law students!

1. Under the provisions of the Transfer of Property Act, 1882, the

seller is duty bound to disclose:

A. Patent defects in the property

B. Latent defects in the property

C. both A and B

D. neither A nor B

Ans. B

2. Under the provisions of the Transfer of the Property Act, 1882,

the benefits of a contract can be assigned as an actionable claim and
transferred unless:

A. The contract is one which had been induced by personal qualifications or

considerations as to the parties to it
B. The benefit is coupled with an obligation which the assignor is bound to
discharge

C. either A or B

D. neither A nor B

Ans. C

3. Under the Transfer of Property Act, 1882, vested interest is

__________.

A. Defeated by the death of the transferor

B. Defeated by the death of the transferee

C. either or both A and B

D. neither A nor B

Ans. D

4. What is the default interest payable under section 63 and 63 A of

the Transfer of Property Act, 1882?

A. 8% per annum

B. 9% per annum

C. 10% per annum

D. Interest rate is not mentioned in the sections

Ans. B

5. Where the mortgage is illegal for want of registration but the

mortgagee continues in possession of the mortgaged property, a
valid mortgage comes in existence after the expiry of:
A. 5 years

B. 10 years

C. 12 years

D. 20 years

Ans. C

6. Which e following is the right of mortgager to redeem as

conferred by the Transfer of Property Act, 1882?

A. Right to demand that the mortgagee at his cost, should transfer the
mortgaged property to any such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the
mortgaged property to the mortgagor

C. either A or B

D. neither A nor B

Ans. D

7. Which of the following is not valid consideration for establishing

a lease:
A. Rent partly in money and partly in kind

B. A stipulation to pay government assessment or taxes payable by the lessor

C. a personal agreement by a tenant to pay a certain sum or a certain quantity

in kind to the landlord

D. None of these

Ans. C

8. Which of the following are valid illustrations of an anamolous

mortgage?

A. A possessory mortgage without a conditional sale

B. A possessory mortgage with a right to cause the mortgaged property to sale

in the event of default in payment

C. both A and B

D. neither A nor B

Ans. B

9. Which of the following can be considered implied surrender of

the lease?
A. Non acceptance of a new lease taking effect during the continuance of the
existing lease

B. Abandonment of possession by the lessee

C. A surrender by one of the two joint lessee’s, implied surrender on the part of
second lessee

D. None of these

Ans. B

10. Which of the following can be transferred under the provisions

of the Transfer of Property Act, 1882?

A. The right to mesne profits

B. A decree for mesne profits

C. A transfer of property to a prostitute for future cohabitation

D. A sub-lease of a farm for the retail sale of opium

Ans. B

11. Which of the following contracts are implied in case of

mortgages under the Transfer of Property Act, 1882?

A. That the mortgagee will pay all public charges accruing due in respect of the
property
B. Where the property mortgaged is lease property, and mortgagee renews the
lease, the mortgagee has the right to continue enjoying the property until the
lease runs out

C. both A and B

D. neither A nor B

Ans. D

12. Which of the following instruments have been excluded by the

application of section 137 of the Transfer of Property Act, 1882?

A. Shares

B. Bills of Exchange

C. both A and B

D. neither A nor B

Ans. C

13. Which of the following is a valid example of a vested interest as

defined by the Transfer of Property Act, 1882?
A. B a deceased, in his will leaves a residential property to C, to be transferred
on the death of B’s daughter-in- law

B. B a deceased, in his will left Rs.65,000 to A, to be paid on A’s 50th birthday

C. both A and B

D. Neither A nor B

Ans. A

14. Which of the following is a valid example of contingent interest

as defined by the Transfer of Property Act, 1882?

A. B gifted his property to his daughter-in-law, with a condition that the

possession of the property will transfer to her only after B’s death

B. B made a gift of Rs.15,000 to A, deposited in an account to be transferred to

A when he attains age of majority

C. both A and B

D. neither A nor B

Ans. B
15. Which of the following is nearest to meaning of the phrase
‘English mortgaged’ as defined by the Transfer of Property Act,
1882?

A. Where on payment of certain sum by the mortgagee the property passes to

him

B. Where there are two sales made, one at the start of mortgage with the
condition that after the mortgage amount is paid back, the property will sold
back

C. Where the mortgagee gets the possession of the property with the rights of
profits, rents etc.

D. Where the mortgage is made by submitting the title deed

Ans. B

16. Which of the following is the definition of the term ‘Exchange’ as

given under the Transfer of Property Act, 1882?

A. When two or more persons mutually transfer the ownership of one thing for
the ownership of another, neither thing or both things being money only

B. When two persons mutually transfer the ownership of one thing for the
ownership of another, either thing or both things being money only
C. When two or more persons mutually transfer the ownership of one thing for
the ownership of another, either thing or both things being money only

D. When two persons mutually transfer the ownership of one thing for the
ownership of another, neither thing or both things being money only

Ans. D

17. Which of the following is the presumption made for lease under
the Transfer of Property Act, 1882, unless a contract or local usage
states otherwise?

A. The lease of immovable property for agriculture will be assumed to be for a

period of three years

B. The lease of immovable property for purpose other than agriculture and
manufacturing will be deemed to be for a period of one month

C. both A and B

D. neither A nor B

Ans. B

18. Which of the following is the time limit given under Section 17 of
the Transfer of Property Act, 1882?
A. Life of the transferee

B. A period of 18 years from the date of transfer

C. either A or B whichever is longer

D. neither A nor B

Ans. B

19. Which of the following is true regarding the ‘right of

subrogation’ as defined under the Transfer of Property Act, 1882?

A. Any person redeeming the property under provisions of section 91 of the Act,
has the same rights as the mortgagor against the mortgagee

B. Any person redeeming the property under provisions of section 91 of the Act,
has the same right as the mortgagee against the mortgagor

C. either A or B depending on the facts of the case

D. neither A nor B

Ans. A

20. Which of the following is valid gift under the Transfer of

Property Act, 1882?
A. A gift of interest in a house to a donee by a donor, allowing him to stay in it
as long as he pays maintenance charges of Rs.30,000 per month to the donor.
The rental value of the property is Rs.26,000

B. A gift of land by donor to a done, in return of a stone necklace worth

Rs.3,000. The value of land being Rs.33,000

C. A gift of single rose valued at Rs.3 to a donee, in return of the donee being a
considerate person

D. All of these

Ans. C

21. Which of the following properties can be transferred under the

Transfer of Property Act, 1882?

A. Salary of a public officer

B. Right to sue

C. both A and B

D. neither A nor B

Ans. D

22. Which of the following propositions for distinguishing between

a lease and a licence were made by Justice J Subba Rao in
Associated Hotels of India v. RN Kapoor?

A. To ascertain whether a document creates a lease or a licence, the form of the

document must be preferred to its substance

B. The real test is the intention of the parties, whether they intended to create a
lease or a licence
C. If the document creates an interest in the property, it is a licence; but, if it
only permits another to make use of the property, of which legal possession
continues with the owner, it is a lease

D. both A and B

Ans. B

23. Which of the following section of the Transfer of Property Act,

1882 deal with the appointment of a receiver?

A. Section 68

B. Section 68A

C. Section 69

D. Section 69A

Ans. D

24. Which of the following sections of the provisions of the Transfer

of Property Act, 1882 deals with relief against forfeiture for the non-
payment of rent?

A. Section 114

B. Section 114A

C. Section 113

D. Section 113A

Ans. A

25. Which of the following sections of the Transfer of Property Act,

1882 do not apply to persons governed by Muhammadan law?
A. Section 55

B. Section 11

C. both A and B

D. neither A nor B

Ans. B

26. Which of the following sections of the Transfer of Property Act,

1882 were repealed by the Transfer of Property (Amendment) Act
1929?

A. Section 74

B. Section 75

C. both A and B

D. neither A nor B

Ans. C

27. Which of the following statements are true regarding rights and
liabilities of a lessor under the Transfer of Property Act, 1882?

A. The lessee is bound on the lessor’s request to put him in possession of the
property

B. The lessor is bound to pay or tender, at the proper time and place, the
premium or rent to the lessee or his agent in this behalf

C. Lessee must not without permission erect on the property any permanent
structure, except for agricultural purpose
D. Lessee must not without permission erect on the property any temporary or
permanent structure, except for agricultural purpose

Ans. C

28. Which of the following statements hold true regarding receiver

under the provisions of the Transfer of Property Act, 1882?

A. A person paying money to the receiver must make sure that the appointment
of receiver is valid

B. The receiver can use the insurance money received, subject to other
provisions of the Transfer of Property Act, 1882, for the payment of interest
falling due under the mortgage, if so directed in writing by the mortgagee

C. The receiver can use the insurance money received, subject to other
provisions of the Transfer of Property Act, 1882, for the payment of principle
money, if so directed in writing by the mortgagee

D. None of these

Ans. C

29. Which of the following statements is true regarding definitions

given under the Transfer of Property Act, 1882?

A. Term ‘instrument’ means both testamentary and non- testamentary

instrument

B. Term ‘actionable claims’ include debt secured by mortgage on the residential

house

C. The term ‘attached to earth’ will not means trees and shrubs

D. The term ‘attested’ means attested by two or more witness

Ans. D
30. Which of the following statements is true regarding suit for
redemption of mortgaged property under the Transfer of Property
Act, 1882?

A. Only mortgagor can bring the suit

B. Any creditor of the mortgagor who has obtained a decree, can bring the suit

C. Any creditor irrespective of decree for the same, can bring the suit

D. Any surety for the payment of the mortgage debt, can bring the suit

Ans. D

31. Based on court rulings in India which of the following activities

will qualify for the purpose of provisions of section 18 of the
Transfer of Property Act, 1882?

A. A gift for maintenance of property for the benefit of distinguished visitors to

neighbourhood

B. A permanent bequest by a Parsi for the performance of muktad ceremonies

C. A gift for dharma

D. A gift for the spread of the Hindu religion

Ans. B

32. C and B are two brothers living as joint family. They decided to
have a partition. In the partition deed the house with well fell on C,
and B was allowed to take water from the well out of brotherly love.
The right to take water will be in form of:

A. Easement

B. Revocable license
C. Irrevocable license

D. Interest in the property

Ans. C

33. Charge can be created by:

A. Act of parties

B. Operation of Law

C. Both A and B

D. Neither A nor B

Ans. C

34. Contract of tenancy can be split up by:

A. Court in eviction proceedings

B. Operation of Law

C. Either A or B

D. Neither A nor B

Ans. B

35. In case a lease is made for a certain period mentioning that it is

terminable before its expiration, without mentioning at whose
option________.

A. Only lessee will have the option of termination

B. Only lessor will have the option of termination

C. The lease will be terminable only in case of mutual agreement

D. Both lessor and lessee will have option of terminating the lease

Ans. A

36. In certain areas, the zamindar has a customary right to recover

one-fourth of the sale consideration for a house sold by the riyaya.
This is a customary right of antiquity mentioned in the wajibularz of
the village. It is based not on contract or encumbrance, but arises
only on sale. The riyaya has no saleable interest in a house in an
agricultural village, but such a right is given to him on the
understanding that if he leaves or abandons it, the zamindar gets
one- fourth as zare chahorum. This custom was acknowledged
because in settling the house, the zamindar had to make certain
investments. The custom is not unreasonable or opposed to law.
Which of the following statement will apply?

A. The transaction will attract provision of section 55 of the Transfer of

Property Act, 1882

B. The transaction will be saved by section 2(c) of the Transfer of Property Act,
1882 from the operation of section 55 of the act

C. The transaction is in form of customs, and customs and usage supersede the
provisions of the Transfer of Property Act, 1882

D. The transaction is in forms of customs, and provisions of the Transfer of

Property Act, 1882 supersede the customs and usage

Ans. B

37. In Dinendronath Sannyal v Ramcoomar Ghose it was held that:

A. The transfer by operation of law occurs in case of testamentary and intestate

succession
B. An involuntary ‘sale’ is not necessarily a transfer by the operation of law

C. Legislature can modify, annul and substitute the contracts inter- vivos

D. None of these

Ans. A

38. In England, express surrenders of the lease are required by the

Statute of Frauds to be in writing, in India the express surrenders of
the lease:

A. Must be in writing

B. Must be registered if there are facts de hors

C. Both A and B

D. Neither A nor B

Ans. D

39. In English law, a minor cannot hold a legal estate in land, in

India, a lease by a minor is_______.

A. Valid

B. Void

C. Voidable

D. Depends on the facts of the case

Ans. B

40. In Roman law, the earliest type of security was:

A. The fiducia
B. The pignus

C. The hypotheca

D. None of these

Ans. A

41. In which of the following cases did J Kekewich said that “You
cannot limit an estate to a man and his heirs until he shall convey
the land to a stranger, because it is of the essence of an estate in fee
that it confers free power of alienation, and it has long been settled
that the same principle is applicable to gifts of personality.”

A. Metcalfe v Metcalfe

B. Deo v Bevan

C. Tamaya v Timpa

D. Hippolite v Stuart

Ans. A

42. In which of the following cases is rule against perpetuity not

applicable under the Transfer of Property Act, 1882?

A. In case property is transferred for the benefit of lineal decedents

B. In case property is transferred for the purpose of construction of a winery

C. In case property is transferred for the purpose of creating a temple

promoting Sati

D. In case property is transferred for building a library for comic books

Ans. D
43. In which of the following cases will the puisne mortgagee has no
right to redeem a prior mortgage?

A. Puisne mortgage is invalid

B. Puisne mortgage is time-barred

C. Puisne mortgagee has lost all remedies of foreclosure

D. All of these

Ans. D

44. Section 5 of the Transfer of Property Act, 1882:

A. Applies to property sold in auction sale

B. Does not apply to property sold in auction sale

C. Applies to compromise of doubtful rights

D. Does not apply to compromises of doubtful rights

Ans. B

45. Section 99 of the Transfer of Property Act, 1882 deals

with____________.

A. Provisions related to charges on property

B. Provisions related to anomalous mortgage

C. Provisions related to mortgage by depositing of title deeds

D. None of these

Ans. D
46. Subrogation as defined in Section 92 of the Transfer of Property
Act, 1882 can be:

A. Conventional

B. Legal

C. either A or B

D. neither A nor B

Ans. C

47. The basic ingredients of the doctrine of lis pendens are:

A. The suit should be collusive

B. Property should have been transferred or otherwise dealt with

C. A litigation should be pending in a court of competent jurisdiction

D. The suit must not be related to a specific immovable property

Ans. C

48. The doctrine of lis pendens:

A. Is applicable on both movable and immovable property

B. Is applicable on both partial and absolute transfers

C. Is applicable on both specified and unspecified properties

D. All of these

Ans. B

49. The English Law:

A. Recognises the concept of Universal Donee

B. Recognises the concept of Universal Succession

C. Both A and B

D. Neither A nor B

Ans. D

50. The English rule against perpetuities deals with:

A. Interests to arise in future

B. Interests in proesenti

C. Both A and B

D. Neither A nor B

Ans. C

51. The English rule that a grant should be construed most

favourably to the sovereign:

A. Is applicable in India in its totality

B. Is not applicable in India

C. Partially applicable in all the cases in India

D. Partially applicable to some of the cases in India

Ans. B

52. The first draft bill of Transfer of Property Act, 1882 was made
by:
A. First Law Commission

B. Second Law Commission

C. Third Law Commission

D. Fourth Law Commission

Ans. A

53. The forfeiture under section 111(g) of the Transfer of Property

Act, 1882 can________.

A. Not be waived off, except by express declaration of the same

B. Can be waived off by acceptance of rent becoming due after forfeiture, after
the suit to eject lessee has been initiated

C. Can be waived off by accepting of rent becoming due after forfeiture, in case
lessor is not aware that forfeiture has incurred

D. Can be waived off by accepting of rent becoming due after forfeiture, as long
as lessor knows that forfeiture has incurred

Ans. d

54. The notice period for termination of lease for residential

purpose is_______, in absence of contract or usage to the contrary.

A. Fifteen days

B. One month

C. Two months

D. Forty-Five days

Ans. A
55. The Privy Council in Mohammed Sher Khan v. Seth Swami Dayal
has settled that:

A. Section 98 of the Transfer of Property Act, 1882 is subject to Section 60 of

the Transfer of Property Act, 1882

B. Section 60 of the Transfer of Property Act, 1882 is subject to Section 98 of

the Transfer of Property Act, 1882

C. Either A or B depending on the facts of the individual cases

D. Neither A nor B

Ans. A

56. The provisions of section 60A of the Transfer of Property Act,

1882 do not apply when_________.

A. The mortgagor is in possession of the property

B. The mortgagor has recovered possession of the property

C. The mortgagee has defaulted in receiving payment

D. The mortgagor has not defaulted in making payments

Ans. B

57. The rule against perpetuity as given in section 14 of the Transfer

of Property Act 1882, applies to:

A. Immovable property

B. Movable property

C. Both A and B

D. Unconditionally to A, conditionally to B
Ans. C

58. Transfer of Spes Succession is:

A. Valid

B. Void

C. Voidable

D. Either A or B

Ans. B

59. Under the provisions of the Transfer of Property Act, 1882, if

there are patent defects in the property:

A. The maxim of caveat emptor will apply

B. The maxim of uberrimae fidei will apply

C. Both A and B

D. Neither A nor B

Ans. A

60. Under the provisions of the Transfer of Property Act, 1882, the
seller is duty bound to disclose:

A. Patent defects in the property

B. Latent defects in the property

C. Both A and B

D. Neither A nor B
Ans. B

61. Under the provisions of the Transfer of the Property Act, 1882,
the benefits of a contract can be assigned as an actionable claims
and transferred unless:

A. The contract is one which had been induced by personal qualifications or

considerations as to the parties to it

B. The benefit is coupled with an obligation which the assignor is bound to

discharge

C. Either A or B

D. Neither A nor B

Ans. C

62. Under the Transfer of Property Act, 1882, vested interest

is_______.

A. Defeated by the death of the transferor

B. Defeated by the death of the transferee

C. Either or both A and B

D. Neither A nor B

Ans. D

63. What is the default interest payable under section 63 and 63 A of

the Transfer of Property Act, 1882?

A. 8% per annum

B. 9% per annum
C. 10% per annum

D. Interest rate is not mentioned in the sections

Ans. B

64. Where the mortgage is illegal for want of registration but the
mortgagee continues in possession of the mortgaged property, a
valid mortgage comes in existence after the expiry of:

A. 5 years

B. 10 years

C. 12 years

D. 20 years

Ans. C

65. Which e following is the right of mortgager to redeem as

conferred by the Transfer of Property Act, 1882?

A. Right to demand that the mortgagee at his cost, should transfer the
mortgaged property to any such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the
mortgaged property to the mortgagor

C. Either A or B

D. Neither A nor B

Ans. D

66. Which of the following are not valid consideration for

establishing a lease:
A. Rent partly in money and partly in kind

B. A stipulation to pay government assessment or taxes payable by the lessor

C. A personal agreement by a tenant to pay a certain sum or a certain quantity

in kind to the landlord

D. None of these

Ans. C

67. Which of the following are valid illustrations of an anamolous

mortgage?

A. A possessory mortgage without a conditional sale

B. A possessory mortgage with a right to cause the mortgaged property to sale

in the event of default in payment

C. Both A and B

D. Neither A nor B

Ans. B

68. A transfers property to B for life and after his death to C and D,
equally to be divided between them or to the survivors of them. C
dies during life of B. D survives B. At B’s death the property:

(a) shall pass to D

(b) shall pass to any person

(c) shall pass to person who is specifically named in transfer

(d) none of the above.

Ans. a
69. The provisions of conditional transfer is provided in the
Transfer of Property Act, 1882:

(a) section 25

(b) section 26

(c) section 27

(d) section 29.

Ans. a

70. X transfers Rs.500 to Y on condition that he shall execute a

certain lease within three months after Y’s death, and, if he should
neglect to do so to Z. If Y dies in X’s life time:

(a) the disposition in favour of Z takes effect

(b) the disposition shall not take effect in favour of Z

(c) the disposition requires further conditions

(d) none of the above.

Ans. a

71. X marries to Y but in case she dies in his lifetime, he would

transfer the property to Z. X and Y perish together, under
circumstances which make it impossible to probe that she died
before him. The disposition of property in favour of Z:

(a) does not take effect

(b) takes effect

(c) disposition is subject to another contract

(d) none of the above.

Ans. a

72. Under the provisions of section 29 of the Transfer of Property

Act, 1882 an ulterior disposition of the kind contemplated in the
provision of section 28 cannot take effect unless:

(a) condition is strictly fulfilled

(b) condition is not fulfilled

(c) only (b) is correct

(d) none of the above.

Ans. a

73. In case of transfer of property under the Transfer of Property

Act, 1882, if the ulterior disposition is not valid then:

(a) the prior disposition is affected by it

(b) the prior disposition is not affected by it

(c) no such condition is prevailed under the Transfer of Property Act, 1882

(d) none of the above.

Ans. b

74. A transfer a garden to B for her life, with a proviso that, in case B
cuts down a certain wood, the transfer shall cease to have any effect.
B cuts down the wood. Decide the case in the light of Transfer of
Property Act, 1882:

(a) B loses his life interest in the firm

(b) B does not lose his life interest in the firm

(c) no such provision is made under the Transfer of Property Act, 1882

(d) none of the above.

Ans. a

75. Under the provisions of section 35 of the Transfer of Property

Act, 1882, where a person professes to transfer property which he
has no right to transfer, and as part of the same transaction confers
any benefit on the owner of the property then:

(a) such owner must elect either to confirm such transfer or to dissent from it

(b) such owner can elect to confirm such transfer only

(c) such owner can dissent from transfer only

(d) none of the above.

Ans. a

76. The foundation of doctrine of election under the Transfer of

Property Act, 1882 is that a person taking the benefit of an
instrument:

(a) must bear the burden

(b) must not bear the burden

(c) burden is not the subject of election

(d) none of the above.

Ans. a
77. The rule of election under the Transfer of Property Act, 1882, as
applied to Will is enacted in sections 180 and 192 of the:

(a) Indian Succession Act, 1925

(b) Indian Registration Act, 1908

(c) Sale of Goods Act, 1930

(d) General Clauses Act, 1897.

Ans. a

78. A person is not put to his election, unless he has a proprietary

interest in the property disposed off in derogation of his rights. This
is the subject matter under provisions of:

(a) section 35 of the Transfer of Property Act, 1882

(b) section 35 of the Indian Registration Act, 1908

(c) section 35 of the Indian Succession Act, 1925

(d) General Clauses Act, 1897.

Ans. a

79. Section 37 of the Transfer of Property Act, 1882 refers to

apportionment by estate. In this light, before the Transfer of
Property Act, 1882, when a transfer was severed by the sale of
shares in the version the tenant was still obliged to pay the rent to
all shares jointly:

(a) unless an apportionment had been agreed to by all the parties

(b) any party is agreed by all the parties

(c) any two parties are agreed

(d) none of the above.

Ans. a

80. In the Transfer of Property Act, 1882, sections 33 to 37 apply to

both immovable and movable property whereas sections 38 to 53
apply to:

(a) movable property only

(b) immovable property

(c) both immovable and movable property

(d) none of the above.

Ans. b

81. Provisions of section 38 of the Transfer of Property Act, 1882

does not apply to cases falling under:

(a) benamidars or ostensible owners who can give no title except by estoppel

(b) contingent transfer which is based on happening and not happening of

certain events

(c) perpetual transfer

(d) none of the above.

Ans. a

82. Section 38 of the Transfer of Property Act, 1882, has no

application:

(a) to previous transfer where the transaction is still incomplete

(b) to succeeding transfer where the transaction is to be completed in future

(c) to perpetuity transfer

(d) none of the above.

Ans. a

83. Under section 39 of the Transfer of Property Act, 1882 the

provision is made for transfer where the third person is entitled to
maintenance. In this context the court held that right of
maintenance, even of a Hindu widow, is an identified right which
falls short of a charge. This was decided in case of:

(a) Ramanandan v. Rangammal, (1889) 12 Mad 260

(b) Ram Kumar v. Ram Dai, (1900) 22 All 326

(c) Rachawa v. Shivayogoda, (1893) 18 Bom 679

(d) none of the above.

Ans. a

84. Right to maintenance under the provisions of section 39 of the

Transfer of Property Act, 1882 includes the enhanced maintenance
in future to these if there has been a material change in the
circumstances. This was decided in case of:

(a) Adiveppa v. Tengawzva, (1974) 2 Karn LJ 45

(b) Kaveri v. Parameswari, AIR 1971 Ker 216

(c) Dattatreya v. Julsabai, (1943) Bom 646

(d) Pranlal v. Chapsey, AIR 1945 Bom 34.

Ans. b

85. Within the provisions of section 39 of the Transfer of Property

Act, 1882 the word “maintenance” covers also residence. This was
decided in case of:

(a) Kaveri v. Parameswari, AIR 1971 Ker 216

(b) Ramamurthi v. Kanakaratnam, (1948) Mad 315

(c) Akhoy Kumar v. Corporation of Calcutta, (1915) 42 Cal 625

(d) Maina v. Bachchi, (1906) 26 All 655.

Ans. a

86. Within the meaning of provision under section 39 of the

Transfer of Property Act, 1882 a woman is entitled to maintenance
not only from the husband, but also from sons who are members of
joint family. This was decided in case of:

(a) S. Periaswami v. Chellawal, (1980) 1 Mad LJ 46

(b) Raghvan v. Nagamal, (1979) 1 Mad LJ 172

(c) Chandramna v. Maniam Vankettareddy, AIR 1958 AP 396

(d) Basudev Dey Sarkar v. Chhaya Dey Sarkar, AIR 1991 Cal 399.

Ans. a

87. Section 41 of the Transfer of the Property Act, 1882 applies to

voluntary transfers and has no application to:

(a) court sale

(b) contingent sale

(c) perpetuity sale

(d) price less sale.

Ans. a

88. Under the provisions of section 41 of the Transfer of Property

Act, 1882, these are some conditions:

(1) Transferer is the ostensible owner.

(2) He is so by the consent, express or implied, of the real owner.

(3) Transfer is for consideration.

(4) Transferee has acted in good faith, taking reasonable care to ascertain that
the transferer had power to transfer.

(a) only (1) and (2) are required

(b) only (1), (2) and (3) are required

(c) only (3) and (4) are required

(d) all are required.

Ans. d

89. Possession of a manager cannot be treated as ostensible

ownership with the consent of the real owner. This was held in case
of:

(a) Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273

(b) Ved Kumar v. Union of India, AIR 1989 NOC 136

(c) Motimul Sowvar v. Vijalakshi Ammal, AIR 1965 Mad 432

(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.

Ans. a

90. Inaccuracy in the recitals describing the property:

(a) cannot whitle down the effect of clear recitals in the documents about the
property to be sold thereby

(b) can whitle down the effect of clear recitals in the document about the
property to be sold thereby

(c) cannot depend upon the inaccuracy or accuracy of recital describing

property

(d) none of the above.

Ans. a

91. Under section 42 of the Transfer of Property Act, 1882 if a

person has a right to transfer property, after exercising a right to
revoke a previous transfer, a transfer of such property by him will
imply an exercise of:

(a) right of revocation

(b) right of transfer

(c) right of surrender

(d) none of the above.

Ans. a

92. Section 43 of the Transfer of Property Act, 1882 enables a

transferee to whom a transferer has made a fraudulent or
erroneous representation to lay hold, at his option, of any interest:
(a) which the transferor may subsequently acquire with property, provided he
does not adversely affect the right of any subsequent purchaser for value
without notice

(b) which the transferee may rescind the proceeding

(c) which both transferor and transferee rescind

(d) none of the above.

Ans. a

93. In order to get the benefit of the section 43 of the Transfer of

Property Act, 1882 some conditions are necessary:

(1) Contract of transfer was made by a person who was competent to contract.

(2) Contract would be subsisting at the time when a claim for recovery of the
property is made.

(a) both (1) and (2) necessary

(b) only (1) is necessary

(c) only (2) is necessary.

(d) none of the above.

Ans. a

94. Section 44 of the Transfer of Property Act, 1882, deals with:

(a) transfer by two co-owner

(b) transfer by one co-owner

(c) transfer by 3 co-owners

(d) transfers by all co-owners.

Ans. b

95. When one of several co-owners transfers his share, the

transferee acquires as against the other co-owners the same rights
that of transferor had but is subject to any condition and liabilities
affecting the share at the date of transfer. This is the provision
under:

(a) section 40 of the Transfer of Property Act, 1882

(b) section 41 of the Transfer of Property Act, 1882

(c) section 42 of the Transfer of Property Act, 1882

(d) section 44 of the Transfer of Property Act, 1882.

Ans. d

96. The provision for the joint transfer for consideration is dealt in:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(c) section 46 of the Transfer of Property Act, 1882

(d) none of the above.

Ans. a

97. Presumption of equity pertains to:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(c) section 47 of the Transfer of Property Act, 1882

(d) section 48 of the Transfer of Property Act, 1882.

Ans. a

98. Under the provisions of the Transfer of Property Act, 1882,

where immovable property is transferred for consideration by
persons having distinct interests therein, the transferors are:

(a) entitled to share in the considerations equally

(b) entitled to share unequally

(c) entitled to share equally but subject to further

(d) none of the above.

Ans. a

99. Where several co-owners of immovable property transfer a

share therein without specifying that the transfer is to take effect on
any particular share or shares of the transfers, the transfer, as
among such transferors, takes effect on such share:

(a) inequally where the shares were equal and where they are unequal
proportionally to the extent of such shares

(b) equally where the share were equal and where they are unequal
proportionately to the extent of such shares

(c) only (a) is correct

(d) none of the above.

Ans. b
100. Which of the following statements will hold true regarding
exchange under the Transfer of Property Act, 1882?

A. All the liabilities andresponsibilities under normal sale apply to exchange

B. All the liabilities and responsibilities under normal sale apply to exchange,
subject to provisions of section 119 and 121 of the Act

C. No liability and responsibility under normal sale will apply to exchange

unless specifically stated

D. Liabilities and responsibilities under normal sale will not apply to exchange
under any circumstances

Ans. B

101. Which of the following transfers and conditions will be valid

under the Transfer of Property Act, 1882?

A. A sells the property to B absolutely, with a direction that B cannot sell it

without the permission of A

B. A makes a gift to B with a condition that in case B does not divorce his wife,
the property will revert back to A

C. A gifts the property to his wife with a condition that his wife cannot sell
without A’s permission

D. None of these

Ans. D

102. Which of the following statements is true regarding the

definition of rent of lease as given under the Transfer of Property
Act, 1882?

A. The rent must be in form of money and not in kind

B. The rent can be in form of money or service but not in kind

C. The rent can be in money or in kind

D. The rent cannot be in form of money

Ans. C

103. Which of the following statements is true regarding transfer of

actionable claims under the provisions of the Transfer of Property
Act, 1882?

A. The transferee of an actionable claims steps into the shoes of the transferor
for all purposes

B. The transfer of an actionable claim for the purpose of gift, can be done by
delivery of the instrument and oral statement to the effect.

C. both A and b

D. neither A nor B

Ans. A

104. Which of the following statements is true under the provisions

of the Transfer of Property Act, 1882?

A. Prepaid rent is regarded as rent

B. The foundation of the doctrine of election is that a person taking the benefit
of an instrument need not bear the burden

C. Election is a breach of the general rule that no one may approbate and
reprobate

D. The doctrine of election is based on intention to this extent that the law
presumes that the author of an instrument intended to give effect to every part
of it

Ans. D

105. Which of the following statements will apply in case a landlord

in a suit for ejectment of tenant, obtains a decree for ejectment?

A. A notice would need to be given under section 106 of the Transfer of

Property Act, 1882

B. A notice under section 106 of the Transfer of the Property Act, 1882 will be
needed in case the lease is not terminable at will

C. A notice under section 106 of the Transfer of the Property Act, 1882 is not
needed

D. A notice under section 106 of the Transfer of the Property Act, 1882 will be
needed unless there is a contract to the contrary

Ans. C

106. Which of the following statements will hold true regarding

exchange under the Transfer of Property Act, 1882?

A. All the liabilities and responsibilities under normal sale apply to exchange

B. All the liabilities and responsibilities under normal sale apply to exchange,
subject to provisions of section 119 and 121 of the Act

C. No liability and responsibility under normal sale will apply to exchange

unless specifically stated

D. Liabilities and responsibilities under normal sale will not apply to exchange
under any circumstances

Ans. B
107. Which of the following transfers and conditions will be valid
under the Transfer of Property Act, 1882?

A. A sells the property to B absolutely, with a direction that B cannot sell it

without the permission of A

B. A makes a gift to B with a condition that in case B does not divorce his wife,
the property will revert back to A

C. A gifts the property to his wife with a condition that his wife cannot sell
without A’s permission

D. None of these

Ans. D

108. Which of the following is nearest to meaning of the phrase

‘English mortgaged’ as defined by the Transfer of Property Act,
1882?

A. Where on payment of certain sum by the mortgagee the property passes to

him

B. Where there are two sales made, one at the start of mortgage with the
condition that after the mortgage amount is paid back, the property will sold
back

C. Where the mortgagee gets the possession of the property with the rights of
profits, rents etc.

D. Where the mortgage is made by submitting the title deed

Ans. B

109. Which of the following is the right of mortgager to redeem as

conferred by the Transfer of Property Act, 1882?
A. Right to demand that the mortgagee at his cost, should transfer the
mortgaged property to any such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the
mortgaged property to the mortgagor

C. either A or B

D. neither A nor B

Ans. D

110. Which of the following properties can be transferred under the

Transfer of Property Act, 1882?

A. Salary of a public officer

B. Right to sue

C. both A and B

D. neither A nor B

Ans. D

111. Which of the following transfers and conditions will be valid

under the Transfer of Property Act, 1882?

A. A sells the property to B absolutely, with a direction that B cannot sell it

without the permission of A

B. A makes a gift to B with a condition that in case B does not divorce his wife,
the property will revert back to A

C. A gifts the property to his wife with a condition that his wife cannot sell
without A’s permission
D. None of these

Ans. D