Professional Documents
Culture Documents
An unequivocal and irrevocable settlement conferring enjoyment rights over the property in present
and each getting a specific share in it upon the death of the settlor would create:
Ans: B
2. B gifts a piece of land to C, a gift deed is made and the possession of the gift deed and the property is
transferred to C. C delays the registration of the deed and in the meantime B dies. The heirs of B:
A. Can claim the piece of land as valid gift has not been made
B. Cannot claim the piece of land as valid gift has been made
C. Cannot claim the piece of land, if C gets the deed registered before the heirs make a claim
D. Can claim the piece of land, unless C transfers the same to someone else
Ans: B
3. B gifts a share of business to A on the condition that in case B does not like the future daughter-in-law
of B, the property will revert back to B. Which of the following statements will apply?
Ans: C
4. B leases out commercial property to A for the purpose of starting a hostel for working girls. The lease
is for ten years. In the fifth year of the lease, A further leases the whole property to C for four years.
After the expiry of ten years, the C remains in the possession of the property and continues to pay the
rent to B. Which of the following statements will apply?
B. The lease will continue between B and C from year to year basis
C. The lease will continue between B and C from month to month basis
D. The lease has expired, but C can continue enjoying the premises unless B evicts him
Ans: C
5. B makes a gift deed in favour of A. The gift deed contains transfer of three houses unburdened by
obligations, two houses which are mortgaged with C, two cars under the hire purchase agreement and
three horses, one of which is lame. Which of the following statements will apply?
A. A can accept the whole gift, he has an option to accepting or not accepting the lame horse
C. A can choose to take gift of three houses and avoid all the rest
D. A has a choice to take over movable property and avoid immovable property
Ans: B
6. B makes a gift of residential house comprising of three distinct units, one each to D, E and F. E refuses
the gift. Which of the following statements will apply?
D. None of these
Ans: A
7. B mortgaged three houses to A for the amount of? 76,000 plus interest at the rate of 11 % on the
amount unpaid. In due course of time B sold one of the houses to C for Rs.55,000. Later on, B defaults in
payment. On the date of default the amount due to A including interest was Rs.1,18,994 and the value
of the houses not sold to C being Rs.3,11,222. Which of the following statements will apply?
A. C is liable for the mortgage debt of B, and A can make a claim against the property of C for the same
D. The sale is binding and the house purchased by C is not liable to be attached by A for the amount due
Ans: D
8. B mortgages a one story house to A. The mortgage is in form of usufructuary mortgage. During the
duration of mortgage, A without the permission of B, constructs two more floors, and rented them out.
At the time of redemption of the property which of the following statement will apply?
A. A is entitled to set out the rent received on the two floors constructed by him, against the amount
spent for construction
B. A is entitled to recover the cost of additional construction from B
C. A in entitled to recover the cost of additional construction from B, or in case of default to destroy the
construction done by him
D. None of these
Ans: D
9. B transfers some property to C with a condition that in case A marries during B’s lifetime the property
will go to B. A marries during B’s life. Which of the following statements will apply?
B. The transfer and condition are valid, and the property will transfer to A
Ans: B
10. A right to recover cows trapped on the owner’s land will be:
A. Actionable claim
B. Easement
C. License
D. None of these
Ans. (D)
A. Heritable
B. Transferable, when not coupled with the transfer of an assignable interest in the property
C. both A and b
D. neither A nor B
Ans. (A)
12. A tenant remaining possession after the determination of the lease is called:
A. Tenant on sufferance
B. Tenant at will
D. both A and B
Ans. (C)
13. According to provisions of the Transfer of Property Act, 1882, the easements:
A. Can be transferred
B. Cannot be transferred
Ans. (C)
B. Anew lease
D. None of these
Ans. (B)
15. An unequivocal and irrevocable settlement conferring enjoyment rights over the property in present
and each getting a specific share in it upon the death of the settlor would create:
16. B gifts a piece of land to C, a gift deed is made and the possession of the gift deed and the property is
transferred to C. C delays the registration of the deed and in the meantime B dies. The heirs of B:
A. Can claim the piece of land as valid gift has not been made
B. Cannot claim the piece of land as valid gift has been made
C. Cannot claim the piece of land, if C gets the deed registered before the heirs make a claim
D. Can claim the piece of land, unless C transfers the same to someone else
Ans. (B)
17. B gifts a share of business to A on the condition that in case B does not like the future daughter-in-
law of B, the property will revert back to B. Which of the following statements will apply?
18. B leases out commercial property to A for the purpose of starting a hostel for working girls. The lease
is for ten years. In the fifth year of the lease, A further leases the whole property to C for four years.
After the expiry of ten years, the C remains in the possession of the property and continues to pay the
rent to B. Which of the following statements will apply?
B. The lease will continue between B and C from year to year basis
C. The lease will continue between B and C from month to month basis
D. The lease has expired, but C can continue enjoying the premises unless B evicts him
Ans. (C)
19. B makes a gift deed in favour of A. The gift deed contains transfer of three houses unburdened by
obligations, two houses which are mortgaged with C, two cars under the hire purchase agreement and
three horses, one of which is lame. Which of the following statements will apply?
A. A can accept the whole gift, he has an option to accepting or not accepting the lame horse
C. A can choose to take gift of three houses and avoid all the rest
D. A has a choice to take over movable property and avoid immovable property
Ans. (B)
20. B makes a gift of residential house comprising of three distinct units, one each to D, E and F. E
refuses the gift. Which of the following statements will apply?
D. None of these
Ans. (A)
21. B mortgaged three houses to A for the amount of Rs.76,000 plus interest at the rate of 11% on the
amount unpaid. In due course of time B sold one of the houses to C for Rs.55,000. Later on, B defaults in
payment. On the date of default the amount due to A including interest was Rs.1,18,994 and the value
of the houses not sold to C being Rs.3,11,222. Which of the following statements will apply?
A. C is liable for the mortgage debt of B, and A can make a claim against the property of C for the same
Ans. (D)
22. B mortgages a one story house to A. The mortgage is in form of usufructuary mortgage. During the
duration of mortgage, A without the permission of B, constructs two more floors, and rented them out.
At the time of redemption of the property which of the following statement will apply?
A. A is entitled to set out the rent received on the two floors constructed by him, against the amount
spent for construction
C. A in entitled to recover the cost of additional construction from B, or in case of default to destroy the
construction done by him
D. None of these
Ans. (D)
23. B transfers some property to C with a condition that in case A marries during B’s lifetime the
property will go to B. A marries during B’s life. Which of the following statements will apply?
Ans. (B)
24. 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
Ans. (B)
25. 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 licence
C. Irrevocable licence
Ans. (C)
A. Act of parties
B. Operation of Law
C. both A and B
D. neither A nor B
Ans. (C)
C. either A or B
D. neither A nor B
Ans. (B)
28. In case a lease is made for a certain period mentioning that it is terminable before its expiration,
without mentioning at whose option ___________.
D. Both lessor and lessee will have option of terminating the lease
Ans. (A)
29. 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)
A. The transfer by operation of law occurs in case of testamentary and intestate succession
C. Legislature can modify, annul and substitute the contracts inter- vivos
D. None of these
Ans. (A)
31. 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
C. both A and B
D. neither A nor B
Ans. (D)
32. 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
Ans. (B)
B. The pignus
C. The hypotheca
D. None of these
Ans. (A)
34. 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)
35. In which of the following cases is rule against perpetuity not applicable under the Transfer of
Property Act, 1882?
C. In case property is transferred for the purpose of creating a temple promoting Sati
Ans. (D)
36. In which of the following cases will the puisne mortgagee has no right to redeem a prior mortgage?
D. All of these
Ans. (D)
Ans. (B)
38. Section 99 of the Transfer of Property Act, 1882 deals with __________.
D. none of these
Ans. (D)
39. 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)
Ans. (C)
D. All of these
Ans. (B)
C. both A and B
D. neither A nor B
Ans. (D)
43. The first draft bill of Transfer of Property Act, 1882 was made by:
Ans. (A)
44. The forfeiture under section 111 (g) of the Transfer of Property Act, 1882 can _______.
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)
45. 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)
46. 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
D. neither A nor B
Ans. (A)
47. The provisions of section 60A of the Transfer of Property Act, 1882 do not apply when ___________.
Ans. (B)
48. 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)
A. Valid
B. Void
C. Voidable
D. either A or B
Ans. (B)
50. Under the provisions of the Transfer of Property Act, 1882, if there are patent defects in the
property:
C. both A and B
D. neither A nor B
Ans. (A)
B. Interests in praesenti
C. both A and B
D. neither A nor B
Ans. (C)
52. The English rule that a grant should be construed most favourably to the sovereign:
Ans. (B)
Ans. (b)
Ans. (b)
Ans. (a)
56. Under the provisions of section 6 of the Transfer of Property Act, 1882, no transfer can be made for
an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872:
Ans. (b)
57. Under the provisions of section 7 of the Transfer of Property Act, 1882, the competent person to
transfer means:
II. Every person entitled to transferable property or authorised to dispose of transferable property.
Ans. (b)
58. The term “transfer” under the Transfer of Property Act, 1882, refers to:
Ans. (a)
59. Under section 8 of the Transfer of Property Act, 1882 the legal incidents also includes:
Ans. (a)
60. Under the provisions of section 9 of the Transfer of Property Act, 1882 the transfer includes:
Ans. (a)
61. Under the Transfer of Property Act, 1882, where writing is not expressly required by law:
Ans. (a)
62. Under the Transfer of Property Act, 1882 the condition restraining alienation is provided in:
(a) section 10
(b) section 9
(c) section 8
(d) section 7.
Ans. (a)
63. Where in a Transfer of Property, an interest is created absolutely in favour of any person though the
terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular member:
(a) he shall be entitled to receive and dispose of such interest as if there were no such direction
Ans. (a)
64. Under section 12 of the Transfer of Property Act, 1882 where the transfer of property is subject to
conditions or limitations making interest therein to the benefit of person to lease on his becoming
involved or endeavouring to transfer or dispose of property, such condition is:
(a) valid
(b) void
Ans. (b)
(a) does not apply to lease condition in the benefit of the lessor
Ans. (a)
66. The rules against the perpetuity are provided in section ……..of the Transfer of Property Act, 1882:
(a) 14
(b) 15
(c) 16
(d) 17.
Ans. (a)
67. No transfer of property can operate to create an interest which is to take effect after the life time of
one or more persons living at the date of such transfer. These provisions come under:
Ans. (b)
68. Under section 16 of the Transfer of Property Act, 1882 where an interest created for the benefit of a
person or class of persons fails then:
(a) any interest created in the same transaction intended to take effect after or upon failure of such
prior interest also fails
(b) any interest created in the same transaction and intended to take effect after or upon failure of such
prior interest does not fail
Ans. (a)
69. Provision of longer period in the matter of accumulation of property under section 17 of the Transfer
of Property Act, 1882 amounts to:
(a) 18 years
(b) 20 years
(c) 22 years
(d) 25 years.
Ans. (a)
70. Under the provisions of section 17 of the Transfer of Property Act, 1882, the income arising from the
property shall be accumulated either wholly or in part during a period:
Ans. (a)
71. Under the provisions of section 18 of the Transfer of Property Act, 1882, the provisions of some
sections shall not apply in case of a transfer of property for the benefit of the public in the advancement
of religion, knowledge, commerce, health, safety or any other object beneficial to mankind. These
sections are:
Ans. (b)
Ans. (b)
73. According to the provisions of section 19 of the Transfer of Property Act, 1882:
(a) the vested interest is not defeated by the death of the transferee before he obtains possession
(b) vested interest is defeated by the death of transferee before he obtains possession
(c) no such provision is made
Ans. (a)
74. Under the provisions of the Transfer of Property Act, 1882, the unborn person acquires vested
interest on transfer for his benefit:
Ans. (a)
75. Under the provisions of the Transfer of Property Act, 1882 an unborn person acquires vested
interest on transfer upon his birth, although:
Ans. (a)
76. In the context of contingent interest in case of happening of a uncertain event or if a specified
uncertain event shall not happen, such person acquires a contingent interest in the property. Such
interest:
(a) becomes vested interest in the former case, on the happening of the event, in the later, when the
happening of event becomes impossible
(c) vested interest does not depend upon happening or not happening of event
Ans. (a)
Ans. (b)
78. Where interest on transfer of property is created in favour of members only of a class as shall attain
a particular age:
(a) such interest does not vest in any member of the class who has not attained that age
(b) such interest vests in any member irrespective of class who has not attained that age
Ans. (a)
79. 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
D. None of these
Ans: B
80. Which of the following can be transferred under the provisions of the Transfer of Property Act,
1882?
Ans: B
81. 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
82. 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
83. 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
D. Neither A nor B
Ans: A
84. 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
C. Both A and B
D. Neither A nor B
Ans: b
85. 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.
Ans: B
86. 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 thing being money only
Ans: D
87. 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
88. Which of the following is the time limit given under Section 17 of the Transfer of Property Act, 1882?
D. Neither A nor B
Ans: B
89. 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
D. Neither A nor B
Ans: A
90. 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
91. Which of the following properties can be transferred under the Transfer of Property Act, 1882?
B. Right to sue
C. Both A and B
D. Neither A nor B
Ans: D
92. 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
93. 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
94. 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
95. 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
96. 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
97. 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
98. 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
99. Which of the following statements is true regarding definitions given under the Transfer of Property
Act, 1882?
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
Ans: D
100. Which of the following statements is true regarding suit for redemption of mortgaged property
under the Transfer of Property Act, 1882?
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
101. Which of the following statements is true regarding the definition of rent of lease as given under
the Transfer of Property Act, 1882?
Ans: C
102. 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
103. Which of the following statements is true under the provisions of the Transfer of Property Act,
1882?
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
104. 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
1. Under the provisions of the Transfer of Property Act, 1882, the seller is duty bound to disclose:
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
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
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
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
C. both A and B
D. neither A nor B
Ans. B
A. Non acceptance of a new lease taking effect during the continuance of the existing lease
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?
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
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
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?
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?
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
Ans. D
30. Which of the following statements is true regarding suit for redemption of mortgaged property
under the Transfer of Property Act, 1882?
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
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
A. Act of parties
B. Operation of Law
C. Both A and B
D. Neither A nor B
Ans. C
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________.
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
A. The transfer by operation of law occurs in case of testamentary and intestate succession
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
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
Ans. B
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?
Ans. D
43. In which of the following cases will the puisne mortgagee has no right to redeem a prior mortgage?
D. All of these
Ans. D
Ans. B
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
Ans. C
D. All of these
Ans. B
C. Both A and B
D. Neither A nor B
Ans. D
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:
Ans. B
52. The first draft bill of Transfer of Property Act, 1882 was made by:
Ans. A
53. The forfeiture under section 111(g) of the Transfer of Property Act, 1882 can________.
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
D. Neither A nor B
Ans. A
56. The provisions of section 60A of the Transfer of Property Act, 1882 do not apply when_________.
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
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:
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:
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_______.
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
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:
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?
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:
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
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:
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:
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:
Ans. a
73. In case of transfer of property under the Transfer of Property Act, 1882, if the ulterior disposition is
not valid then:
(c) no such condition is prevailed under the Transfer of Property Act, 1882
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:
(c) no such provision is made under the Transfer of Property Act, 1882
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
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:
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:
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:
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:
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:
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
Ans. a
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:
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:
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:
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:
(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:
Ans. a
88. Under the provisions of section 41 of the Transfer of Property Act, 1882, these are some conditions:
(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
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
Ans. a
(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
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:
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
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.
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:
96. The provision for the joint transfer for consideration is dealt in:
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:
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
Ans. b
100. 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
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?
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?
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.
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?
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