Professional Documents
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Institute of Law
Continuous Evaluation, October 2021
B.A./B.Com., LL.B. (Hons.), Semester-VII
Course Code & Name: 2BL723- Property Law
Q1(a). Mr. A entered a mortgage deed with Mr. B wherein the deed provided
that, if Mr. A fails to repay the mortgage money on 27th October 2021 then Mr.
A loses his right over the mortgaged property and cannot claim it back. Mr. A
has come before you seeking help. Advise him while explaining the other rights
and liabilies of the Mortgagor [7.5 marks][350-
400 words]
1(b) Mr. X is the owner of the properties A, B, C & D. He has mortgaged his
property A to Mr. Y for Rs. 5 lacs. Later on, Mr. X sold his property A to Mr. Z.
Now Mr. Z wants Mr. Y to claim his money from property B, C & D. Can he do
so and if yes then how? [5marks][100-150 words]
Q 2. Mr. Amit binds himself under a deed to repay the amount of Rs. 10 lacs
on 29th November 2021 and transfers the property absolutely to Mr. Sanjay,
subject to the proviso that Mr. Sanjay will re-transfer it to Mr. Amit upon
payment of Rs.10 lacs. Is this transaction a sale or a mortgage? Explain. Also
explain the different types of mortgages as per the Transfer of property act
[12.5 marks] [400-500 words]
Q 3. A rented out his house to B and then after one year sold it to him. The
sale deed was not registered. B, who was originally the tenant continued in
possession as owner. One month later, A sold the house to C and get the sale
deed registered without disclosing the fact that it was already sold to B. C sued
B for the rent alleging that B was in possession as tenant while B alleges that
he is the owner. B wants to take the benefit of the doctrine of “actual
possession as constructive notice” while C relied on the doctrine of “registration
as constructive notice”. Decide whose (B’s or C’s) right will prevail, applying the
provisions of Transfer of Property Act, 1882 and in the light of leading case
laws [15 Marks]
[500-600 Words]