Nirma University

Institute of Law
Continuous Evaluation, October 2021
B.A./B.Com., LL.B. (Hons.), Semester-VII
Course Code & Name: 2BL723- Property Law

Roll/Exam Supervisor’s Initial with

No. date

Time: 1 Hours 30 Minutes Max. Marks : 40

Instructions: 1 Attempt All questions.
2 Figures to right indicate full marks and the word limit.
3 Students shall prepare and use their own answer sheet during the
examination. The answer sheet must be hand written, scanned in pdf
and uploaded on LMS.
4 The file name of the answer sheet shall be the students Roll
Number.
5 Student must write Roll No, Course Code, Course Name, Semester
and Date (DD/MM/YYYY) at the first page of the answer sheet. Each
page of the answer sheet must be properly numbered along with the
signature of the student at the right end top corner of the every page
(portrait orientation) of the answer book.
6 Every answer should be started with a new/fresh page, i.e., it must
not be in continuation on the same page over which previous
question ends.
7 In case of any doubt, the student has to inform the course
coordinator through e-mail with relevant details.
8 There should not be any copying/plagiarism in the answers
9. Students shall adhere with the guidelines circulated by exam
department

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]