LL.B. Property Law - Solutions

QUESTION BANK
SET-A
PAPER NAME (PAPER CODE): PROPERTY LAW & EASEMENT
1. 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 endeavoring to transfer or dispose of property, such condition
is:
(a) valid
(b) void
(c) partly void
(d) none of the above.
2. The provisions of conditional transfer is provided in the transfer of property Act 1882
(a) section 29
(b) section 26
(c) section 27
(D) section 25
3. 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
4. The Bill on Transfer of Property was referred to
(a) First Law Commission
(b) Second Law Commission
(c) Third Law Commission
(d) Fourth Law Commission.

5. The Transfer of Property Act was enacted in the year
(a) 1880
(b) 1881
(c) 1882
(d) 1883.
6. The Transfer of Property Act received its assent on
(a) 17th February, 1882
(b) 22nd February, 1882
(c) 23rd February, 1882
(d) 27th February, 1882.
7. First Amendment was made in the Transfer of Property Act, 1882 in the year
(a) 1880
(b) 1883
(c) 1884
(d) 1885.
8. The Transfer of Property Act, 1882, came into effect from
(b) 27th February, 1882
(c) 17th March, 1882
(d) 1st July, 1882.
9. provisions of section 12 of the TP Act 1882
(a)does apply to a condition ina lease for the benefit of lessor
(b)no such condition is made under such provision
(c) does not apply to lease condition in the benefit of the lesser
(d) none of the above

10. The provisions of vested intrest is provided in.
(a) section 20 of TP ACT 1882
(b) section 21 of TP ACT 1882
(c) section 18 of TP ACT 1882
(d) section 19 of TP ACT 1882
11. under the provisions of the transfer of property Act 1882.
(a) a mere right to sue can be transferred
(b) a mere right to sue cannot be transferred
(c) no such provisions is made in this act
12. According to Transfer of Property Act, 1882
(a) testamentary instrument
(b) both testamentary and non testamentary instrument
(c)instrument means anon testamentary instrument
d) none of the above
13. Under the Transfer of Property Act, 1882, the term "attested" means
a) attested by two or more witnesses
(b) attested by one witness only
(c) attested by two witnesses only
(d) no condition prevails.
14. Under the Transfer of Property Act, 1882, registered pertains to
(a) registration of property
(b) registration of documents
(c) registration of parties

(a) section 29
(b) section 26
(c) section 27
(D) section 25
16. The chapters and sections of the Transfer of Property Act, 1882, which relate to
contracts shall be part of:
(a) Indian Registration Act, 1908
(b) Sale of Goods Act, 1930
(c) General Clauses Act, 1897
(d) Indian Contract Act, 1872.
17. Within the meaning of section 4 of the Transfer of Property Act, 1882 the provisions of
sections 54, paragraphs 2 and 3, sections 59, 107 and 123 shall be read as supplemented to:
(a) Indian Contract Act, 1872
(b) Indian Registration Act, 1908
(d) Sale of Goods Act, 1930.
18. Chapter II of the Transfer of Property Act shall not be deemed to effect any rule of
(a) Mohammadan
(b) Christian law
(c) Parsi law
19. According to section 5 of the Transfer of Property Act, 1882, living person includes:
(a) company or association or body of individuals
(b) individual human being only
(c) only important company or associations

20. Under the provisions of section 6 of the Transfer of Property Act, 1882, the chance of an
heir-apparent succeeding to an estate, the chance of a relation abstaining a legacy on the
death of a kinsman, or any other mere possibility of like nature:
(a) cannot be transferred
(b) can be transferred
(c) can be transferred subject to certain conditions
21. Under the provisions of section 6 of the Transfer of Property Act, 1882, a mere right of
re-entry for breach of a condition subsequent cannot be transferred to any one except the
owner of the property affected thereby
(a) the statement is true
(b) the statement is false
(c) the statement is partly true
22. Under the provisions of the Transfer of Property Act, 1882, an easement cannot be
transferred apart from the dominant heritage
23. According to the provisions of the Transfer of Property Act, 1882, all interest in
property restricted in its enjoyment to the owner personally cannot be transferred by him

24. Under the provisions of section 6 of the Transfer of Property Act, 1882
(a) a right to future maintenance can be transferred
(b) cannot be transferred
(c) no such provision is made in the Act
25. Under the provisions of the Transfer of Property Act, 1882
26. Under the Transfer of Property Act, 1882
(a) the salary of a public officer can be transferred
(b) the salary of a public officer cannot be transferred
(c) no such provision is found in the Act
(a) a public office cannot be transferred
(b) a public office can be transferred
(c) such provision is absent in the Act
28. 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
(a) the statement is false
(b) the statement is true

29. Under the provisions of section 7 of the Transfer of Property Act, 1882, the competent
person to transfer means:
I. Every person competent to contract only;
II. Every person entitled to transferable property or authorised to dispose of transferable
property.
(a) only (I) is correct
(b) both (I) and (II) are correct
(c) (II) is correct
(d) neither is correct.
30. The term "transfer" under the Transfer of Property Act, 1882, refers to
(a) partly or whole transfer
(b) absolute or conditional transfer
(c) contingent transfer
(d) both (a) and (b) are correct
SECTION A
1. Explain fully the object and scope of the transfer of property act 1882?
2. Define actionable claim and discuss the mode in which it can be transferred?
Actionable Claim: is a claim to any debt, other than secured by mortgage of

immovable property or pledge or hypothecation of some movable property, or to
any beneficial interest in movable property, not in possession either actual or
constructive of the claimant. Section 3 of Transfer of Property Act, 1882 defines ;
“actional claim means a claim to any debt , other than a debt secured by mortgage
of immovable property or by the hypothecation or pledge of movable property , or
to any beneficial interest in movable property not in the possession, either actual or
constructive , of the claimant, which the civil courts recognises as affording grounds
for relief, whether such debt or beneficial interest be existent, accruing ,conditional
or contingent.”
Lets’ analyse above definition; Actionable Claims means a claim to –

 Any debt, other than a debt secured –
 By a mortgage of immovable property, or
 By hypothecation or pledge of movable property, or
 Any beneficial interest in the movable property- not in possession (either
actual or constructive) of the claimant;
 which the civil courts recognise as affording grounds for relief, whether such
debt or beneficial interest be existent, accruing, conditional or contingent.
NOTE: it means that Actional Claim relates only to unsecured debt and beneficial
interest of a claimant in movable property not in his possession.
TRANSFER OF ACTIONABLE CLAIM: Section 130 of Transfer of Property Act, 1882

provides that
(1) The transfer of an actionable claim (whether with or without consideration )shall
be effected only by the execution of an instrument in writing signed by the
transferor or his duly authorised agent, shall be complete and effectual upon the
execution of such instruments, and thereupon all the rights and remedies of the
transferor, whether by way of damages or otherwise, shall vest in the transferee,
whether such notice of the transfer as is hereinafter provided be given or not:
Provided that every dealing with the debt or other actionable claim by the debtor or
other person from or against whom the transferor would, but for such instrument of
transfer as aforesaid, have been entitled to recover or enforce such debt or other
actionable claim, shall (save where the debtor or other person is a party to the
transfer or has received express notice thereof as hereinafter provided) be valid as
against such transfer.
(2) The transferee of an actionable claim may, upon the execution of such
instrument of transfer as aforesaid, sue or institute proceedings for the same in his
own name without obtaining the transferor’s consent to such suit or proceeding and
without making him a party thereto.
Note —Nothing in this section applies to the transfer of a marine or fire policy of
insurance or affects the provisions of section 38 of the Insurance Act, 1938 (4 of
1938)].
SECTION B
3. Define the rule of Lis pendens in detail?
Lis Pendens literally means ‘litigation pending’ or ‘pending suit’ and is drawn from
the concept based on the maxim “Pendente lite nihil innovature” which means that
nothing new must be introduced while a litigation or suit is pending.
The doctrine of Lis Pendens has its origin by Lord Justice Turner in Bellamy Vs.
Sabine, 1857 Where the Court observed the following:
“This is a doctrine common to law and equity courts, which I apprehend, on the
grounds that, if alienation pendente lite was allowed to prevail, it would simply not
be possible for any action or suit to be resolved successfully. In any case, the
Plaintiff will be responsible for the Defendant who alienated the property before the
judgment or the decree and must be obliged, according to the same course of action,
to initiate these proceedings de novo.”
The facts of the above case were the following:
A person, Mr X, sold an immovable property to Mr A.
Mr X’s son, Mr Z, who was the heir of Mr. X, sued Mr A in a competent court to
declare the sale as void.
However, while this litigation was pending, Mr. A sold the property to Mr. B, who
did not take notice of the suit.
The Court held that the son Mr. Z was entitled to the property and the sale was set
aside.
Mr. B who purchased the property from Mr. A does not get any title as he
purchased the property from someone who did not have the title and therefore
cannot convey it.
Therefore, evolving the principles of common law and Section 52 of The Transfer of
Property Act, 1882, was born and is as follows:
When there is an ongoing lawsuit in any Court having authority within the limits of
India, a suit or proceeding in which any right to immovable property is precisely in
question, the property cannot be conveyed by any party to the lawsuit which can
influence the rights of any other party thereto under any order which may be
rendered therein, unless under the jurisdiction of the Court and on such conditions
as it may enforce.
This Doctrine states that the Transfer of property shall be restricted when there is a
litigation pending on the title or any rights that arise directly thereof involving an
immovable property.
The suit commences the moment a complaint is presented or the day of

commencement of proceedings in the appropriate Court and shall be terminated by
Order of the Court.
The Court may, however, permit any party to the suit to transfer the property on
such terms which it may think fit and proper to impose.
The sale of immovable property can take place through private negotiations, but the
said Transfer will be subservient to the verdict of the competent Court.
Now that the doctrine is clear, an inevitable question that may arise is – what is the
objective or purpose of this doctrine? Let us read on to find out.
The purpose of the doctrine of Lis Pendens
This Doctrine is essential as it prevents Transfer of the title of any disputed property
without the Court’s consent, there can be endless litigation, and it will become
impossible to bring a lawsuit to a successful termination if alienations are permitted
to prevail, and covenants are not imposed.
The ‘Transferee pendente lite’ is bound by the verdict just as if he were a party to
the suit and the transfer shall be subservient to the result of the pending lawsuit.
Conditions for Applicability of the Doctrine as provided in Section 52

 A suit or proceeding is pending.
 The above suit is brought to a competent court within the jurisdiction.
 The right to the title of an immovable property is directly in question.
 There cannot be any collusion.
 The suit should directly affect the rights of the other party.
 The property in question is being transferred by either party.
4. What is mean by transfer of property? What properties may not be transferred

Section 5 of the Transfer of Property Act, 1882 defines the term transfer of
property. According to this section, transfer of property means an act by which a
living person conveys property, in present or in future, to one or more other living
persons, or to himself and other living persons. The phrase “living person” includes
a company or association or body of individuals, whether incorporated or not, but
nothing in this section shall affect any law for the time being in force relating to or
by companies, associations or bodies of individuals.
The word property in the Act has been used in one of the following senses:
(i) Tangible material things like house.
(ii) Rights which are exercised over material things like the right to sell or make a
gift of things.
(iii) Rights which are not exercised over any material such as the right to repayment
of a debt.
The expression transfer of property implies various meanings. One sense maybe
transfers of things such as the sale of a house. Another sense maybe transfer of one
or more of the rights in a thing such as mortgage of a house or transfer of a debt.
Thus, if a new title has not been created or some interest has not been transferred in
favour of the Transferee, then the transfer of property cannot take effect.
An analysis of section 5 helps us understand the meaning of the phrase, “transfer of

property”. Thus, transfer of property means an act which may take effect in the
present or future. The property in question must be in existence at the time the
transfer takes place. Moreover, the conveyance of the property must be from one
living person to another.
What properties may not be transferred

Property of any kind may be transferred, except as otherwise provided by this Act
or by any other law for the time being in force,-
(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation

obtaining a legacy on the death of a kinsman, or any other mere possibility of a like
nature, cannot be transferred
(b)A mere right of re-entry for breach of a condition subsequent cannot be

transferred to any one except the owner of the property affected thereby
(c) An easement cannot be transferred apart from the dominant heritage

(d) All interest in property restricted in its enjoyment to the owner personally
cannot be transferred by him; 1( A right to future maintenance, in whatsoever
manner arising, secured or determined, cannot be transferred)
(e) A mere right to sue 2 cannot be transferred
(f) A public office cannot be transferred, nor can the salary of a public officer,
whether before or after it has become payable
(g) Stipends allowed to military 3[naval], 4[air-force] and civil pensioners of the
5[Government] and political pensions cannot be transferred
(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest
affected thereby, or (2) 6[for an unlawful object or consideration within the
meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872)], or (3) to a
person legally disqualified to be transferee; 7 [Nothing in this section shall be
deemed to authorize a tenant having an transferable right of occupancy, the farmer
of an estate in respect of which default has been made in paying revenue, or the
lessee of an estate, under the management of a Court of Wards, to assign his interest
as such tenant, farmer or lessee.]
SECTION C
5. What is the gift? Explain all provisions of gift?
6. What do you mean by lease of immovable property? Also explain difference
between lease and license?
Section 105. Lease defined. – A lease of immovable property is a transfer of a right
to enjoy such property, made for a certain time, express or implied, or in perpetuity,
in consideration of a price paid or promised, or of money, a share of crops, service
or any other thing of value, to be rendered periodically or on specified occasions to
the transferor by the transferee, who accepts the transfer on such terms.
Lessor, lessee, premium and rent defined.—The transferor is called the lessor, the
transferee is called the lessee, the price is called the premium, and the money, share,
service or other thing to be so rendered is called the rent.
A lease is a transfer of partial interest (and not absolute interest) in an immovable

property and not a transfer of ownership. Lease is considered as transfer of
property since, interest in an immovable property is considered as property. The
right to enjoyment of property is transferred for some consideration for a fixed
period. The person who transfers the property is called lessor (landlord) and the
person to whom it is transferred is known as lessee (tenant), the price is called the
premium and the money, service, share or any other thing to be rendered is called
the rent.
Essential elements of a Lease

Following are the essential ingredients to constitute a ‘valid lease’ of an immovable
property:
 The parties to the lease i.e., lessor and lessee, are necessary. Lease is based on
an agreement between parties competent to contract. A lease granted by
minor is void. The parties should be competent to enter into a contract. A
lease granted by minor is void.
 The Demise: Lease is a transfer of an interest (right of enjoyment) in an
immovable property. It is a transfer of limited estate and this limited estate
or right of enjoyment, is called demise.
 Duration of lease: The interest which is created in the property could be for a
specified period or even in perpetuity. The parties to the lease are free to
decide the duration of the lease i.e., the duration can be relaxed at the option
of the parties.
 Consideration: There should be a valid consideration paid to the lessor by
the lessee, either periodically or on specified occasions.
Primary distinctions between Lease and Licence:

1. A lease is a transfer of an interest in a specific immovable property, while licence
is a bare permission, without any transfer of an interest.
2. A lease creates an interest in favour of the leassee with respect of the property,
but a licence does not create such an interest.
3. A lease is both transferable and heritable, a sub tenancy can be created by the
tenant and on the death of the tenant, the tenancy can be inherited by his/her legal
heir, whereas, licence is neither transferable nor heritable.
4. A licence comes to an end with the death of either the grantor or the garantee,
since it is a personal contract, but a lease does not comes to an end on either the
death of the grantor or grantee.
5. A licence can be withdrawn at any time at the pleasure of the grantor but the
lease can come to an end only in accordance with the terms and condition stipulated
in the contract of tenancy agreement.
6. A lease is unaffected by the transfer of the property by sale in favour of a third
party. It continues and the purchaser has to wait till the time period for which the
tenancy was created is over before he can get the possession, whereas, in case of a
licence, if the property is sold to a third party, it comes to n end immediately.
7. A lessee has a right to protect the possession in his own right. Whereas, a licencee
cannot defend his possession in his own name as he does not have any proprietary
right in the property.
8. A lessee in possession of the property is entitled to any improvements or
accessions made to the property, while a licencee is not.
SECTION D
7. Explain the doctrine of holding out as given u/s 41 of T.P act?
The doctrine of holding out is traced back to the partnership act, 1890. It is also
known a partnership as estoppels. Every partner is liable to the firm individually
but this doctrine creates a liability of the third party to the firm because the
principle of estoppel is applied to the doctrine of holding out.
If the person represents himself as the partner of the firm or allows some other
person to represent him as the partner of the firm, such person shall not be deprived
or estopped from his representation. This is known as holding out. The principle of
estoppel is applied to holding out which is the rule of evidence because such
representation made by him or on his behalf makes another person believe and
therefore, deprived of denying his representation later. This doctrine is applicable to
retired partners when he is allowed to use his name in connection with the firm.
Therefore, the retired partner is liable by applying the doctrine of holding out.
The doctrine of holding out deals under Sec.28 of the Indian Partnership Act, 1932.
Anyone who by words spoken or written or by conduct represent himself, or
knowingly permits himself to be represented, to be a partner in a firm, is liable as a
partner in that firm to anyone who has on the faith of any such representation given
credit to the firm, whether the person representing himself or represented to be a
partner does or does not know that the representation has reached the person so
giving credit. Where after partner's death the business continued in the old firm-
name, the continued use of that name or of the deceased partner's name as a part
thereof shall not of itself make his legal representative or his estate liable for any act
of the firm done after his death.”
ESSENTIALS
 The person must represent himself as the partner or knowingly allows any
person to represent him as a partner of the firm.
 The representation must be made by either words, or written or by conduct.
DOCTRINE OF HOLDING OUT IN CASE OF OSTENSIBLE OWNER

 The transferor should be the ostensible owner of the property.
 The ostensible owner should hold out the property with the express or implied
consent of the real owner.
 The transferee must have purchased the property for consideration and act in
good faith.
 The doctrine of holding out is not applicable to involuntary transfers like auction
sales.
EXCEPTIONS
1. DECEASED PARTNER
The deceased partner is not able to act in the firm and therefore, the holding out is
not applicable.
2. INSOLVENT PARTNER
If the partner becomes insolvent and his estate is not liable to the firm.
3. DORMANT PARTNER
A sleeping or dormant partner is a partner who is not actively participating in the
firm. Therefore, neither his firm nor his customers know that he is the partner of
the firm.
CASE LAWS
Case 1.
Ram Coomar V. M.C Queen (1872) 18.
Held - The Privy Council held that Mrs. Donald was the Ostensible Owner and
hence the transfer made by her was valid. This case led to the foundation of the
Doctrine of Holding Out, which is incorporated in section 41 of Transfer of Property
Act.
Case 2.
Scarf V. Jardine., 1882 7 APP CAS 345.
Held - The retiring partner must be given the retirement notice like the
appointment notice, so that the other partners know his status on the firm. He shall
be treated as a partner of the firm by holding out because, retired from the firm
without notice.
8. Explain the various kinds of mortgage along with their essential and remedies?
SECTION E
9. What is the easement and explain main provisions of the easement act?
The concept of easement has been defined under Section 4 of The Indian Easements
Act, 1882. According to the provisions of Section 4, an easementary right is a right
possessed by the owner or occupier of the land on some other land, not his own, the
purpose of which is to provide the beneficial enjoyment of the land. This right is
granted because without the existence of this right an occupier or owner cannot
fully enjoy his own property.
It includes the right to do or continue to do something or to prevent or to continue

to prevent something in connection with or in respect of some other land, which is
not his own, for the enjoyment of his own land.
The word ‘land’ refers to everything permanently attached to the earth and the
words ‘beneficial enjoyment’ denotes convenience, advantage or any amenity or any
necessity. The owner or occupier referred to in the provision is known as the
Dominant Owner and the land for the benefit of which the easementary right exists
is called Dominant Heritage. Whereas the owner upon whose land the liability is
imposed is known as the Serviant Owner and the land on which such a liability is
imposed to do or prevent something, is known as the Servient Heritage.
In the words of great jurist Salmond, easement is that legal servient which can be
exercised on some other piece of land specifically for the beneficial enjoyment of
one’s own land. Right of easement is basically a form of privilege, the integral part
of which is to do an act or prevent certain acts on some other land for enjoyment of
one’s own land.
Other examples of right of easement includes-

 Right of way
 Right to discharge rainwater
 Right to sunlight etc
Essentials of Easements
1. Dominant and Servient Heritage
For the enjoyment of right of easement, necessary existence of two properties i.e
dominant and servient heritage is a must. This is because as per the definition, it is
the right exercised by the owner or occupier of one land for enjoying the benefit of
his/her land, over the land of some other person. Dominant and servient heritage
cannot be one. Thus, the existence of two properties and that to be separate from
each other is essential.
2. Separate owners
For exercising the right of easements, owners of the two properties shall be different
and not a single person.
3. Beneficial Enjoyment
The object of easements is that the dominant owner enjoys it in a way which
includes express and implied benefits.
4. Positive or Negative
Easements can be both positive or negative. Former refers to a right through which
the dominant owner does some act to exercise the right over the land of the servient
owner. Whereas, the latter denotes an act of prevention. In a negative easement the
dominant owner prevents or restricts the servient owner from doing certain act or
acts.
10. Write the definition of transfer of property? Also explain what cannot be
transferred?
Same as Q4 in Section B
SET-B
(a) section 29
(b) section 26
(c) section 27
(D) section 25
6. The chapters and sections of the Transfer of Property Act, 1882, which relate to
contracts shall be part of:
(a) Mohammadan
(b) Christian law
(c) Parsi law
heir-apparent succeeding to an estate, the chance of a relation abstaining a legacy on the
death of a kinsman, or any other mere possibility of like nature:

11. Under the provisions of section 6 of the Transfer of Property Act, 1882, a mere right of
re-entry for breach of a condition subsequent cannot be transferred to any one except the
owner of the property affected thereby
13. According to the provisions of the Transfer of Property Act, 1882, all interest in
property restricted in its enjoyment to the owner personally cannot be transferred by him

18. 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
property.

(c) (II) is correct
subject to conditions or limitations making interest therein to the benefit of person to lease
on his becoming involved or endeavoring to transfer or dispose of property, such condition
is:
(a) valid
(b) void
(c) partly void
(a) section 29
(b) section 26
(c) section 27
(D) section 25
23. 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

(a) 1880
(b) 1881
(c) 1882
(d) 1883.
(a) 1880
(b) 1883
(c) 1884
(d) 1885.
(d) 1st July, 1882.

(d) section 19 of TP ACT 1882.
SECTION A
1. What is the gift? Explain all provisions of gift?
2. What do you mean by lease of immovable property? Also explain difference between
lease and license?
SECTION-B
3.Define the rule of Lis pendens in detail?
4.What is mean by transfer of property? What properties may not be transferred?
SECTION- C
5.Explain fully the object and scope of the transfer of property act 1882?
6.Define actionable claim and discuss the mode in which it can be transferred?
SECTION- D
7. What is the easement and explain main provisions of the easement act?
8.Write the definition of transfer of property? Also explain what cannot be transferred?
SECTION -E
9. Explain the doctrine of holding out as given u/s 41 of T.P act?
10. Expalin the various kinds of mortgage along with their essential and remedies?
SET-C
subject to conditions or limitations making interest therein to the benefit of person to lease on his
becoming involved or endeavoring to transfer or dispose of property, such condition is:
(a) valid
(b) void
(c) partly void
(a) section 29
(b) section 26
(c) section 27
(D) section 25
3. 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
(a) 1880
(b) 1881
(c) 1882
(d) 1883.
(a) 1880
(b) 1883
(c) 1884
(d) 1885.
(d) 1st July, 1882.

(d) section 19 of TP ACT 1882
(a) section 29
(b) section 26
(c) section 27
(D) section 25
16. The chapters and sections of the Transfer of Property Act, 1882, which relate to contracts
shall be part of:
(a) Mohammadan
(b) Christian law
(c) Parsi law
heir-apparent succeeding to an estate, the chance of a relation abstaining a legacy on the death of
a kinsman, or any other mere possibility of like nature:

21. Under the provisions of section 6 of the Transfer of Property Act, 1882, a mere right of re-
entry for breach of a condition subsequent cannot be transferred to any one except the owner of
the property affected thereby
23. According to the provisions of the Transfer of Property Act, 1882, all interest in property
restricted in its enjoyment to the owner personally cannot be transferred by him

28. 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
property.
(c) (II) is correct

SECTION A
1..Define the rule of Lis pendens in detail?
2.What is mean by transfer of property? What properties may not be transferred?
SECTION B
3.Explain fully the object and scope of the transfer of property act 1882?
4.Define actionable claim and discuss the mode in which it can be transferred?
SECTION C
5.What is the easement and explain main provisions of the easement act?
6.Write the definition of transfer of property? Also explain what cannot be transferred?
SECTION D
7.Explain the doctrine of holding out as given u/s 41 of T.P act?
8.Expalin the various kinds of mortgage along with their essential and remedies?
SECTION E
9.What is the gift? Explain all provisions of gift?
10.What do you mean by lease of immovable property? Also explain difference between lease
and license?

LL.B. Property Law - Solutions

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QUESTION BANK

(c) partly void

(d) none of the above.

3. Provision of longer period in the matter of accumulation of property under section 17 of

4. The Bill on Transfer of Property was referred to

(a) First Law Commission

(b) Second Law Commission

(c) Third Law Commission

(d) Fourth Law Commission.

6. The Transfer of Property Act received its assent on

(a) 17th February, 1882

(b) 22nd February, 1882

(c) 23rd February, 1882

(d) 27th February, 1882.

8. The Transfer of Property Act, 1882, came into effect from

(a) 17th February, 1882

(b) 27th February, 1882

(c) 17th March, 1882

(d) 1st July, 1882.

9. provisions of section 12 of the TP Act 1882

(a)does apply to a condition ina lease for the benefit of lessor

(b)no such condition is made under such provision

(d) none of the above

(a) section 20 of TP ACT 1882

(b) section 21 of TP ACT 1882

(c) section 18 of TP ACT 1882

(d) section 19 of TP ACT 1882

11. under the provisions of the transfer of property Act 1882.

(a) a mere right to sue can be transferred

(b) a mere right to sue cannot be transferred

(c) no such provisions is made in this act

(d) none of the above

12. According to Transfer of Property Act, 1882

(a) testamentary instrument

(b) both testamentary and non testamentary instrument

(c)instrument means anon testamentary instrument

d) none of the above

a) attested by two or more witnesses

(b) attested by one witness only

(c) attested by two witnesses only

(d) no condition prevails.

14. Under the Transfer of Property Act, 1882, registered pertains to

(a) registration of property

(b) registration of documents

(c) registration of parties

(d) none of the above.

(a) Indian Registration Act, 1908

(b) Sale of Goods Act, 1930

(c) General Clauses Act, 1897

(d) Indian Contract Act, 1872.

(a) Indian Contract Act, 1872

(b) Indian Registration Act, 1908

(c) General Clauses Act, 1897

(d) Sale of Goods Act, 1930.

(b) Christian law

(c) Parsi law

(d) none of the above.

(a) company or association or body of individuals

(b) individual human being only

(c) only important company or associations

(a) cannot be transferred

(b) can be transferred

(c) can be transferred subject to certain conditions

(d) none of the above.