The

Transfer of Property Act, 1882

b) provision of section 55 aPplies to batter « 305
movable goods 236. The
gift of future
(c) rovision of section 55 applies to sale of
(a) void property is

aion of section 55 applies to (6)voidable

C) valid
d also. exchange (d) conditionally void.
37. A
On an exchange ot money, each party thereby gift to
two or more *OEes
donees, ofof whom one
one
3 rants the genuneness or the money given n o t accept, it is
is ta)
by
him. Ihis provision c ealt in void as to interest which he would have
by
nion 120 of the Transfer of Property Act, 0)
taken had he
accepted
1882 valid as to the interest which he would
ction 121 of the Transter of Property Act, have taken had he
accepted
(C) voidable at the option
1882 of donor
(d) valid at the
on 122 of the Transfer of
Property Act, 238. The onerous option of heir.
1882 gift is dealt in
(a) section 127 of the Transfer of
is not dealt in this Act. Property Act,
(d) 1882
he property as subject matter of the section 122 (b)
32 1Transfer of Property Act, 1882, section
1882
126 of the Transfer of
Property Act,
of the includes
(a) only movable property (C)section 125 of the Transfer of Property Act,
1882
b) only immovable property (d) section 124 of the Transfer of Property Act,
c) both immovable property and movable
1882.
property 239. Where
(d) land only. a
gift consists of the donors whole
3. In case of gift, the donee dies before property, the donee is personally liable for all
he debts due by and liabilities of the donor
acceptance then at the time of the gift to the extent of the
(a) git is valid property comprised therein
(b) gift is void (a) this is the provision under section 128 of
(c) gift is reduced the Transter of Property Act, 1882
(d) court has to decide. (6) this is the provision under section 129 of
234. In case of immovable property, the transfer the Transfer of Property Act, 1882
must be affected by a registered instrument 130 ot
s s tne proviSion under section
(a) signed by or on
behalt ot
the donor and the Iranster of Property Act, 1882
(a) this is the proviSion under section 13I of
attested by atleastbehalf
two to ofwitnesses
and
the donor
the 'Transfer of Property Act, 1882.
(6) signed by onor
240. The Chapter that deals with g er the
attested by at least one witness only
(c) signed by or on behalf of the donor
and Transfer of Property Act, 1882
(a) applies to Mohammadan git also
attestation of witness not required (6) does not apply to Mohammadan gift
(d) only signed by donor, and no one can sign
to all etc.
on his behalf. (c) applies caste, creed,
(d) applies to Parsi gift only.
235. In case of gift of movable propety the
be affected either by a registered
241. The transfer of an auctionable claim
transfer may and such whether with or without consideration
instrument signed or by delivery as shall be effected only by the execution of
be made in the same way
uevery may an instrument in writing signed by the
goods sold may be delivered. transferor or his duly authorised agent, shall
ta) this is the part of provision under the be complete and effectual upon the execution
Act,
Transfer of Property and
section 123 of the such instrument and allupon rights
the
of
transteree.
1882
(0) this is the part of provision under section remedies shall be vested
under
This is the provision
Property Act, T664izu
of the Transfer of of the Transfer of Property Act,
122 (a) section 130
is part of provision under section 1882
this Transfer of Property Act,
Act, 1004 section 131 of the
O the Iransfer of Property under section
(b)
d) s the part of provision
10o-
1882
19 of the Transfer of Property Act,
 Examination
Service
Questions for Judicial
Multiple Choice
88 of the above.
(d) none

interest in the former case, Y but in case she dies

ta) becomes vested in the late, X marrieshetowould
54. lifetime, transfer the propertoiZ
of the event,
on the haPpening of event
becomes

when the happening X and Yperish together, under circumstan

to probe that
impossible interest
which make it impossible
does not become vested died before him. The disposition of property
(D) interest does not depend upon
in favour of Z:
(C)vested of event
or not happening does not take effect
happening (a)
(d) none of the above. (b) takes effect
interest 1s
of contingent another contractto
49. The provision (c) disposition is subject
provided in 20 of the Transfer of Property Act, (d) none of the above.
(a) section
1882 55. Under the provisions of
section 29 of the
Transfer of Property Act, 1882 an ulterion
of Property Act,
(b) section 21 of the Transfer
disposition of the kind contemplated in the
1882 28 can not take
Act
provision of section effect
()section 22 of the 1Transfer of Property
unless:
1882
section 23 of the Transfer of Property
Act, (a) condition is strictly fulfilled
(d) condition is not fulfilled
1882. (b)
correct
50. Where interest on transfer of property is
(c) only (6) is
in favour of members only of a class (d) none of the above.
created
as shall attain a particular age: of transfer of property under
56. In case
in member if the ulterior
(a) does not
such interestwho
vest any Transfer of Property Act, 1882,
has not attained that age valid then
of the class disposition is not
(6) such interest vests in hasany
member (a) the pior disposition
is affected by it
not attained
of class who affected by it
irrespective (b) the prior disposition is not
that ge is prevailed under the
the Act ()no such condition
(c) no such provision is made under Transfer of Property Act, 1882

(d) none of the above. of the above.

(d) none
and after
51. A transfers property to B for life 57. A transfer a garden to B for her life, with
his death to C and D, equally to be divided certain
in case B cuts down a

to the survivors of
them.
a proviso that,
between them or
the transfer shall cease to have any
of B. D survives B. At B's
wood,
C dies during life effect. B cuts down the wood. Decide the case
death the property in thelight of Transfer of Property Act, 1882
(a) shall pass to D
(b) shall pass to any person (a) Bloses his life interest in the firm
(C)shall pass to person who is specifically (b) B does not lose his life interest in the firm
the
named in transter (C) no such provision is made under
of the above. Transfer of Property Act, 1882
(d) none

conditional transfer is (d) none of the above.

52. The provisions of
1882
provided in the Transfer of Property Act, 58. Under the provisions of section 35 of
the

(a) section 25 Transter of Property Act, 1882, where a

(6) section 26 person professes to transfer property Whicn
he has no right to transfer, and as part of the
(C)section27 on the
(d) section 29. same transaction confers any benefit
X transfers Rs. 500 to Y on condition that he of the property then
53.
shall execute a certain lease within three
owner to confhirm
(a) such owner must elect either
months after Y's death, and, if he should to dissent from it
such transfer or

neglect to so to L. It
do Y dies
in X's life time. (6) such owner can elect to confirm Sucn

(a) the disposition in favour ofZ takes effect transter only

(b) the disposition shall not take effect
in
(C) such owner can dissent from transfer ony
favour ofz

(c) the dispositicn requires further conditions (d) none of the above.
 298
Multiple Choice Questions for Judicial Service Examination
Act, 1882, where the (a) estoppel
improvements to

Ogaged property is affected at the cost or (6) no estoppel

e mortgagee and is necessary to preserve (c) such

no
provision prevails in law
property from destruction, etc., then the (d) none of the above.

a
mortgagor
shall not be liable to pay cost
165. When a
mortgagor dies, his heir is t
to
(6) shall be liable to pay cost pay the public charges
nue and municipal taxes. The
viz. Cob
o n l y (a) is correct statem
(a) true within the meaning of section
(d) none of the above.
bu. the Transter of Froperty Act, 1882 of
Within the meaning of section 63A of the
Transfer of Property Act, 1882, it is evident
(b) false within the meaning of section
the Transfer of Property Act, 1882 of
that this section lays down a uniform rule,
(c) partly true within
65 of the Transfer ofthe meaning of
and provides that the mortgagor is liable to
sechi
pay the cost of improvements only if they are: Property Act, 188
from
(d) none of the above.
to preserve the property
necessary 166. Within the
destruction or deterioration or
(2 necessary to prevent the security from
section
65A of the
o
Property Act, 1882 a mortgagor shall hav
Transfer
to
becoming inadequate, or power make leases
thereof which shall b
(3) done under the order of public authority such binding on the mortgagee.
as a municipality. (a) such power to lease
all are provisions of sub-section (2)
Is
subject
(a) equally relevant
(b) only (1) is relevant (b) such power is wrong
only (2) is relevant
(d) either one is relevant.
(c)such power is not provided in the
of Property Act
Transfer
(d) none of the above.
161.
In case ofrenewal
obtains
mortgaged lease, if the mortgage
of the lease, the 167. The
a
mortgagor
made
mortgagors power to
lease would be
upon redemption:
(a) shall not have the benefit of new lease
in the ordinary course of
management
of the property in accordance with any local
(6) shall have the benefit of new lease law, custom or usage. The statement is:
()shall have benefit of previous lease (a) wrong
(d) none of the above. (b) correct
162. The provisionof the renewal of mortgaged (c) ambiguity
lease is dealt in: (d) none of the above.
(a)section 63 of the Transfer of Property Act, 168. Within the meaning of section 66 of
the
1882 Iransfer of
b) section 63A of the Transfer of Property in
Property Act, 1882, mortgagor
Act, 1882
possession of
not liable to the
the
mortgaged property is
(c) section 64 of the Transfer of Property Act,
mortgagee for
allowing the
property to deteriorate. The statement is;
1882 (a) wrong
(d) section 65 of the Transfer of Property Act, (b) correct
1882.
(c)ambiguous
163. The provision of the implied contracts by (d) none of the above.
mortgage is64dealt in the: 169. Which of the provision is true in the light of
(a) section of the Transfer of Property Act, the section 66 of the Transfer of
1882
1882
Property Ac
(b) section 65 of the Transfer of Property Act,
(a) a security is sufficient
unless the value of
1882
the
(c) section 65A of the. Transfer of mortgaged property exceeds by 1/3,
Act, 1882
Property o Tr consisting of buildings, exceeds by
1/2, the amount for the time being due on
(d) none of the above. the mortgage
54. When the mortgagor is a trustee to the public (6) a security is insufficient unless the value
purpose, there is: of
the mortgaged property exceeds by 1
or, if consisting of buildings, exceeds Dy
 rhe
Transfer of Property
roperty Act, 1882
h) On attaining the age of majority
birth
his
ic) Upon
of the above. (c) Doctrine of
d)
vements to ofmortgaged
(a) Doctrine of Lispendens
260. Under Transfer Acquiescence
orovided inwhich foilowingoperty
the is
sections of
of T.P. Act 1882 One or the followingProperty
is not
Act, 1882
whicn
Section5 a) Transfer by ostensible correctly matchea
Section () Fraudulent transfer- owrner- Section 4l
Section
63 A C) Doctrine of Section 53
(c)
(d) Section 65. (d) lispendens- Section
Doctrine of part 52

hich of the tolowing property mav

may be
261. Under
Section 104 the o
performance-Section 53-5
erred under TPA 1882 Act, 1882 on whom
ran Pubuc office the
h e power of makinPey
power of making rules
(a) confered?
(b) Spec successionis (a) State Government
(6) Central Government
cPension
Property which has not been
prohibited by
(c) High Court
law ot TPA. (d) Supreme Court
nsfer of property to an unborm person is 262. A notice under Section 111
5. of the Transfer of
prova under which section of the TPA 1882 roperty Act, 1882 can be waived
(a) section 10 (a) by
express implied consent
or ot the
(b) Section 11 person to whom it is given
(D)
(c) Section 12 by implied consent of the person to whom
it is givenn
(e) Section 13.
(C)
156. Doctrine which required that the transferor by express consent of the
person to whom

must deliver the subsequently acquired s given

(a) by notice from either party
property to the transteree who acted upon his 263. All the provisions which apply to
false representation and did harm to himself shall so far as a. ***********

may apply
to a
Cnange
by money for what he could not get, is
paying Lease
a)
callea
a) Rule against unjust enrichment
b) License
(c) Simple mortgage
(b) Implied consent (d) Usufructuary mortgage
(c) Feeding the grant by estoppel 264. The Supreme Court laid down the distinction
(d) Doctrine of substantial compliance
between rent and premium in
(a) CommiSsiorier of Income Tax v. Panbari Tea Co.
257. A document required to be registered underis (b) Mangilal v. Sugan Chand
Section 17(l-A) of Registration 1908,Act,
not registered. Then the document will have (c) Associated Hotel of India v. R N Kapoor

no effect for the purposes o f ofTransfer (d) None of the above

of Property Act, 1882. 265. In the matter of waste by mortgagor in
the
(a) Section 114 A possession of the mortgaged property,
mortgagors liability comes into question when
(b) Section 53 A
not the property from
Section 130 A (a) He does prevent
being deleriorated
(d) Section 63 A of occurred by his
(b) The waste property
8.
Which of the following gift is 1882r
not governea omission
Act,
y the Transfer Property
of
(c) He does not
any act which is destructive,
(a) Onerous gitt but the security is sufficient

(b) Mortis causa gift is destructive, but

(d) He does anyis act which
) Universal git security
the
insufficient

not include
d) Gift to disqualified person does
266. "Transfer of Property"
9. Which of the following finds
41
docafer
of Transter of or (a)sale
(b) Lease
PPication in Section
Operty Act, 1882? (c) Will
(a) Doctrine of (d) Gift
of HoldingCrant by Estoppe
by Estoppel
the Grant
octrine Feeding
306
Multiple Choice Questions
for Judicial Service Examination
(c)section
1882 132 of
the Transfer of
Property Act, (a) no court of
(d) section 133 of
the Transfer of
justice shall
instance any auctionable
1882. Property Act, (b) court of enforce ath
claim
242.
Every notice of transfer of an justice shall enforce
auctionable claim
shall be in
writing, signed actionable claim (c)such court
by the transfereror
or his agent in case the transferor
or (d) none of the ofabove.
justice has jurisdiction to
S1gn, by the transferee or his agent refuses to 247. The o ty
State the name and address of
and
shall
the transteree.
provisions
of Property Act
of sections under the
This is the provision under (a) shall not Trans
(a) section apply to
130A
Act, 1882
of the Transfer of
Property debentures or to stocks, shares
(6) section 130 of the Transfer
1882
of
Property Act,
negotiable
(b) shall applymercanile instruments
or
documents te
to
negotiable instruments
)shall apply subject
(c)section
1882
131 of the Transfer of
Property Act, (d) same to certain conditions
provisions shall
(d) 248. The Transfer of apply.
is not relevant in the Transfer of the Property Act, 1882, define
Act, 1882. Property phrase "attached to earth"
but
243. The
transferee of
definition of
immovable gives no
shall take it
an
auctionable claim property
excluding standing similar growing beyond
subject to all the
liabilities and grass crops and
equities and to which the transferor is
subject (a) these
in respect thereof are no
doubt excluded
(a) at
the date
transferof are
only useful as
because they
(6) before any date of transfer timber,
after they are severed com and
from the land fodder
(c) before 15days of date of b) there are
(d) after 15 days from date oftransfer
excluded
severed from land
because they are
not
244. Where the transter.
(c) timber is not a
transferor of
a
solvency of the debtor, the debt warrants the
(d) crops is not a subject
subject under the Act
onlyto his
solvency at the
warranty applies 249. A "benefit to arise out of land"
under the Act.
and transfertime of
limited,
consideration towhere
the
transfer is made Transfer of under the
the amount of value of for in land and Property Act, 1882, is an interest
consideration. This is the provision undersuch therefore:
(a) immovable property
(a) section 133 of the Transfer of
1882 Property Act, (6) movable property
(b) section 133 of the Indian Contract (c) not a
subject under the
1872 Act, Transfer of
Property Act, 1882
()section
1897
133 of the General
Clauses Act, (d) land
of
is not a
provision under the Transfer
(d) section 133 of the Indian Property Act, 1882.
Registration 250. As
1908. Act, a
policy the possession is the
(a) five point ownership
245. Where a debt is
securing an
transferred for
the purpose off (6) severn point
ownership
so existing or future debt, the debt (C) nine point
ownership
transferred,
recovered by the
if
received by the
transferor or (a) ten
point ownership.
transferee is
applicable first, 251. Doctrine of Part
in payment cost
of
the provision of
of such recovery. This is performance for underor
Immovable property is envisagedsale
which section of Transfer of Property At
a) mortgaged debt
(6) gift 1882
(a) Section 52
auctionable claim
(d) lease. (b) Section 53 A
246. No judge, legal (c) Section 53
connected with any practitioner
or officer (d) Section 54.
or traffic in,
Court of Justice shall
buy 252. Under TPA 1882 when can an unbom
or stipulate for or agree to receive pe
any share of, or interest in, any actionable got vested interest in the property given to
claim and (a) Upon his marriage
 290 Choice Questions for Judicial ServIce Examination
Multiple

Sarkar v.
Chhaya Dey Sarkar, ()perpetuity sale
eDey
AIR 1991 Cal 39. (d) price less sale.
70.
Under the provisions of section 40 of the 76. Under the provisions of section 41
Transfer of Property Act, 1882, the right Transterot Property Act, 1882, these
referred to in First Paragraph of this section conditions: some
refers to: (1) Transferer is the ostensible owner.
(a) right of transferer as against purchase (2) He is so by
the consent, express
from a transferee to restrain the breach of implied, of the real owner.
a negative covenant (3) Transfer is for consideration.
(4) Transferee has acted
(b) negative right of
transferer as against in good faith, takin
reasonable care to ascertain that the
purchaser from a transferee to restrain the transfe
breach ofa negative covenant had power to
transter. nsterer
(c) mixed right of both purchaser and (a) only (1) and (2) are required
transterer (6) only (0), (2) and (3) are required
(d) none of the above. (c) only (3) and (4) are requiredd
(d) all are required.
71. Within the meaning of section 40 of the
Transfer of Property Act, 1882, the purchaser 77. Possession of a
manager cannot be treated as
at a court sale: ostensible ownership with the
consent of the
is not transferee by operation of law real
(a) a
owner. This was helav. in case of:
(6) is a transferee by operation of law (a) Seshumulla M. Shan dayed Abdul Rashid,
(c) is a transferee by operation of law and AIR 1991 Kant 273
not a transferee within the meaning of (b) Ved Kumar v. Union of India, AIR 1989
section 4 NOC 136
(d) none of the above. (c) Motimul Sowvar v. Vijalakshi Ammal, AIR
1965 Mad 432
72. The transfer by ostensible owner is provided
section of the Transfer of
(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori
in Property
Act, 1882
(a) section 38 78. Inaccuracy in the recitals describing the
(6) section 39 property:
(c) section 40 (a) cannot whitle down the efect of clear
(d) section 41. recitals in the documents about the
property to be sold thereby
73. With the express or implied consent of
(b) can whitle down the effect of clear recitals
a
interested
person
person in immovable property,
is the ostensible owner of such in the document about the property to be
for sold thereby
property and transfers the same (C) cannot depend upon the inaccuracy or
shall not be:
consideration, then the transfer accuracy of recital describing property
(a) voidable
(d) none of the above.
(b) void
valid 79. Under section 42 of the Transfer of Property
(d) none of the above. Act, 1882 if a person has a right to transter
property, after exercising a right to revoke a
of
74. The section 41 the of Transfer Property Act
1882 is the statutory apPplication of the law of previous transfer, a transfer of such property
by him will imply an exercise of:
estoppel. The statement is (a) right of revocation
(a) true
(b) false
(b) right of transfer

(c)partly true C)right of surrender

(d) none of the above.
(d) the above.
none of
80. Section 43 of the Transfer of Property
5. Section 41 of the Transfer of the Property Act whom a
transters and has no Act, 1882 enables a transferee to
1882 applies to voluntary transterer has made a fraudulent or erToneous
application to: or
to lay hold, at his option,
(a) court sale representation
any interest:
(b) contingent sale
 The
Transfer of Property Act. 1882
287
apply to a condition in a lease for
b)
1 o e s

the
benefit of lessor
of some sections shall not
such condition er of property for apply
made
s
under suchh the n
the benefit of
provisionn

the public in the advancement

none
of the above. of religion,
knowledge, commerce, health, safety
(d) any
against the perpetuity is provided
e
les
rule
other object beneficial to mankind. or
sections are: These
8section Or ransrer ot Property
e
(a) 13, 14, 15 and 16
J882
(6) 14, 16 and 17
(c) 14, 16, 17 and 18
b) (d) 14,15 and
6
44.
20.
d)
The provision of vested interest is provided
of property
transfer which
No interest ereat can operat
(a) section 18 of the Transfer of
19.

n
1s to take effect after h
1882 Property Act,
ífe time one or more persons
ot the
livine (b) section 19 of the Transfer of
date of such transrer. 1nese provisions come
1882 Property Act,
under:

C)section 20 of the Transfer of Property Act,

ta) rules against retrspective transfer only 1882
rules against perpetuity (d) section 21 of the Transfer of Property Act,
(c) rules against proSpective transfer 1882.
none of the above.
(d) 45.
According to the provisions of section 19 of
0, Under section 16 of the Transfer of Property the Transfer of Property Act, 1882
Act, 1882 where an interest created for the (a) the vested interest is not defeated by the
benefit of a person or class of persons fails death of the transferee before he obtains
then: possession
(a) any interest created in the same transaction
intended to take effect after or upon failure ()vested interest is defeated by the death of
transteree before he obtains
possession
of such prior interest also fails (c) no such provision is made
(b) any interest created in the same (d) none of the above.
transaction and intended to take effect 46. Under the provisions of the Transfer of
after or upon failure of such prior interest
does not fail Property vested
Act, 1882, the unborm person
interest on transfer for his
acquires
(c) such failure does not affect benefi

(d) none of the above. (a) upon his birth

41. Provision of longer period in the matter of (b) 7 days after his birth
accumulation of property under section 17 of (c) 12 days after his birth
amounts to
the Transfer of Property Act, 1882 (d) no such provision is made in the Act.
(a) 18 years
47. Under the provisions of the Transfer of
(b) 20 years Property Act, 1882 an unborn person acquires
(c) 22 years
(d) 25 years.
vested interest on transfer upon his birth,
although
42. Under the provisions of section 17 of (a) he may not be entitled to the enjoyment
the Transfer of Property Act, 1882, the immediately on his birth
be
ncome
arising from the or property shall (b) he is entitled after 7 days after his birth
accumulated either wholly in part during
a
( n o such provision is made
period (d) none of the above.
a) longer than life of the transferor 48. In the context of contingent interest in case
(b) shorter than life of transferor
of uncertain event or if a
happening of a event
cnosuch period is mentioned specified uncertain a happen,
shall notinterest
(d) none of the above. such person acquires contingent in
S. Under the provisions of section 18 of the the property. Such interest
ransfer of Property Act, 1882, the provisions
 304
Multiple Choice Questions for Judicial Service
222.
Anotice under section Examination
111 of the
roperty Act, 1882 can be
waived:
Transfer or 226. The
expression
a) by
express Transfer of "holding over"
person to whom itimplied
or
consent of tne
sense ot Property Act, is used 1882 Ander
is
given
Oy implied consent of the is made retainin8
between possession. a
A in t
distinc
it is given person to wnom
possession after tenant
continuing
lease without the the determination
b y express consent of
ot the landlord, the
of
it is given the person to whom a tenant consent
doing so with
(a) (a) the
landlord's consenand
by notice from either the tormer
is ce
called
223. Section 114 of the party. sufferance" and "ternant a
231
Act, 1882, affords Transfer of
Property called "tenant the latter clasSS of tenantsis
protection to the tenant (b) the former holding over tenant at will a
against forfeiture while the is
tenant at will"called
and tenant
tenant
the immunity from eviction enjoys latter is holding over a
the
payment of rent,
for default in by sufterance" called enant
the land lord
gets the (c) former is
corresponding benefit of
such areas as are not recovery even of called sub-tenant latter is
forfeiture lessor called
legally recoverable.
Such an equitable provision (d) none of the
above.
as is
shallgovern only to such an extentengrafted 227. The
leases for
does not run counter to any specific which agricultural
exempted from Chapter purposes
V of the are
provision. This was held in: statutory Property Act, 1882 because: Transfer of 23
(a) Shyam Bhagwan (a) rights of
AIR 1994 MP 52 Dubey
v. Shaikh Nizanm1, which have
parties are regulated by
embodied
to a great extent usage
been
(b) Prithivichand Ramchand in
Actslocal
Shinde, AIR 1993 SC 1929 Sablok v. S.Y. (b) rights of
parties are not vested rights
(c) Vasant Kumar
Radhakrishan v. Board of (C) rights are not provided in this Act
Trustees of Port of (d) lessee
Bombay, AIR 1991 SC 14 228. Within the
possesses more right.
(d) Ramesh 233
Kumar Jha v. Official meaning ofsection 118 of the
Court of Bombay, AIR 1993 Bom Assignee, High Iransfer of
Property Act, 1882 when two
374. or
224. Within the meaning more persons muually
Iransfer of the
of
section 114A
of the ownership of one thing for the transter theof
Property
Act, 1882, where another, neither thing or both ownership
lease of things being
immovable
by forfeiture property has determineda money only, the transaction is called:
for a breach (a) a transter
234
condition which of an express (b) an exchange
thereof the lessor provided that on breach
may re-enter no suit for a lease
ejectment shall lie: (d) an eviction.
(a) unless and until the lessor 229. If any
has served on party to an
the lessee a notice in exchange or
any person
(6) without any notice inwriting8 claimingof through under such
or
party is
by
(c) writing
only on oral assent
reason any defect in the title of other
party
deprived of thing or any part of the thing
(d) only on lessor's consent. received by him in exchange then
225. Surrender (a) such other
under section 115 of the Transfer party is liable to him or
any 235
of
Property Act, 1882 being voluntary a
person claiming through or under him for
loss caused thereby
act, the principle applies that the lessee
cannot derogate (b) such other
from his party is not liable
surrender to the lessor, own grant and by (c) only (6) is correct
that he has destroy the
rights (d) none of the above.
created in the sub-lessee, the
surrender, therefore operates as
230. Within the meaning of section 120
tne ot
subject to:
a
grant,
Transter of Property Act, 1882, the paties
(a rights of lessor to an exchange, each have the ights a
(b) rights of lessee 1abilities of a seller of the thing given and
buyer of the thing taken whereas:
(c)right ofsub-lessee
(d) no condition.
(a) the provision of section 55 applies to an

exchange of land
 The
Transfer of Property Act, 1882
295
(c) only(1), (2), (3) and (4) are relevant
(d)
(d) only (2), (3) are relevant. none of the above.
A lessee 1s not entit to the right of 132. These are some characteristics
narshalling under the section sutructuary mortgage under section 58 ofa
of the
(a) 55 of the Transter of Property Act, 1882
There
Transferisof Property Act, 1882
b) 56 of the Iransrer ot Property Act, 1882 personal liability
no on

(c) 57 of the I ransfer of Froperty Act, 1882

(2)
mortgagor.
No time limit is fixed.
none of the above.
(d) (3)
127. The object ot section 57 of the Transfer of
Mortgagee takes the whole or part of the rent

Property Act, 1882 is to:

and profits.
(a) only (3) is relevant
(a) facilitate
the sale
of encumbered
estates by (6) only (2) is relevant
taking the encumbrance off the title before (c) only (1) is relevant
sale (d) all are relevant.
b)is not to facilitate the sale of encumbered
133.
estates by taking the encumbrance off the Zuripeshgi lease bears a close resemblance
to usufructuary mortgages, but are not
title betore sale
(c) only (6) is correct mortgages:
(a) unless the lease is for the particular
(d) none of the above.
Purpose
128. Within the meaning of section 58 of the (6) unless the lease is for the purpose of
Transfer of Property Act, 1882 a mortgage is a securing a debt
transfer of an interest in specific immovable (c) only (a) is
correct
security for the of (d) none of the above.
property as repayment a

debt. 134. These are some requisites of an equitable

(a) such interest itself is immovable property
(b) such interest is not immovable property 1)
mortgage:
a debt
c) question of interest does not arise a(3) andeposit of title deeds
none of the above.
intention that the deeds shall be security
(d)
for the debt
129. The Transfer of Property Act, 1882, refers to
(a) only (1) is relevant requisite
and the
property
mortgages or immovablerefers (b) only (2) is relevant requisite
to:
Indian Contract Act, 1872 (C) only (3) is relevant requisite
(a) pledges of immovable property
(d) all are relevant requisites.
(b) mortgages of immovable property
135. Section 60 of the Transfer of Property Act,
() pledges of immovable property 1882 affirms a right of redemption
(d) none of the above. (a) in some particular mortgages
enumerates some classes
130. Section 58 (6) in all mortgages

mortgages: (c) not inasingle mortgages also

(1) Simple mortgage (d) none of the above.
conditional sale
(2) Mortgage by 136. The mortgagor in Indian
law is the owner
(3) Usufructuary mortgage who had parted with some rights
of

(4) English mortgage the rights of redemption is

a
ownership and virtue of his:
(5) Equitable mortgage right which he exercises by
(6) Anonmalous mortgage (a) pecuniary ownership
are relevant
(a) only (1), (2) and (3) (b) residuary ownership
are relevant
(b) only (4),3 and 2 () conditional ownership
and (6) are relevant
(c) only (4), (5) (d) none of the above.
(d) all are relevant. to
redeem
mortgagors right to enforce:
usufructuary mortgage has a
the 137. When the has right
131. In case
of and accrues,
the
mortgagee
a

mortgagee
is
placed in possession (a) his security
right to enjoy the rents and profits: (b) his interest
the debt is paid
(a) until ()only (6) is correct
is rescinded
(b) till the contract (d) none of the
above.
(6) is correct
() only
 The
Transfer of Property Act, 1882
297
orincipal and interest are paid out of the
uct, and thesuit isone
for the recovery (d) none of the above.
of possessid rather than redemption. These 154. Within the
section 63 ofmeaning
of the
statements
the Transfer of provisions of
false Property Act
1882 the acquired accessions being
(a) separable,
(D)
(c)
true
are subject matter of clause (b)
the mortgaor is not bound to take them,
but if he does take them, he
none of the above. mortgagee, the expenses of
must the
acquiringpaythem.
(d) The statement is:
The law will not allow the mortgagor to
49.
discharge the debt before the prescribed (a) false
period in a manner not contemplated in a (b) true
contract. This ruling refers to: (C) partly true
(a) section 62 ot the lndian Contract Act, 1882 (d) none of the above.
(b) section 62 ot the Iranster ot Property Act, 155. Under section 70 of the Transfer of
Property
1882 Act, 1882, the natural accessions are additions
(c)section 62 ot the Indian Registration Act, and becoming incorporated in
1908
the security
it, are subject to:
(d) section 62 of the General Clauses (a) redemption
Act, 1897. (b) not to be redeemed
(c) further accession
150. To an anomalous mortgage section 60 of (d) none of the above.
the Transter of Property Act, 1882 applies
156. When the acquired accessions are
whereas to an usufructuary mortgage
nseparable, the mortgagor has no option but
(a) section 62 applies He is theretore
to take them
on redemption.
(b) section 61 applies liable to pay the cost only if:
(c) section 63 applies (1) the acquisition is neces5ary to preserve the
(d) section 64 applies. forfeiture or sale.
(2)
property from destruction,
the acquisitions made with his consent.
151. Section 63 of the Transfer of Property Act,
(1) and (2) are corect
1882, deals with some of accession: (a) both
(b) only (1) is correct
(1) Natural accessions
(c) either (1) or (2) is correct
(2) Acquired accessions which are separable (d) only (2) is correct.
(3) Acquired accessions which are inseparable 157. The provision for the improvements
to the
relevant
(a) both (1) and (2) are mortgaged property is dealt in:of
(b) both (2) and (3) are relevant
(a) section 62 of the Transfer Property Act,
relevant
(c) (1) and (3) are
both 1882
relevant. 63 of the Transfer of Property Act,
(d) all (1), (2) and (3) are (b) section
1882
152. Section 63 of the Property Act,
Transfer of
section 63A of the Transfer
of Property
(c)
1882, refers to the mortgagor's rights to Act, 1882
accessions made by mortgage, while the of the Transfer of Property
to accessions made by the (d) section 63B
mortgagee's right Act, 1882.
is referred in
mortgagor 158. Where, during the continuance of the
(a) section 70
mortgage, the mortgaged property in the
been
(b) section 71 mortgagee has
of the
possession
(c) section 73 improved then:
entitled to the
(d) section 76. (a) the mortgagor shall be
Transfer of Property Act, improvement
153. Section 63 of the shall not be entitled to
the mortgaged (b) mortgagor
1882,lays down that where mortgagee has
improvement
possession of
property in accession, the mortgagor upon (c) only (6) is
correct
receivedany of the above.
entitled to (d) none
redemption is of the provisions
of
159. Within the meaning of Property
(a) interest section 63A of the Transter
(b) such accession

(C)accretion
 292
Multiple Choice Questions for Judicial Service Examination
. A
lessee cannot appeal this 96. Section 52 of
Transter of Propert
or the Transfer of Property Act, section
to
1882. The 1882 imposes a prohibition on trane Aa
statement is otherwise dealing of
any propertynsfer
(a) true durin
pendency of suit, provided
a

(6) false laid down in Secion are

satisfied.d.
(c)partly true statement is: The
(a) false
(d) none of the above.
(6) true
Some conditions must be fulfilled before the ()partly true
equity provided in section 51, arises (d) none of the above.
The person evicted must be transferee.
(2) The person must have made the 97. The equitable rule
under Section 53 A of
Transfer of Property ACt, 1882 was
improvements believing in good faith that laid in originally
he was absolutely entitled. (a) Walsh v. Lonsdale
is correct
(a) only(1)
(b) only (2) is correct
(b) Arif v. Jadunath
(c) Ranchoddas v. D S Dorik
(c) both (1) and (2) are correct
(d) None of the above
(d) none of the above.
98. Rule of lis pendens
92. A treepasser is not a transferee within the
is
apPlicable to suits for
the Transfer of
specific performance of contracts to transfer
meaning of section 51 of
Property Act, 1882 and he is not entitled to
immovable property. The statement is:
(a) true
compensation for improvements. This was
decided in:
(b) false

(a) Daya Ram v. Shyam Sundari, (1965) 1 SCR () partly true

231 (d) none of the above.
99. Rule of lis is
(b) Krishan Prasad v. Adyanath Ghatak, AIR pendens
applicable to suits for
1944 Pat 77 specific pertormance or contracts to transfer
()Bhupendra v. Pyari, (1917) 40 IC 464 immovable property. This statement is:
(d) none of the above. (a) false
(6) true
93. The terms good faith in section 51 of the
Transfer of Property Act, 1882 is used in the (Cpartly talse
(d) none of the above.
light f
(a) Sale of Goods Act, 1930 100. In case of a transfer hit by the doctrine
(b) General Clauses Act, 1897 of lis pendens, the question of
good faith
which is essential to be established before a
() Indian Registration Act, 1908
equitable reliet can be granted in favour of a
(d) Specific Relief Act, 1963.
subsequent vendee under sections 41 or 51 of
94. Section 51 of the Transfer of Property Act, the Transfer of
1882, does not apply to
Property Act, 1882 is:
(a) relevant
(a) court sale
(b) auction sale (6) partly relevant
bid (c) totally irrelevant
(d) none of the above. (d) partly irrelevant.
95. Within the meaning of section 51 of the 101. A suit for
Transfer of Property Act, 1882, the transferee:
pre-emption involves a right to
specific immovable property and transter
(a) has lien land comes under:
on for the value of
improvements (a) section 51 of the Transfer of Property Act,
1882
(b) has no lien on the land for the value of
(6) section 52 of the Transfer of Property Act,
'improvements
(c) has condition lien 1882
on the land for the value
of improvements () section 53 of the Transfer of Property Act,
(d) none of the above. 1882
(d) none of the above.
 296 Choice Questions for Judicial Service Examination
Multiple

138. (d) none of the above.

The doctrine of a clog on the equity of
redemption is a rule of justice, equity and
This reaffirmed the
143. Provisions of section 60A, ie., obli
to third
good conscience. was by transfer party instead of tion
Supreme Court in:
(a) Apte Price, AlR 1962 AP 274
v.

(b) Kandula Kenkiah v. Donga Pallaya, (1920)) 43

to
mortgagee who:
(a)
do not
mortgagor,
1s not in possession
erena
apply in case of

Mad 589 (b) 1s or has been in possession

(c) Murarilal v. Dev Karan, AIR 1965 SC 225 (c) is

previously Possession
holder
(d) none of the above. (d) none of the above.
139. A
condition converting a
mortgage into 144.Mortgagors right to inspection
a sale 1s invalid as a clog on the equity of
production of document is provided in n
redemption. This was affimed in case of: (a) section 60B of the Transfer of
Pro
a)Gangadhar v. Shankarlal, AIR 1958 SC 77
(b) Ramlochan Singh v. Pradip Singh, AIR 1959
Act, 1882
b) such 60A of the Iranster of
Property
Pat 230 1882 Property As
(c) Banarsilal v. Purnachand, AIR 1985 P&H (c) section 60 of the I ranster of
189 1882 Property Ad
(d) none of the above. (d) none of the above.
140. When a
mortgagee acquires a portion of 145. Section 60B recognises the ight of
equity of redemption, the mortgage is not mortgagor to inspection and copies of the
extinguished completely. There can be only of title deeds
relatingthe to the mortgaged property
a pro tanto extinguishment of the mortgage which are in custody ot the
right to
the extent of the
The statement is mortgage.
acquiring mortgagee
the mortgagors interest and so far
other sharer of the
as the a) false
(b) partly false
equity of
concerned, the mortgagee will redemption
is
subsist. This C) true
was held in case of (d) none of the above.
(a) Satyapal v. Rakayyabai, AIR 1993 Bom 203 146. Within the meaning
(b) Madhavan v. Madhavan, AIR 1994 Ker 75 section of
61 of the Transfer of of the provisions
(c) Tamboli Ramanlal Motilal v. Gharchi 1882, a Act Property
Chimanlal Keshavlal, AlR 192 SC 1236 or
mortgagor who
has two executed
more mortgages in tavour of
the same
(d) Hathika v. Puthiyapurayil Padmanathan, AIR mortgagee, and when the
1994 Ker 141.
any two or more of the
principal money of
141. Section 60 of the Transfer of due:
mortgages has become
Property Act,
1882, does not refer to the exinction of the (a) shall not be entitled
to redeem any one
equity of redemption by operation of law. such
The statement is
mortgage
more of such
separately or any wop or

(a) false
mortgages
(b) shall be entitled together
(b) partly false to redeem any one SUcn
mortgage separately or any two or more o
(c) true such mortgagee together
(d) none of the above. (c) only (a) is currect answer
142. Under the
provisions of section 60A of (d) none of the above.
the Transfer
of Property Act, 1882, where 147. The gist of
section 61 of the Transfer
mortgagor is entitled to redemption, he of
may require the mortgagee, Property Act, 1882, is that even if the
transferring the property, toinstead
of mortgages are of the same property, the
re
assign the
mortgage debt and transfer the mortgagor may redeem each separately unies
property to such third mortgaged estrained by a contract to the contrary. Ine
person as the statement is:
mortgagor
(a) is
may direct then the mortgagor: (a) true
not bound to
assign and transter (6) false
accordingly
(b) is bound to
assign and C)partly true
transfer (d) none of the abovve.
accordingly 148.
(C)is bound if the
mortgagor assents Clause (a) of section 62 of the Transfer 0r
Troperty Act, 1882 refers to cases where ne
 The
Transfer of Property Act, 1882
291
1) which the
transteror may
subsequently
acquire Witn proPerty, provided he does
85.
Presumption of equity pertains to:
nof adversely aftect (a)
the right of any
subsequent purchaser tor value section
1882
45 of the Transfer of
Property Act,
notice without
(b) section 46 of the Transfer of
b) which the transteree may rescind T882 Property Act,
the
proceeding (c) section 47 of the Transfer of
(c) which both ransteror and 1882 Property Act,
rescind transferee (d) section 48 of the Transfer of Act,
(d) none of the above. 1882.
Property
86.
1. In order to get the benefit of the section 43
Under the provisions of the Transfer o
of the 4ransrer Or
roperty Act, 1882 somne
Froperty. Act, 1882, where immovable
property is transferred for consideration by
conditions are necessary:
Contract of persons having distinct interests therein, the
transter was made by a
person transferors are:
who was competent to
Contract be
contract. (a) entitled to share in the considerations
when a
woulafor subsisting at the time equally
recovery of the
property is (6) entitled to share
made. unequally
(a) both (1) and (2) necessary (c) entitled to share equally but subject to
further
(b) only (1) is necessary
(d) none of the above.
(c) only (2) is necessary 87. Where several co-owners of
(d) none of the above. property transter a share therein
immovable
without
Section 44 of the Transfer of Property Act, Specitying that the transfer is to take effect on
1882, deals with: any particular share or shares of the transfers,
(a) transfer by two co-owner the transfer, as among such transferors, takes
effect on such share:
(6) transfer by one co-owner
(a) inequally where the shares were equal and
(c) transfer by 3 co-owners
(d) transfers by all co-owners. where theyofare proportionally to
unequal
the extent such shares
When one of several co-owners transfers (6) equally where the share were equal and
his share, the transferee acquires as against where theyofare unequal proportionately to
such shares
the other co-owners the same rights that of the extent
(c) only (a) is correct
transferor had but is subject to any condition (d) none of the above.
and liabilities affecting the share at the date
88. Within the meaning of section 48 of the
of transfer. This is the provision under: Transfer of Property Act, 1882, the transfer
(a) section 40 of the Transfer of Property Act,
1882 cannot prejudice the rights of the transferee
by any subsequent dealing with the property.
(b) section 41 of the Transfer of Property Act, This self-evident proposition is expressed in
1882 (a) equitable maxim qui prior est tempore potior
(c) section 42 of the Transfer of Property Act, stjure
1882 (b) quid pro co
(C) bonafde transter
(d) section 44 of the Transfer of Property Act,
1882. (d) none of the above.
89. The provision of improvements made by
The provision for joint transfer for
the bona fide holders under defective titles is
consideration is dealt in:
dealt in:
(a) section 45 of the Transfer of Property Act, 50 of the Transter of Property Act,
1882 (a) section
1882
(b) section 46 of the Transfer of Property Act, of Act,
b) section 51 of the Transfer Property
1882 1882
46 ot the Transfer of
(c) section Property Act,
(c) section 53 of the Transfer of Property Act,
1882
1882
n o n e ot
the above. of the above.
(d) (d) none
 The Transer of Property Act, 1882 289
o The foundation of doctrine of election unde
(C) perpetual transfer
thethe Transfer of Property Act, 1882 is that a
ing the benefit of an instrument (d) none of the above.
bear the burden 65. Section 38 of the Transfer of Act,
a must Property
the
must not bear burden 1882, has no application
(b) (a) to previous transfer where the transaction
the subject of election
(c) burden is not
of the above.
isstill incomplete
(d) none
(b) to succeeding transfer where the
under
60. The rule of election the Transfer of ransaction is to be completed in ruture

Property Ac 1882,as applied to Will

sections 180 and
is (C)to perpetuity transfer
enacted in (d) none of the above.
(a) Indian Succession Act, 1925
(b) Indian Registration Act, 1908
66. Under section 39 of the Transfer of Property
Act, 1882 the provision is made for transter
(c) Sale of Goods Act, 1930 where the person third is entitled
(d) General Clauses Act, 1897. maintenance. In this context the court held
of maintenance, even of a Hindu
his
61. A person
is
not put to election, unless that right
he has a proprietary interest in the property widow, is an identified right which falls short
disposed off in
derogation of
his rights. This of charge.
a
This was decided in case of
(a) Ramanandan v.(1889) 12 Mad
Rangammal,
is the subject matter under provisions of:
260
(a) section 35 ot the Transter of Property Act,
(6) Ram Kumar v. RamDai, (1900) 22 All 326
1882 679
of the Indian Registration Act, () Rachawa v . Shivayogoda, (1893) 18 Bom
(b) section 35 above.
1908 (d) none of the
section 35 of the Indian Succession Act, 67. Right to maintenance nder the
(c) Transfer of
of section 39 of the
1925 provisions
Froperty Act, 1882
includes
the enhanced
General Clauses Act, 1897.
(d) maintenance future to these if there
in

62. Section 37 of
the Transfer of
estate. In
Property Act, has been a material change in the
of:
1882 refers to apportionment by circumstances. This was
decided in case
Transfer of Property Act, Tengawwa, (1974) 2 Karn LJ 45
this light, before the Adiveppa v.

by the sale (a) AlR 1971 Ker 216

1882, when
a
transfer was severed (6) Kaveri v. Parameswari,
shares in the version
the tenant was
stil Bom 646
of
to all shares jointly: (c) Dattatreya v. Julsabai, (1943)
AIR 1945 Bom 34.
obliged pay the rent
to
had been agreed (d) Pranlal
v. Chapsey,
(a) unless an
apportionment
68. Within the provisions of section 39 of the
to by all the parties 1882 the word
all the parties Transfer of Property Act,
(b) any party is agreed by also residence. This
covers
"maintenance"
agreed are
of:
c)any w o parties was decided in case
216
of the above. Kaveri v. Parameswari, AlR 1971 Ker
(d) none (a)
Act, 1882, sections Ramamurthi v. Kanakaratnam,
(1948) Mad 315
In the Transfer of Property and (6)
63.
both immovable Corporation of Calcutta,
33
to 37 apply to sections 38 to 53
(c) Akhoy Kumar v.
whereas
(1915) 42 Cal 625
movable property 655.
(d) Maina v. Bachchi, (1906) 26 All
apply to:
movable property only
69. Within the meaning
provision under of
a)
(b) immovable property section 39 of the
Transfer of Property Act,
property not
and movable entitled to maintenance
both immovable 1882 a woman is from sons
(c) husband, but also
(d) none of the above. only from the was This
the Transfer of are members
of joint family.
section 38 of who
Provisions of decided in c a s e of:
apply to
cases
64.
1882 does not
Chellawal, (1980) 1 Mad LJ
Property Act, S. Periaswami v.
(a)
falling under: owners
who can
46
ostensible
1 Mad LJ 172
v. Nagamal, (1979)
benamidars or
(a) (b) Raghvan
give n o title except
by estoppelis on
Chandramna v. Maniam
Vankettareddy, AIR
transfer which based (c)
()coningent of certain 1958 AP 396
and not happening
happening
events
 The
Transfer of Property Act,
1/2, the amount tor the time
the mortgage being, due 299
(a)
(c) no provision tor of th
under section 66 security is
does not retain
possession until the debtis
he providedof
Provided
Iranster (0) discharged
Property Act, 1882 retains possession until the debt is
(d) none of the above.
(c)only
discharged
(a) is
170. A suit to obtain decree (d) correct
170hall be absolutely debaredthat hismortgago a
176.
none of the
Under Article
above.
redeem the of right to 63(a) of the
(a)
mortgagea property is called:
a suit for foreclosure 1963, provides period a
of .
Limitation Act,

(b) a suit for claim

from due date for suits by yeats
disclosure.
a
mortgagee tor
(c) a suit for interest (a) 30 years
(d) a suit for cost. b) years
If decree for (c) 12 years
for
a

foreclosure redemption
or
is made, a suit (d) 7 years.
sale would be
barred,
especially,for as
a redemption decree itself
177. Section
67(d) of the Transfer
Property Act of
provides sale or
foreclosure in default of
1882, is the
corndlary to the
last clause of
payment. section 60 and rests on the same principle
(a) statement reters to provision the of
individuality of mortgage security. The
67 of the
Iransfer of Property Act, 1882 reason has been
discussed in:
b) statement reters to provision (a) Norender Narain v. Duarka Lal Mundan,
68 of the
Transfer of Property Act, 1882 (1887) 3 Cal 397
(c)statement reters to provision 69 of the (b) Ram
Sahai v. Debi Din, (1932) 54 All 482
Transfer of Property Act, 1882 (c) Nilakant v. Suresh Chunder, (1886) 12 Cal
414
(d) none of the above.
(d) none of the above.
172. Within the meaning of provisions of the
178. When the
section 67 of the Transfer of mortgagee or, if there are
several
1882, the mortgagee's remedies by suit are:
Act, Property mortgagees, all the mortgagees, acquire by
purchase or inheritance or otherwise, a share
(1) on the covenant of the
(2) for sale
equity of redemption, the
is mortgage
3) for foreclosure
extinguished pro tanto, and they may recover
the balance of the debt against the residue of
(a) all are relevant the property. This was decided in case of:
are relevant (a) Arunachalam Chetty v. Ramaswamy, 1928
b) only (2) and (3)
()only (1) is relevant Mad WN 518
(d) none of them is relevant. (6) Bisheshar Dial v. Ram Sarup, (1900) 22 All
284
173. Default in payment of interest by the
mortgagor does not accelerates the (Narain Rao v.Mt. Chotebai, 1937 Nag 503
(d) none of the above.
mortgagee s right to foreclosure unless: 179. A mortgage who holds two or more
(a) it is provided in the mortgage
mortgages executed by the same mortgagor
(b) it is not provided in the mortgage
()only (b) is correct in respect of eách of which he has a right to
obtain the same kind of decree. The liability
(d) none of the above. is propounded in
174. Within the means of section 67 of the (a) section 67A of the Transfer of Property
Transfer of Property Act, 1882: Act, 1882
as the (b)section 67B of the Transfer of Property
(a) simple mortgage cannot foreclose,
real right transferred is a right of sale Act, 1882
(6) simple mortgagee can foreclose
(c)section 67 of the Transfer of Property Act,
foreclose is not a provision in section 67 or 1882
(C)
the Transfer of Property Act, 1882 (d) none of the above.
180. Under section 67A of the Transfer of Property
(d) mortgage cannot be foreclose.
of Act, 1882, the mortgagee who sues to obtain
175. A usufructuary mortgagee is a transferee
one of the
and he: the same kind of decree on any
right of possession only