Institute Name: SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY) (Established under section 3 of the UGC Act 1956) Re-Aceredited by NACC with ‘A’ Grade Seat No | | | Ue as et (0102) SYMBIOSIS LAW SCHOOL, NOIDA Programme: (010223 & 010224) BA LLB & BBA LLB Batch: (2019-24) Semester: v Course: Property Law Course Code 0102230502 & 0102240502 Date: 03/06/2022 Maximum Marks: 60 Day: Friday ‘Time: 100) 12:30 Part -I (Objective Type Questions) Instructions: 1) All questions are compulsory. Qu. Q2. 2) Each question carries two Marks (Total 20 Marks) Which of the following amounts to immovable property? (@ Marks) (CO1) a. Cars b. Houses c. Pen Drives d. Standing timber Which of following section under the Transfer of Property Act, 1882 relates with the doctrine of part performance? (2 Marks) (CO1,2) a. Section 52 b. Section S24 . Section 53, d, Section 53A Q.3. Which of following is not a type of mortgage? (2 Marks) (CO2,3) a. Mortgage by conditional sale b. Hypothetical mortgage ¢, Simple mortgage 4. English mortgage Q.4. Which of the following elements is not essential to establish an casement of necessity? (2 Marks) (CO 1,2) a. The tenements were once joint b. The easement is apparent and continuous c. There is no other alternative to the easement available d. They are all essential to establish an easement of necessityQs. Q6. Qi. Qe. (2 Marks) (CO 2, 3) Marz. ul maut Donation mortis causa Christian gift deeds Parsi Gift Deeds an es. Jn onder to attract the test of fraudulent transfer in’an instrament of transfer, which of the following properties collectively qualify as subject matter of dispute? Choose the best opt (2 Marks) (CO 1, 4) a. A house boat and scooter b. A field and a house ©. A yacht and a ferry on hire purchase 4. A carand a bus on mortgage Which of the following sentences is correct as per the Indian Easements Act,1882 when discussing grant of license? (2 Marks) (CO 3, 4) a. A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license Unless a different intention is expressed ot necessarily implied, a license may be granted by ‘ny one in the circumstances and to the extent in and to which he may transfer his interest inthe property affected by the license, except by licensees, ©. A license may be imposed by any one in the circumstances, and to the extent, in and two Which he may transfer his interest in the heritage on which the liability is to be imposed. 4G. Unless a different intention is expressed or necessarily implied, a license may be imposed by any one in the circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which the liability is to be imposed, Hermione instituted a suit for maintenance against her estranged spouse Ron at the Gautam Buddha Distriet Court In the suit, she requested that she be given flat A out of Ron’s four fate (A. B, C. and D) in Greater Noida, in lieu of maintenance, As the value of the property exceeded the limit of pecuniary jurisdiction of the distriet court, her suit was dismissed and she ‘was asked to file the suit before the High Court, Before she got the chance to do so, Ron sold the property to Ginny. Which of the following is true? (2 Marks) (CO 1, 2) The criteria of lis pendens under section 52 are met and Ron cannot transfer the flat to Ginny. b. The eriteria of lis pendens under section 52 are not met and Ron's transfer to Ginny is not affected. ©. Lis pendens would have applied if not for the want of registration of notice 4. Lis pendens applies but Hermione’s right is rendered subservient to the right of Ginny Daisy and Jay were good friends who lived in Mumbai. In the city, Daisy's grandmother had a vast estate. She had often fondly and loudly announced to everyone that since Daisy was her only granddaughter, she would leave the estate to her. On 25 June 2016, Daisy represented to Jay that she was the owner of the farmhouse and sold it to her for Rs 87 lakhs, Jay traly believed that Daisy was the owner of the property. He even asked to see the offieial records of her ownership and the name on the registration deed was indeed Daisy's. What he was 10! aware of was that Daisy shared her name with her grandmother, who was the real owner of the estate. Daisy’s fiancé Tom was aware of all this and encouraged the fraudulent transfer to Jay Soon thereafter, Daisy Sr. died, leaving the estate to her granddaughter, Daisy. Within a fewQ.10. days, she sold half of the property to her flaneé Tom for a sum of Rs 43 lakhs. It was after this fact that Jay returned and discovered that Daisy's grandmother had passed away, leaving the estate to her. Which of the following is true? (2 Marks) (CO 1, 3) a, Jay will receive the entire share in the estate because all the criteria of Section 43 are met. b. Jay will not receive any share in the estate because the criteria of Section 43 are not met. ©, Jay will only receive 50% share in the estate because the exception to Section 43 is attracted in favour of Tom. 4. Jay can get any share in the estate only with the explicit written permission of Tom under the rules of equitable estoppel, Which of the following is not a factor affecting the application of the rule of lis pendens? (2 Marks) (CO 2, 3) Lack of Jurisdiction Collusive Suit Date of presentation of the plaint ‘Transfer to bonafide third party.Part II- (Subjective Type Questions) Instructions: 1) All questions are compulsory. Q2. Q3. 2) Each question carries 10 marks (Total 40 Marks) Leslie and Ron ran the parks and recreation department of the state of Pawneesthan, India, All though Ron was not keen on contributing his own time and energy to the cause, he gave in to Leslie's idealism: and helped her build beautiful park called Pawnee Commons, Since the state had little to no budget, Ron and Leslie chopped wood on Ron's land and then Ron built Severa| structures ~ including beautiful gazebos, a jungle gym, a merry go round, some swings, {ida see saw for children, and affixed them tothe ground by ereating & foundation and boltsns them to it, Unfortunately, Pawneesthan defaulted on its loans and the park was privatized and auctioned to Mr Evilon Musk, a morally bankrupt businessman who Sought to squeeze profit from everything inthe park, ineluding asking children to pay money to play on the jungle gym, ‘swings, etc. Enraged, Ron and Leslie stormed the Pawnee Commons and attempted to make off with the structures. With his fleet of lawyers, Mr Evilon Musk sued them in court but they argued that the structures all belonged to Ron in the first place and did not come with the land. Relying upon the Indian law of fixtures and case laws, decide the case. (10 Marks) (CO 4, 5) OR Demeter owns and runs the conglomerate DemiGoods, which processes and sells several types of organic cereals and grain products like wheat, flour, pasta, efe, She is also the owner of ten thousand acres of farmland. Her daughter Persephone decides to marry a man called Hades who spends all his time in an underground bunker pretending to talk to dead people, Demeter makes a gratuitous transfer of 49% of her entire property with the following conditions A. Persephone will have a lifetime interest in the property, B. If she agrees to allow Demeter to raise any children she has in the future with Hades, the Fights will absolutely vest in the children, to be equally divided between them once they attain the age of majority, However, this clause will only apply if Demeter is made guardian of those children. C. If Persephone has no children, then the property will go to Demeter’s sister, Hestia’s charity organization, ‘What type of transfer is this? And is it valid? Explain with the help of the ‘Transfer of Property Act 1882 and related case laws. (10 Marks) (CO 3, 5) Write a short note on each of the following, using ease laws where necessary: «a. Rule against perpetuity under the Transfer of Property Act, 1882 b. Hobbes’ conception of property. (10 Marks) (CO 1,2, 4) OR In order to buy a home for himself and his wife in Gurgaon, Vision mortgages his flat in Dwarka worth Rs 80 lakhs, to Ralph. Detail the rights and duties of both Vision and Ralph lnder the Transfer of Property Act, 1882 along with related case laws. (10 Marks) (CO 5, 6) In separate transfers, Mr Scrooge transfers the following properties to Lil Timmy: a scooter, the contents of his entire library (amounting to about 680 books and four bookshelves, as yell asa writing desk and chair), and the sole right to eatch and appropriate fish in the lake of Mr Scrooge’s property over the space of the next 15 years. Which of these transactions require registration? Rely upon provisions of the Registration Act 1882 and allied case laws, (10 Marks) (CO 3, 4) ORy Q3. Qa. Qa. Aladdin wishes to obtain the palatial bungalow of Jasmine in Agra, worth Rs 10 crores, Jasmine has famously refused to sell the bungalow to anyone else; however, Aladdin knows. that she likes to keep tigers as Pets. He obtains a female Bengal tiger for her, named Rani, and offers to exchange Rani for the bungalow, sending her the tigress in a cage with a bow on top. in addition, he transfers Rs 5 crores into Jasmine’s account, Jasmine accepts and transfers Possession to him of the bungalow. What type of transfer is this? List the essemtials of such types of transfers with the help of the provisions of the Transfer of Property Act 1882 and allied cases (10 Marks) (CO 4, 5, 6) Distinguish between lease, license, and easements with the help of the Transfer of Property Act 1882, Indian Easement Act 1882, and allied cases, (10 Marks) (CO 2, 3) OR With the help of cases and examples, explain what types of properties cannot be transferred under the Transfer of Property Act 1882. (10 Marks) (CO 1,2, 3)