Sale of Immovable Property

Sale of Immovable Property
Sale of immovable property has been defined as a transfer of ownership in

exchange for a price paid or promised or partly paid and partly promised by the
Transfer of Property Act. Section 54 provides essentials for a sale of immovable
property and Section 55 deals with rights and duties of buyer and seller (parties
to sale).
Contents
1. Section 54 of the Transfer of Property Act, 1882
2. Sale How Made:
3. Contract of Sale of Immovable Property:
4. Essential Elements of Sale of Immovable Property
5. Subject Matter of Sale of Immovable Property:
6. Transfer of ownership:
7. Section 55 of the Transfer of the Property Act, 1882
8. Rights, Duties and Liabilities of Seller in case of Sale of Immovable
Property:
9. Duties of Seller:
10. Rights of Seller:
11. Liabilities of Seller:
12. Rights and Duties of Buyer in case of Sale of Immovable Property::
13. Rights of Buyer:-
14. Liabilities of buyer:-
Section 54 of the Transfer of Property Act, 1882
Section 54 of the Transfer of Property Act (IV of 1982) defines sale

of immovable property as under:
“Sale” is a transfer of ownership in exchange for a price paid or promised or

part-paid and part-promised.
Sale How Made:
Such transfer, in the case of tangible immovable property of the value of one
hundred rupees and upwards, or in the case of a reversion or other intangible
thing, can be made only by a registered instrument. In the case of tangible
immovable property of a value less than one hundred rupees, such transfer may
be made either by a registered instrument or by delivery of the property. Section
54 lays down a specific method for the execution of a sale deed with respect to
immovable property and completion of sale.
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Generally speaking, in a sale of immovable property, the three requirements of
law are that transfer of property by sale must take place with the help of a
validly executed sale deed, by the transferor in writing, is properly attested, and
registered (Munnalal v. Armaram, 2008).
Contract of Sale of Immovable Property:
A contract of sale is different from a sale, as it does not require registration.

However, it does not create a charge or an interest in the property. It is merely a
document or an agreement that gives a right to obtain another document, i.e., a
sale deed. Therefore, it does not require registration (Dave Ramushankar v. Bai
Kailasgoure, 1974). However, some equities do arise in favour of the transferee.
For instance: where, despite an agreement of sale, the property is transferred to
another person, the subsequent transferee with notice of the earlier transaction
holds the property in trust for the prior agreement holder (Kondapalli
Satyanarayan v. Kondapalli mayullu, 1999).
In the case of Ramesh Chand Ardavatiya v. Anil Pangwani (2003), decided by

Supreme Court the owner of a piece of land entered into an agreement for its
sale with B. On payment of the advance amount, he handed, over the possession
to B but failed to execute a sale deed in his favour. B constructed a boundary
wall, but this land was encroached upon by the trespassers on behest of A.B.
filed a suit in a court of law for a declaration that he was in peaceful possession
of property and sought a permanent injunction from the court restraining the
trespassers from interfering with his peaceful possession of the property.
The court held that B is entitled to protect his possession. Directions were
issued that A should assert his title through due process of law and was
restrained from taking the law his own hands. The court observed that as,
“A contract for sale of immovable property is a contract that a sale of such

property shall take place on terms settled between the parties; it does not of
itself create any interest in or charge on such immovable property. However,
still if a person who entered into possession over immovable property under a
contract for sale and is in peaceful and settled possession of the property with
the consent of the person in whom the title vests, he is entitled to protect his
possession against the whole world, excepting a person having a title better
than what he or his vendor possesses. If he is in possession of the property in
part performance of the contract for sale and the requirements of Section 53 A
are satisfied, he may protect his possession even against the true owner.”
Mortgage: Justice Mahmood in Gopal v. Parsotam (1883) has defined mortgage

as under: Mortgage as understood in this country cannot be defined better than
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by the definition adopted by the Legislature in section 58 of the Transfer of
property Act (IV of l882).
In the case of Santley v Wilde (1899), it was observed that, a mortgage is a

conveyance of land or an assignment of chattels as a security for the payment of
a debt or the discharge of some other obligation for which it is given. T
he Supreme Court in Kedar Lal v. Hari Lal (1952), has observed that the whole
law of mortgage in India, including the law of contribution arising out of a
transaction of mortgage, is now statutory and is embodied in the Transfer of
Property Act read with the Code of Civil Procedure. The court cannot travel
beyond these statutory provisions.
Essential Elements of Sale of Immovable Property
Parties: in a sale there has to be a seller and buyer. The seller has to be
competent to transfer the immovable property to the buyer. Both parties i.e. the
seller and the buyer have to be competent to contract under the Indian Contract
Act. In the case of Misabul Emterprises v. Vijaya Srivastava (2003), it was
observed that a contract of sale must be based on a mutual agreement between
the seller and the buyer. The transferor should either be the owner of the
property or should have an authority to dispose of it.
For example, the karta of a joint family property is authorized to transfer the
property under certain specified circumstances (Biswanath Sahu v. Tribeni
Mohan, 2003). Similarly, the guardian of the property of a minor is empowered
to sell it with the permission of the court, and without such permission the sale
would be invalid (Sarup Chand v. Surjit Kaur, 2002). An agent having a power
of attorney to sell the property can also sell it without being the owner of the
property.
Where the sale is executed after getting a general power of attorney; without
obtaining the requisite permission of the court, the sale deed is invalid and
would not confer any title on the transferee (Lakhwinder Singh v. Paramjit
Kaur, 2004), but if the Power of Attorney executed in favour of the holder
expressly authorizes him to transfer the property he would be a competent
seller (A Bhagyamma v. Bangalore Development Authority, Bangalore 2010).
Subject Matter of Sale of Immovable Property:
Section 54 only governs the sale of immovable property. Immovable property

can be tangible or intangible. Tangible property is one that can be touched, such
as a house, a tree etc., while intangible property refers to property that cannot be
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touched such as a right of fishery, a right of way etc. If there is no sale, there is
no need for an agreement to be executed to that effect on the stamp papers.
In Rail Vihar Kalyan Sahkari Awas Samiti v. State of Uttar Pradesh(2005), a

cooperative group housing society and its members filed a writ against
additional chief-executive officer, Noida, by which the Noida directed the
individual members to execute a tripartite agreement with the welfare
societies/co-operative society as lessee and NOIDA as lessor for sale of
superstructure and sublease deed for respective flats, apartments, residential
accommodation allotted by the society to its individual members and restraining
them from charging stamp duty on execution of tripartite-deed.
Noida had issued a notice to flat owners to execute the-deed through their
respective bodies by a specific date, failing which, the flat owners were to be
declared unauthorised occupants, on whom penalty was to be charged. While
allowing the writ petition filed by the flat owners, the court held that the
societies do not have corpus and the entire consideration for lease was paid by
the contributions received from the members.
They constructed these flats/apartments under the self-finance arrangement in

which the amount was paid by allotted member in instalments. There was no
sale of land or superstructure in their favour and thus, the direction to execute a
tripartite transfer deed which includes sale of superstructure and the payment of
stamp duty on the said document, was grossly arbitrary and violative of Art 14
of the Constitution.
Transfer of ownership:
There has to be a transfer of ownership by the seller to the buyer.
Price: price is the essence of the contract of sale. It may be paid in a lump sum
or in instalments as agreed between the parties. A compromise, a decretal
amount, an advance made by one person to another, or an agreement to protect
and defend the property at the purchaser‘s cost is a good consideration for sale.
Likewise, a family settlement is a valid consideration for an agreement to sell.
Where a son- in-law executed an agreement for sale in favour of his mother-in-
law in consideration of a family settlement, it was held that it amounted to a
valid consideration for the sale. The ordinary rule governing sale is that
payment of consideration is simultaneous with the time when the conveyance is
executed by the seller. This rule can be deviated from in case of an agreement to
the contrary by the parties (Chandra Shankar v. Abhia, 1952; Prasanta v. IC
Ltd., 1955).
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For example, A agrees to sell the land to B, and executes a sale deed for the
same. Ordinarily, the buyer would pay the consideration on the same day.
However, if they agree to pay the entire consideration or part of it at the time of
the registration of the document, and partly at the time of the execution or even
subsequent to registration, this would be a valid sale.
The term “paid or promised to be paid” also suggests that this promise to pay

must be genuine. The buyer cannot escape his primary liability to pay the
consideration and if he tries to evade payment by dubious means, no title would
pass from the seller to the buyer. For instance, if the buyer pays money through
a cheque which is dishonoured, the sale would not take effect (Inder Kaur v.
Tara Singh, 1978).The same rule would apply if there is an intention to the
contrary expressly incorporated in the contract, that the title would not pass
unless the payment has been made in full, or if consideration is paid in advance.
This would entitle the purchaser to sue for possession (Vidhyadhar v. Manikro,
1999).
Section 55 of the Transfer of the Property Act, 1882
Section 55 of the Transfer of Property Act, 1882 describes right and liabilities
of buyer and seller. In any property transaction, buyers and sellers are subject to
Right and liabilities. In the absence of a contract to the contrary, the buyer and
the seller of immovable property respectively are subject to the liabilities, and
have the rights, mentioned in the rules next following or such of them as are
applicable to the property sold.
Rights, Duties and Liabilities of Seller in case of Sale of Immovable

Property:
Duties of Seller:
 To disclose any material defect: a seller is bound to inform the buyer of

any material defect in the property or the title of the property.
 To produce documents of title: a seller has to provide for the
examination of all documents of title that are in his possession.
 To answer questions about the property or title thereto: a seller is
bound to give relevant information and satisfy the buyer on any questions
raised by the buyer or his advocate.
 To execute conveyance: The seller is bound to execute the sale deed
after sale price is paid to him
 To pay outgoings: the seller is bound to pay all public charges, tax and
rent that may be due on the property before date of sale.
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 Lis pendens: a seller is bound to inform the buyer of any legal
proceedings that are pending on said property and that may come in the
way of the sale or transfer on said property.
 To deliver possession of the property: a seller is bound to hand over the
possession of the property at the time of the execution of the sale.
Generally before the execution of the sale deed the buyer and seller enter
into an agreement of sale either orally or in writing. After entering into
this agreement to sell, the buyer would be advised to take all the
necessary information that has been listed above.
Rights of Seller:
According to section 55(4) of the Transfer of Property Act, 1882, it can be

stated as follows:
Right to get Rent and Profit: – to the rents and profits of the property till the
ownership thereof passes to the buyer.
Right to get Interest on Unpaid buying money:-where the ownership of the

property has passed to the buyer before payment of the whole of the purchase-
money, to a charge upon the property in the hands of the buyer, any transferee
without consideration or any transferee with notice of the non-payment, for the
amount of the purchase-money, or any part thereof remaining unpaid, and for
interest on such amount or part from the date on which possession has been
delivered.
In Subba Rao V/s Vasudev Shastri (1951), the Court decided that the seller is
entitled to get interest on selling-money only when the possession of sold
property is given to buyer.
Liabilities of Seller:
According to section 55(1) of the Transfer of Property Act, 1882 can be stated
as follows:
Liability to Reveal Fault: – to disclose to the buyer any material defect in the
property 1[or in the seller’s title thereto] of which the seller is, and the buyer is
not, aware, and which the buyer could not with ordinary care discover; In the
Case Ganpat Ranglal V/s Mangilal Hiralal (1961), Court held that the seller is
not bound to disclose such faults which is really known by buyer or otherwise
he is in know of the information.
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 Liability to Submit Document: – to produce to the buyer on his request
for examination all documents of title relating to the property which are
in the seller’s possession or power;
 Liability to Submit Document as to Entitlement: – to answer to the
best of his information all relevant questions put to him by the buyer in
respect to the property or the title thereto; in the case of Laxmidas &
Company V/s D.J. Tata (2019) it has been held by the Mumbai high court
that if the seller does not answer for such questions then the contract may
be rescinded by the buyer.
 Liability to Execute Conveyance:- on payment or tender of the amount
due in respect of the price, to execute a proper conveyance of the property
when the buyer tenders it to him for execution at a proper time and place;
 Liability to Protect Document:- between the date of the contract of sale
and the delivery of the property, to take as much care of the property and
all documents of title relating thereto which are in his possession as an
owner of ordinary prudence would take of such property and documents.
 Liability to Deliver up Occupation:- to give, on being so required, the
buyer, or such person as he directs, such possession of the property as its
nature admits; in the case Darpan V/s Kedar Nath(1969), it has been held
that if Seller does mistakes in delivering up to possession the buyer can
file a suit against seller.
Rights and Duties of Buyer in case of Sale of Immovable Property::
Rights of Buyer:-
According to section 55(6) of the Transfer of Property Act, 1882, these can be
stated as follows:
Right to get Benefits, Rents- where the ownership of the property has passed
to him, to the benefit of any improvement in, or increase in value of, the
property, and to the rents and profits thereof; in Achtak V/s Parmeshwar it was
decided that the buyer is entitled to get benefits of the maintenance done by
seller.
Right to get Interest-unless he has improperly declined to accept delivery of

the property, to a charge on the property, as against the seller and all persons
claiming under him, to the extent of the seller’s interest in the property, for the
amount of any purchase-money properly paid by the buyer in anticipation of the
delivery and for interest on such amount; and, when he properly declines to
accept the delivery, also for the earnest (if any) and for the costs (if any)
awarded to him of a suit to compel specific performance of the contract or to
obtain a decree for its rescission.
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An omission to make such disclosures as are mentioned in this section,
paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.
Liabilities of buyer: -
According to section 55(5) of the Transfer of Property Act, 1882, it was stated
as follows:
Liability to disclose facts– To disclose to the seller any fact as to the nature or
extent of the seller’s interest in the property of which the buyer is aware, but of
which he has reason to believe that the seller is not aware, and which materially
increases the value of such interest.
In the case of Hazi isha V/s Daya Bhai (1896), it has been held that it is the duty
of the buyer that he should provide all information related to ownership which
he is in know, to the seller. This arrangement is based on the principle of equity
and relations of believe between buyer and seller.
Liability of payment of purchase money- To pay or tender, at the time and

place of completing the sale, the purchase-money to the seller or such person as
he directs: provided that, where the property is sold free from encumbrances,
the buyer may retain out of the purchase-money the amount of any
encumbrances on the property existing at the date of the sale, and shall pay the
amount so retained to the persons entitled thereto.
Liability to bear damages– where the ownership of the property has passed to

the buyer, to bear any loss arising from the destruction, injury or decrease in
value of the property not caused by the seller.
Liability to pay due amount- where the ownership of the property has passed
to the buyer, as between himself and the seller, to pay all public charges and
rent which may become payable in respect of the property, the principal moneys
due on any encumbrances subject to which the property is sold, and the interest
thereon afterwards accruing due. In the case of Gangi V/s Govinda (1924), it
was held that the buyer is liable to pay all the charges after sale. Due amount
includes revenue, principal, interest etc.
It is advisable that the buyer’s advocate should investigate the title of the
property after entering into an agreement for sale. The title should be traced for
at least 30 years. Besides, the title deed search should be also done in the office
of the Sub Registrar or relevant revenue authority to investigate whether there is
any encumbrance on the property whether there is any defect in the title and
whether the property stands in the name of the seller in the land revenue and
municipal records. It is also advisable that the buyer’s advocate should enquire
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from the relevant authorities and gather information on whether a notification
has been issued for acquisition of the property.
In major property deals the buyer through his advocate should give a public
notice in the newspaper stating his interest in purchasing the property. The sale
deed is chargeable with stamp duty under Article 23 of Schedule 1 to the Indian
Stamp Act and it has to be executed on stamp paper equal to that of conveyance
or else attracts duty penalty of 10 times that of actual stamp duty. The sale
deed transferring immovable property of the value of 100 or more requires
registration under Indian Registration Act 1908.
REFERENCES:
 Textbook on The Transfer of Property Act, Dr. Avtar Singh, Universal

Law Publishing Co. Pvt. Ltd., 2006
 The Transfer of Property Act, Dr. Hari Singh Gour, Delhi Law House,
2004
 Principles of the Law of Transfer, S. M. Shah, N. M. Tripathi Pvt. Ltd.,
1969
 The Transfer of Property Act, 1882, Prof. G. P. Tripathi, Central Law
Publications, 2005
Transfer of Property Act: Notes, Case Laws and Reading Materials
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.
Hello Readers!
This article provides Transfer of Property Act notes with case laws. The Act
provides provisions for transfer of movable or immovable property. As a
learner, you can consider it as a free, online, and self-placed course. As a
competitive exams aspirant, you will find it perfect for Judicial Service
Exams, UPSC CSE Law Optional, etc. And as a reader, this article on
Transfer of Property Act notes is sufficient for you to learn or research on
Transfer of Property Act!
Contents
1. Meaning and Definition of Property
2. General Rules and Doctrines regarding Transfer of Property
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3. Sale under Transfer of Property Act
4. Mortgage under Transfer of Property Act
5. Lease under Transfer of Property Act
6. Gifts under Transfer of Property Act
Meaning and Definition of Property
 Movable and Immovable Property

 Concept of Transfer of Property
 The Concept of Property: Special Reference to Intangible Property
General Rules and Doctrines regarding Transfer of Property
 Actionable Claim under Transfer of Property Act

 Vested and Contingent Interest
 Rule Against Perpetuity
 Legal Status and Rights of Minor
 Doctrine of Lis Pendens
 Doctrine of Election under Transfer of Property Act
 Fraudulent Transfer of Property
 Doctrine of Subrogation
 Doctrine of Promissory Estoppel
 Doctrine of Marshalling and Contribution
 Apportionment of Property (Transfer of Property Act, 1882)
Sale under Transfer of Property Act
 Sale of Immovable Property (Meaning, Essentials, and Rights and

Liabilities of Buyer and Seller)
Mortgage under Transfer of Property Act
 Concept Mortgage Under Transfer of Property Act

 Rights and Liabilities of Mortgagor
 Rights and Liabilities of Mortgagee
 Redemption of Mortgage
 Foreclosure of Mortgage
Lease under Transfer of Property Act
 Meaning and Essentials, Determination of Lease, and Rights-Liabilities

of Lessor and Lessee
Gifts under Transfer of Property Act
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 Meaning and Essentials of Gift, Transfer how effected, Onerous Gift and
Universal Donee
1. The mortgagor in Indian law is the owner who had parted with some
rights of ownership and the rights of redemption is a right which he
exercises by virtue of his:
(a) pecuniary ownership
(b) residuary ownership
(c) conditional ownership
(d) none of the above.
Ans. (b)
2. When the mortgagor’s right to redeem accrues, the mortgagee has a

right to enforce:
(a) his security
(b) his interest
(c) only (b) is correct
Ans. (a)
3. The doctrine of a clog on the equity of redemption is a rule of justice,

equity and good conscience. This was reaffirmed by the Supreme Court in:
(a) Apte v. Price, AIR 1962 AP 274
(b) Kandula Kenkiah v. Donga Pallaya, (1920) 43 Mad 589
(c) Murarilal v. Dev Karan, AIR 1965 SC 225
Ans. (c)
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4. A condition converting a mortgage into a sale is invalid as a clog on the
equity of redemption. This was affirmed in case of:
(a) Gangadhar v. Shankarlal, AIR 1958 SC 77
(b) Ramlochan Singh v. Pradip Singh, AIR 1959 Pat 230
(c) Banarsilal v. Purnachand, AIR 1985 P&H 189
Ans. (a)
5. When a mortgagee acquires a portion of equity of redemption, the

mortgage is not extinguished completely. There can be only a pro tanto
extinguishment of the mortgage right to the extent of the mortgagee
acquiring the mortgagor’s interest and so far as the other sharer of the
equity of redemption is concerned, the mortgagee will subsist. This was
held in case of:
(a) Satyapal v. Rakayyabai, AIR 1993 Bom 203
(b) Madhavan v. Madhavan, AIR 1994 Ker 75
(c) Tamboli Ramanlal Motilal v. Gharchi Chimanlal Keshavlal, AIR 1992 SC

1236
(d) Hathika v. Puthiyapurayil Padmanathan, AIR 1994 Ker 141.
Ans. (b)
6. Section 60 of the Transfer of Property Act, 1882, does not refer to the
exinction of the equity of redemption by operation of law. The statement is:
(a) false
(b) partly false
(c) true
Ans. (c)
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7. Under the provisions of section 60A of the Transfer of Property Act,
1882, where a mortgagor is entitled to redemption, he may require the
mortgagee, instead of re-transferring the property, to assign the mortgage
debt and transfer the mortgaged property to such third person as the
mortgagor may direct then the mortgagor:
(a) is not bound to assign and transfer accordingly
(b) is bound to assign and transfer accordingly
(c) is bound if the mortgagor assents
Ans. (b)
8. Provisions of section 60A, i.e., obligation to transfer to third party

instead of transference to mortgagor, do not apply in case of a mortgagee
who:
(a) is not in possession
(b) is or has been in possession
(c) is previously possession holder
Ans. (b)
9. A entered into an agreement with B for exchanging agriculture land

belonging to A valued at Rs.1,23,411 for a residential house of B valued at
Rs.1,55,212. A transferred the land to B. But B did not have clear title of
the residential house as such A was not allowed the possession of the same.
Which of the following remedies area available to A?
A. He can sue for the loss but not for the recovery of his property
B. He can sue for recovery of his property but not for the loss suffered by him
C. He can sue for both recovery of the property and for the loss suffered by him
D. He cannot sue B at all, because the responsibility to take possession lies with
A
Ans: C
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10. A gift of immovable property effected by a deed of gift but brought
about by undue influence of the donee, though the donor acted voluntarily
in making it:
A. Is valid and binding
B. Is void
C. Is voidable at the donee’s option
D. Is voidable at the donor’s option
Ans: D
11. A is owner of a cowshed and a land adjacent to the cowshed. He sells

the cow shed to B, with an understanding that B can continue to graze
cattle on A’s land. The maximum capacity of the cow shed is for 30 cows. B
brought in 15 cows and started using the land. Later on B increased the
capacity of cowshed to 60 cows. Which of the following statements will
apply?
A. B can continue to use land for grazing by 60 cows
B. B can only use the land for grazing by 15 cows
C. B can only use the land for grazing by 30 cows
D. B can continue to use the land for grazing of as many cows as he likes, as
long as the grass is sufficient for the purpose
Ans: C
12. A lease of immovable property determines under the provisions of the

Transfer of Property Act, 1882 when __________
A. By implied surrender
B. By efflux of time, in case time is not limited thereby
C. When time is limited unconditionally on the happening of some event, till

such event happens
D. None of these
Ans: A
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13. A notice by the landlord to the tenant asking him to vacate the premises
without specifying that the tenancy has been terminated:
A. Is valid under the provisions of the Transfer of the Property Act, 1882
B. Is invalid under the provisions of the Transfer of the Property Act, 1882
C. May be valid under the provisions of the Transfer of the Property Act, 1882
depending on the content of the notice
D. May be valid under the provisions of the Transfer of the Property Act, 1882
depending on the intention of the landlord
Ans: A
14. A right to recover cows trapped on the owner’s land will be:
A. Actionable claim
B. Easement
C. License
D. None of these
Ans: D
15. A right under irrevocable license is generally:
A. Heritable
B. Transferable, when not coupled with the transfer of an assignable interest in

the property
C. Both A and b
D. Neither A nor B
Ans: A
16. A tenant remaining possession after the determination of the lease is

called:
A. Tenant on sufferance
B. Tenant at will
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C. Either A or B, depending whether he retains possession with or without
landlord’s permission
D. Both A and B
Ans: C
17. According to provisions of the Transfer of Property Act, 1882, the

easements:
A. Can be transferred
B. Cannot be transferred
C. Cannot be transferred apart from the dominant heritage
D. Can be transferred apart from the dominant heritage
Ans: C
18. According to Supreme Court rulings, the renewal of lease is:
A. Continuation of the old lease
B. A new lease
C. Cannot be made before the expiry of the old lease
D. None of these
Ans: B
19. Before the commencement of the Transfer of Property Act, 1882, the
transfer of immovable properties in India were governed by the:
(a) Principles of English law and equity
(b) Indian Registration Act, 1908
(c) British State of Goods Act, 1880
(d) Indian Contract Act, 1872.
Ans. (a)
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20. The courts, before the enactment of the Transfer of Property Act, 1882,
were forcing to decide property disputes according to their own notion and
justice and fair play:
(a) because judges were making own laws
(b) because of absence of any specific statutory provisions on the property

matters
(c) because British Judges were confused with Indian property disputes
(d) because judges were educated in British property laws.
Ans. (b)
21. Law Commission for the Transfer of Property matters was appointed in
England and the Draft Bill prepared by the Commission was introduced in
Legislative Council in:
(a) 1870
(b) 1875
(c) 1877
(d) 1882.
Ans. (c)
22. 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.
Ans. (c)
23. The Transfer of Property Act was enacted in the year:
(a) 1880
(b) 1881
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(c) 1882
(d) 1883.
Ans. (c)
24. 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.
Ans. (a)
25. First Amendment was made in the Transfer of Property Act, 1882 in
the year:
(a) 1880
(b) 1883
(c) 1884
(d) 1885.
Ans. (d)
26. 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.
Ans. (d)
27. The Transfer of Property Act, 1882, extends in first instance to the
whole of India except:
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(a) territories which, immediately before 1st November, 1956 were comprised
in Part B States or in State of Bombay, Punjab and Delhi
(b) territories which immediately before 1st November, 1956, were comprised
in Part B State or in States of Bombay, Bihar and West Bengal
(c) it extends in first instance to the whole of India except the territories which
immediately before 1st November, 1956, were comprised in Part B States of
Madras, West Bengal and Manipur
(d) it extends in first instance to the whole of India except the territories which
immediately before 1st November, 1956 were comprised in Part B States of
Assam, Manipur and Tripura.
Ans. (a)
28. According to the Transfer of Property Act, 1882 any State Government
may from time to time exempt either any part of territories from all or any
of sections:
(a) 54, paragraphs 2 and 3, 59, 107 and 123
(b) 54, 107 and 123
(c) 54, 107 and 120
(d) 54, 107 and 113.
Ans. (a)
29. Within the meaning of provisions of the Transfer of Property Act, 1882,
the immovable property does not include:
(a) standing timber or grass
(b) standing timber, jewellery and crops
(c) standing timber, growing crops or grass
(d) only grass.
Ans. (c)
30. According to Transfer of Property Act, 1882:
(a) instrument means a non-testamentary instrument

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(b) testamentary instrument
(c) both testamentary and non-testamentary instrument
Ans. (a)
31. 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.
Ans. (a)
32. Under the Transfer of Property Act, 1882, registered pertains to:
(a) registration of property
(b) registration of documents
(c) registration of parties
Ans. (b)
33. Under the Transfer of Property Act, 1882, “attached to earth” means:
(I) routed in the earth, as in the case of trees and shrubs;
(II) imbedded in the earth as in the case of walls and buildings; or
(III) attached to what is so imbedded for the permanent beneficial enjoyment of

that to which it is attached.
(a) only (I) and (II) are correct
(b) only (II) and (III) are correct
(c) only (I) and (III) are correct

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(d) all (I), (II) and (III) are correct.
Ans. (d)
34. 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.
Ans. (d)
35. 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
(c) General Clauses Act, 1897
(d) Sale of Goods Act, 1930.
Ans. (b)
36. Chapter II of the Transfer of Property Act shall not be deemed to effect
any rule of:
(a) Mohammedan law
(b) Christian law
(c) Parsi law
Ans. (a)
37. According to section 5 of the Transfer of Property Act, 1882, living

person includes:
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(a) company or association or body of individuals
(b) individual human being only
(c) only important company or associations
Ans. (a)
38. 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
Ans. (a)
39. 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 anyone except the owner of the property affected thereby:
(a) the statement is true
(b) the statement is false
(c) the statement is partly true
Ans. (a)
40. Under the provisions of the Transfer of Property Act, 1882, an

easement cannot be transferred apart from the dominant heritage:
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Ans. (a)
41. 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:
Ans. (a)
42. 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
Ans. (b)
43. The provisions of section 53 of the Transfer of Property Act, 1882 are
not affected by any of the provisions of:
(a) Sale of Goods Act, 1930
(c) Specific Relief Act, 1963
(d) Benami Transactions (Prohibition) Act, 1988.
Ans. (d)
44. The part performance in the transfer of property is provided in:

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(a) section 53A of the Transfer of Property Act, 1882
(b) section 53 of the Indian Partnership Act, 1930
(c) section 53 of the Indian Registration Act, 1908
(d) section 53 of the Specific Relief Act, 1908.
Ans. (a)
45. The following are some postulates as sine qua non for basing a claim on
section 53A of the Transfer of Property Act, 1882:
(1) The contract should have been in writing signed by transferor.
(2) Transferee should have got possession of the immovable property covered
by contract.
(3) Transferee should have done some act in furtherance of contract.
(a) only (1) and (2) are relevant
(b) only (2) and (3) are relevant
(c) only (1) and (3) are relevant
(d) all (1), (2) and (3) are relevant.
Ans. (d)
46. The words “any immovable property” in section 53A of the Transfer of
Property Act, 1882 refers to:
(a) this section cannot apply to movable property
(b) not all of immovable property
(c) not a particular immovable property
Ans. (a)
47. The term ‘sale’ in the Transfer of Property Act, 1882 is defined in
section:
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(a) 53
(b) 54
(c) 55
(d) 56.
Ans. (b)
48. Sale is a transfer of ownership in exchange for a price paid or promised

or part-paid and part- promised. This definition refers to:
(a) section 54 of the Transfer of Property Act, 1872
(b) section 54 of the Sale of Goods Act, 1930
Ans. (a)
49. Within the meaning of section 54 of the Transfer of Property Act, 1882,
the sale does not include:
(a) higher purchase transaction
(b) auction sale
(c) instalment payment system
Ans. (a)
the seller is:
(a) bound to disclose to the buyer any material defect in the property or in
seller’s title of which the seller is and buyer is not aware and which the buyer
could not with ordinary care discover
(b) not bound to disclose anything

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Ans. (a)
51. In case of transfer of property the seller is:
(a) not entitled to rents and profits of the property till the ownership thereof
passes to buyer
(b) is entitled to rents and profits of the property till the ownership thereof
passes to buyer
(c) is entitled to rents or other profits
Ans. (b)
52. Under the Transfer of Property Act, 1882 the rights and liabilities of
buyer and seller are dealt in section:
(a) 52
(b) 53
(c) 54
(d) 55.
Ans. (d)
53. Section 55(1) (a) of the Transfer of Property Act, 1882 is same with:
(a) section 16 of the Sale of Goods Act, 1930
(b) section 16 of the Indian Contract Act, 1872
Ans. (a)
54. Under section 55(1) (d) of the Transfer of Property Act, 1882, if either
party sues for specific performance, he must show that he was ready and
willing to perform:
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(a) the statement is not relevant
(b) statement is relevant
(c) only (a) is correct
Ans. (b)
55. Within the meaning of provisions of the section 55(4) (b) of the Transfer
of Property Act, 1882, where the title in the property has passed, but
possession has not been delivered, the seller is not entitled to:
(a) interest on the purchase price
(b) possession of property
(c) only (b) is right
Ans. (a)
56. If there are several purchasers, the seller is not concerned with the
proportion to be paid by each, but he has a charge on the whole property:
(a) for unpaid purchase money
(b) for paid up amount only
Ans. (a)
57. Conditions of contracts for sale frequently impose restrictions on the

buyer’s right to make requisitions as to title. These fall under:
(1) Requiring requisition to be made in a specified time.
(2) Restricting the period for which title is to be shown.
(3) Requiring the existence of a fact to be assumed.
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(4) Requiring the buyer to accept title as it is.
(a) only (1), (2) and (3) are relevant
(b) only (1), (2) and (4) are relevant
(c) only (1), (2), (3) and (4) are relevant
(d) only (2), (3) are relevant.
Ans. (c)
58. A lessee is not entitled to the right of marshalling under the section:
(a) 55 of the Transfer of Property Act, 1882
(b) 56 of the Transfer of Property Act, 1882
(c) 57 of the Transfer of Property Act, 1882
Ans. (b)
59. The object of section 57 of the Transfer of Property Act, 1882 is to:
(a) facilitate the sale of encumbered estates by taking the encumbrance off the
title before sale
(b) is not to facilitate the sale of encumbered estates by taking the encumbrance
off the title before sale
Ans. (a)
60. Within the meaning of section 58 of the Transfer of Property Act, 1882
a mortgage is a transfer of an interest in specific immovable property as
security for the repayment of a debt:
(a) such interest itself is immovable property
(b) such interest is not immovable property
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(c) question of interest does not arise
Ans. (a)
61. The Transfer of Property Act, 1882, refers to mortgages of immovable

property and the Indian Contract Act, 1872 refers to:
(a) pledges of immovable property
(b) mortgages of immovable property
(c) pledges of immovable property
Ans. (a)
62. Section 58 enumerates some classes mortgages:
(1) Simple mortgage
(2) Mortgage by conditional sale
(3) Usufructuary mortgage
(4) English mortgage
(5) Equitable mortgage
(6) Anomalous mortgage
(a) only (1), (2) and (3) are relevant
(b) only (4), 3 and 2 are relevant
(c) only (4), (5) and (6) are relevant
(d) all are relevant.
Ans. (d)
63. In case of usufructuary mortgage the mortgagee is placed in possession

and has a right to enjoy the rents and profits:
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(a) until the debt is paid
(b) till the contract is rescinded
Ans. (a)
64. These are some characteristics of a usufructuary mortgage under

section 58 of the Transfer of Property Act, 1882:
(1) There is no personal liability on the mortgagor.
(2) No time limit is fixed.
(3) Mortgagee takes the whole or part of the rent and profits.
(a) only (3) is relevant
(b) only (2) is relevant
(c) only (1) is relevant
(d) all are relevant.
Ans. (d)
65. Zuripeshgi lease bears a close resemblance to usufructuary mortgages,

but are not mortgages:
(a) unless the lease is for the particular purpose
(b) unless the lease is for the purpose of securing a debt
Ans. (b)
66. These are some requisites of an equitable mortgage:
(1) a debt
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(2) a deposit of title deeds
(3) an intention that the deeds shall be security for the debt
(a) only (1) is relevant requisite
(b) only (2) is relevant requisite
(c) only (3) is relevant requisite
(d) all are relevant requisites.
Ans. (d)
67. Section 60 of the Transfer of Property Act, 1882 affirms a right of

redemption:
(a) in some particular mortgages
(b) in all mortgages
(c) not in a single mortgages also
Ans. (b)
68. Which of the following sections of the Transfer of Property Act, 1882 do
not apply to persons governed by Muhammadan law?
A. Section 55
B. Section 11
C. Both A and B
D. Neither A nor B
Ans. B
69. Which of the following statements is true regarding definitions given

under the Transfer of Property Act, 1882?
A. Term ‘instrument’ means both testamentary and non- testamentary

instrument
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B. Term ‘actionable claims’ include debt secured by mortgage on the residential
house
C. The term ‘attached to earth’ will not means trees and shrubs
D. The term ‘attested’ means attested by two or more witness
Ans. D
70. Which of the following properties can be transferred under the

Transfer of Property Act, 1882?
A. Salary of a public officer
B. Right to sue
C. Both A and B
D. Neither A nor B
Ans. D
71. Which of the following transfers and conditions will be valid under the
A. A sells the property to B absolutely, with a direction that B cannot sell it

without the permission of A
B. A makes a gift to B with a condition that in case B does not divorce his wife,
the property will revert back to A
C. A gifts the property to his wife with a condition that his wife cannot sell
without A’s permission
D. None of these
Ans. D
72. Which of the following is the time limit given under Section 17 of the
A. Life of the transferee
B. A period of 18 years from the date of transfer
C. Either A or B whichever is longer

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D. Neither A nor B
Ans. B
73. In which of the following cases is rule against perpetuity not applicable
A. In case property is transferred for the benefit of lineal decedents
B. In case property is transferred for the purpose of construction of a winery
C. In case property is transferred for the purpose of creating a temple promoting

Sati
D. In case property is transferred for building a library for comic books
Ans: D
74. Under the Transfer of Property Act, 1882, vested interest is_______.
A. Defeated by the death of the transferor
B. Defeated by the death of the transferee
C. Either or both A and B
D. Neither A nor B
Ans: D
75. In which of the following cases will need for election by the owner of the
property arise under the Transfer of Property Act, 1882?
A. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed
he elects to give Rs.5,000 to A. The value of the property is 19,000
B. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed
C. B gifts the property belonging to A to C by a gift deed, in the same deed he

gifts non-redeemable bonds of Rs.5,000 to A’s youngest son. The value of the
property is 4,000
D. B gifts the property belonging to A to C. In the same gift deed he elects to

transfer a bank fixed deposit of Rs.3,000 to A. The value of the property is
19,000
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Ans: D
76. In which of the following cases will the transferee get good title of the
property transferred, if he acted in good faith?
A. Transfer by ostensible owner of the property for consideration
B. Transfer by owner of the property in which a widow has life interest for
maintenance
C. Both A and B
D. Neither A nor B
Ans: C
77. Which of the following statements is true regarding sale as defined

A. Sale cannot be for intangible property
B. Registration of every transfer of every tangible immovable property is

required
C. The full value of the property must be paid or payment of full value must be
promised
D. None of these
Ans: D
78. Which of the following statements is true regarding rights of the seller
A. He is entitled to the rents and profits of the property till he receives full
payment for the same
B. Benefit of improvement in price before the property is delivered
C. To bear the loss on decrease of the value of property before receiving full
payment
D. To the rents and profits of the property till the ownership of the property
passes to the buyer
Ans: D
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79. Which of the following is not stated as the responsibility of the buyer,
under the provisions of the Transfer of Property Act, 1882?
A. To pay or tender, at the time and place of completing the sale, the purchase
money to the seller or such person as he directs
B. To give right of inspection to seller or to any person authorised by seller after

the ownership is transferred till such time as whole payment or tendering of the
purchase money is made
C. Both A and B
D. Neither A nor B
Ans: A
80. Which of the following is nearest to meaning of the phrase ‘English

mortgaged’ as defined by the Transfer of Property Act, 1882?
A. Where on payment of certain sum by the mortgagee the property passes to

him
B. Where there are two sales made, one at the start of mortgage with the
condition that after the mortgage amount is paid back, the property will sold
back
C. Where the mortgagee gets the possession of the property with the rights of
profits, rents etc.
D. Where the mortgage is made by submitting the title deed
Ans: B
81. Which of the following is the right of mortgager to redeem as conferred

by the Transfer of Property Act, 1882?
A. Right to demand that the mortgagee at his cost, should transfer the
mortgaged property to any such third person as the mortgagor directs
B. Right to demand that the mortgagee at his cost, should transfer the
mortgaged property to the mortgagor
C. Either A or B
D. Neither A nor B
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Ans: D
the transfer cannot prejudice the rights of the transferee by any subsequent
dealing with the property. This self-evident proposition is expressed in:
(a) equitable maxim qui prior est tempore potior est jure
(b) quid pro co
(c) bona fide transfer
Ans. (a)
83. The provision of improvements made by bona fide holders under

defective titles is dealt in:
(b) section 51 of the Transfer of Property Act, 1882
(c) section 53 of the Transfer of Property Act, 1882
Ans. (b)
84. A lessee cannot appeal to this section 51 of the Transfer of Property

Act, 1882. The statement is:
(a) true
(b) false
(c) partly true
Ans. (a)
85. Some conditions must be fulfilled before the equity provided in section
51, arises:
(1) The person evicted must be transferee.

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(2) The person must have made the improvements believing in good faith that
he was absolutely entitled.
(a) only (1) is correct
(b) only (2) is correct
(c) both (1) and (2) are correct
Ans. (c)
86. A tree passer is not a transferee within the meaning of section 51 of the
Transfer of Property Act, 1882 and he is not entitled to compensation for
improvements. This was decided in:
(a) Daya Ram v. Shyam Sundari, (1965) 1 SCR 231
(b) Krishan Prasad v. Adyanath Ghatak, AIR 1944 Pat 77
(c) Bhupendra v. Pyari, (1917) 40 IC 464
Ans. (a)
87. The terms good faith in section 51 of the Transfer of Property Act, 1882
is used in the light of:
(a) Sale of Goods Act, 1930
(b) General Clauses Act, 1897
(c) Indian Registration Act, 1908
(d) Specific Relief Act, 1963.
Ans. (b)
88. Section 51 of the Transfer of Property Act, 1882, does not apply to:
(a) court sale
(b) auction sale
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(c) bid
Ans. (a)

the transferee:
(a) has lien on land for the value of improvements
(b) has no lien on the land for the value of improvements
(c) has condition lien on the land for the value of improvements
Ans. (b)
90. Section 52 of Transfer of Property Act, 1882 imposes a prohibition on

transfer or otherwise dealing of any property during the pendency of a suit,
provided the conditions laid down in section are satisfied. The statement is:
(a) false
(b) true
(c) partly true
Ans. (b)
91. The principle of lis pendens embodied in section 52 of the Transfer of

Property Act, 1882 pertains to:
(a) bona fide purchase
(b) public policy
(c) auction sale
Ans. (b)
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92. Rule of lis pendens is applicable to suits for specific performance of
contracts to transfer immovable property. The statement is:
(a) true
(b) false
(c) partly true
Ans. (a)
93. Rule of lis pendens is applicable to suits for specific performance of

contracts to transfer immovable property. This statement is:
(a) false
(b) true
(c) partly false
Ans. (b)
94. In case of a transfer hit by the doctrine of lis pendens, the question of
good faith which is essential to be established before an equitable relief can
be granted in favour of a subsequent vendee under sections 41 or 51 of the
Transfer of Property Act, 1882 is:
(a) relevant
(b) partly relevant
(c) totally irrelevant
(d) partly irrelevant.
Ans. (c)
95. A suit for pre-emption involves a right to specific immovable property

and transfer comes under:
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Ans. (b)
96. The Supreme Court held that the act of taking illegal possession of
property or the continuance of wrongful possession of property does not
amount to “otherwise dealing with the property” so as to attract section 52,
even if the wrong doer be a party to the suit. This was held in case of:
(a) Narain Singh v. Iman Din, (1934) 154 IC 729
(b) Dhansingh v. Sushilabai, AIR 1968 MP 229
(c) Harnam Singh v. Jiwan, 1906 PR 7
(d) Rajendra Singh v. Sama Singh, AIR 1973 SC 2537.
Ans. (d)
97. Section 52 of the Transfer of Property Act, 1882, does not affect to:
(a) post-transfer rights
(b) pre-existing rights
(c) instant rights
(d) pecuniary rights.
Ans. (b)
98. Section 52 of the Transfer of Property Act, 1882, does not apply when
the defendant becomes insolvent during the pendency of a suit and the
estate vests in the official assignee. The statement is:
(a) false
(b) true
(c) partly true

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Ans. (b)
99. The provision of fraudulent transfer is dealt in:
(d) section 53 of the Transfer of Property Act, 1882.
Ans. (d)
100. Every transfer of immovable property made with intent to defeat or

delay the creditors of the transferor, shall be voidable:
(a) at the option of creditor so defeated or delayed
(b) at the option of debtor
(c) at the option of court
Ans. (a)
101. A marriage settlement made to defeat and defraud creditor is voidable

under section 53 of the Transfer of Property Act, 1882. This was held in
case of:
(a) Sultan Ahmad v. Rashid Ahmad, AIR 1990 All 47
(b) Vinayak v. Mureshwar, AIR 1956 Punj 46
(c) Alamelu Achie v. Meenakshi, AIR 1960 Mad 536
Ans. (c)
102. Under the provisions of section 53 of the Transfer of Property Act,

1882, the relinquishment by one co-parcener in favour of another cannot be
said to be a transfer unless:
(a) it is found to be a device to evade creditors

41 | P a g e
(b) it is found to be a device to evade debtors
(c) it is to be a device to evade the government policy
Ans. (a)
103. Section 53 of the Transfer of Property Act, 1882, does not affect to:
(a) movable property
(b) immovable property
Ans. (a)
104. The term creditor used in section 53 of the Transfer of Property Act,
1882 includes:
(a) subsequent creditors only
(b) creditors at the time of assignment only
(c) both creditors at the assignment and subsequent creditors
Ans. (c)
105. Which of the following statements is true regarding rights of the seller

A. He is entitled to the rents and profits of the property till he receives full
payment for the same
B. Benefit of improvement in price before the property is delivered
C. To bear the loss on decrease of the value of property before receiving full
payment
D. To the rents and profits of the property till the ownership of the property
passes to the buyer
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Ans. (D)
106. In which of the following cases is rule against perpetuity not applicable
A. In case property is transferred for the benefit of lineal decedents
B. In case property is transferred for the purpose of construction of a winery
C. In case property is transferred for the purpose of creating a temple promoting

Sati
D. In case property is transferred for building a library for comic books
Ans. (D)
107. Which of the following is not stated as the responsibility of the buyer,
under the provisions of the Transfer of Property Act, 1882?
A. To pay or tender, at the time and place of completing the sale, the purchase
money to the seller or such person as he directs
B. To give right of inspection to seller or to any person authorised by seller after

the ownership is transferred till such time as whole payment or tendering of the
purchase money is made
C. both A and B
D. neither A nor B
Ans. (A)
108. In which of the following cases will need for election by the owner of
the property arise under the Transfer of Property Act, 1882?
A. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed
B. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed
C. B gifts the property belonging to A to C by a gift deed, in the same deed he

gifts non-redeemable bonds of Rs.5,000 to A’s youngest son. The value of the
property is 4,000
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D. B gifts the property belonging to A to C. In the same gift deed he elects to
transfer a bank fixed deposit of Rs.3,000 to A. The value of the property is
19,000
Ans. (D)
109. In which of the following cases will the transferee get good title of the
property transferred, if he acted in good faith?
A. Transfer by ostensible owner of the property for consideration
B. Transfer by owner of the property in which a widow has life interest for
maintenance
C. both A and B
D. neither A nor B
Ans. (C)
110. Which of the following statements is true regarding sale as defined

A. Sale cannot be for intangible property
B. Registration of every transfer of every tangible immovable property is

required
C. The full value of the property must be paid or payment of full value mast be
promised
D. None of these
Ans. (D)

1882, the right referred to in First Paragraph of this section refers to:
(a) right of transferer as against purchase from a transferee to restrain the breach
of a negative covenant
(b) negative right of transferer as against purchaser from a transferee to restrain

the breach of a negative covenant
(c) mixed right of both purchaser and transferer
44 | P a g e
Ans. (a)
112. Within the meaning of section 40 of the Transfer of Property Act,

1882, the purchaser at a court sale:
(a) is not a transferee by operation of law
(b) is a transferee by operation of law
(c) is a transferee by operation of law and is not a transferee within the meaning
of section 40
Ans. (c)
113. The transfer by ostensible owner is provided in… section of the

Transfer of Property Act, 1882:
(a) section 38
(b) section 39
(c) section 40
(d) section 41.
Ans. (d)
114. With the express or implied consent of interested person in immovable

property, a person is the ostensible owner of such property and transfers
the same for consideration, then the transfer shall not be:
(a) voidable
(b) void
(c) valid
Ans. (a)
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115. The section 41 of the Transfer of Property Act, 1882 is the statutory
application of the law of estoppel. The statement is:
(a) true
(b) false
(c) partly true
Ans. (a)
116. Under the provisions of the Transfer of Property Act, 1882, the seller
is duty bound to disclose:
A. Patent defects in the property
B. Latent defects in the property
C. both A and B
D. neither A nor B
Ans. B
117. Under the provisions of the Transfer of the Property Act, 1882, the
benefits of a contract can be assigned as an actionable claim and
transferred unless:
A. The contract is one which had been induced by personal qualifications or

considerations as to the parties to it
B. The benefit is coupled with an obligation which the assignor is bound to

discharge
C. either A or B
D. neither A nor B
Ans. C
118. What is the default interest payable under section 63 and 63 A of the
A. 8% per annum
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B. 9% per annum
C. 10% per annum
D. Interest rate is not mentioned in the sections
Ans. B
119. Where the mortgage is illegal for want of registration but the
mortgagee continues in possession of the mortgaged property, a valid
mortgage comes in existence after the expiry of:
A. 5 years
B. 10 years
C. 12 years
D. 20 years
Ans. C
120. Which of the following is not valid consideration for establishing a

lease:
A. Rent partly in money and partly in kind
B. A stipulation to pay government assessment or taxes payable by the lessor
C. a personal agreement by a tenant to pay a certain sum or a certain quantity in

kind to the landlord
D. None of these
Ans. C
121. Which of the following are valid illustrations of an anamolous

mortgage?
A. A possessory mortgage without a conditional sale
B. A possessory mortgage with a right to cause the mortgaged property to sale

in the event of default in payment
C. both A and B
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D. neither A nor B
Ans. B
122. Which of the following can be considered implied surrender of the

lease?
A. Non acceptance of a new lease taking effect during the continuance of the
existing lease
B. Abandonment of possession by the lessee
C. A surrender by one of the two joint lessee’s, implied surrender on the part of
second lessee
D. None of these
Ans. B
123. Which of the following can be transferred under the provisions of the
A. The right to mesne profits
B. A decree for mesne profits
C. A transfer of property to a prostitute for future cohabitation
D. A sub-lease of a farm for the retail sale of opium
Ans. B
124. Which of the following contracts are implied in case of mortgages

A. That the mortgagee will pay all public charges accruing due in respect of the
property
B. Where the property mortgaged is lease property, and mortgagee renews the
lease, the mortgagee has the right to continue enjoying the property until the
lease runs out
C. both A and B
D. neither A nor B
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Ans. D
125. Which of the following instruments have been excluded by the

application of section 137 of the Transfer of Property Act, 1882?
A. Shares
B. Bills of Exchange
C. both A and B
D. neither A nor B
Ans. C
126. Which of the following is a valid example of a vested interest as

defined by the Transfer of Property Act, 1882?
A. B a deceased, in his will leaves a residential property to C, to be transferred

on the death of B’s daughter-in- law
B. B a deceased, in his will left Rs.65,000 to A, to be paid on A’s 50th birthday
C. both A and B
D. Neither A nor B
Ans. A
127. Which of the following is a valid example of contingent interest as

defined by the Transfer of Property Act, 1882?
A. B gifted his property to his daughter-in-law, with a condition that the

possession of the property will transfer to her only after B’s death
B. B made a gift of Rs.15,000 to A, deposited in an account to be transferred to

A when he attains age of majority
C. both A and B
D. neither A nor B
Ans. B
128. Which of the following is the definition of the term ‘Exchange’ as

given under the Transfer of Property Act, 1882?
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A. When two or more persons mutually transfer the ownership of one thing for
the ownership of another, neither thing or both things being money only
B. When two persons mutually transfer the ownership of one thing for the
ownership of another, either thing or both things being money only
C. When two or more persons mutually transfer the ownership of one thing for
the ownership of another, either thing or both things being money only
D. When two persons mutually transfer the ownership of one thing for the
ownership of another, neither thing or both things being money only
Ans. D
129. Which of the following is the presumption made for lease under the
Transfer of Property Act, 1882, unless a contract or local usage states
otherwise?
A. The lease of immovable property for agriculture will be assumed to be for a

period of three years
B. The lease of immovable property for purpose other than agriculture and
manufacturing will be deemed to be for a period of one month
C. both A and B
D. neither A nor B
Ans. B
130. Which of the following is true regarding the ‘right of subrogation’ as

defined under the Transfer of Property Act, 1882?
A. Any person redeeming the property under provisions of section 91 of the

Act, has the same rights as the mortgagor against the mortgagee
B. Any person redeeming the property under provisions of section 91 of the

Act, has the same right as the mortgagee against the mortgagor
C. either A or B depending on the facts of the case
D. neither A nor B
Ans. A
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131. Which of the following is valid gift under the Transfer of Property
Act, 1882?
A. A gift of interest in a house to a donee by a donor, allowing him to stay in it

as long as he pays maintenance charges of Rs.30,000 per month to the donor.
The rental value of the property is Rs.26,000
B. A gift of land by donor to a done, in return of a stone necklace worth

Rs.3,000. The value of land being Rs.33,000
C. A gift of single rose valued at Rs.3 to a donee, in return of the donee being a
considerate person
D. All of these
Ans. C
132. Which of the following properties can be transferred under the

A. Salary of a public officer
B. Right to sue
C. both A and B
D. neither A nor B
Ans. D
133. Which of the following propositions for distinguishing between a lease

and a licence were made by Justice J Subba Rao in Associated Hotels of
India v. RN Kapoor?
A. To ascertain whether a document creates a lease or a licence, the form of the

document must be preferred to its substance
B. The real test is the intention of the parties, whether they intended to create a
lease or a licence
C. If the document creates an interest in the property, it is a licence; but, if it

only permits another to make use of the property, of which legal possession
continues with the owner, it is a lease
D. both A and B
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Ans. B
134. Which of the following section of the Transfer of Property Act, 1882
deal with the appointment of a receiver?
A. Section 68
B. Section 68A
C. Section 69
D. Section 69A
Ans. D
135. Which of the following sections of the provisions of the Transfer of

Property Act, 1882 deals with relief against forfeiture for the non-payment
of rent?
A. Section 114
B. Section 114A
C. Section 113
D. Section 113A
Ans. A
136. Which of the following sections of the Transfer of Property Act, 1882
were repealed by the Transfer of Property (Amendment) Act 1929?
A. Section 74
B. Section 75
C. both A and B
D. neither A nor B
Ans. C
137. Which of the following statements are true regarding rights and
liabilities of a lessor under the Transfer of Property Act, 1882?
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A. The lessee is bound on the lessor’s request to put him in possession of the
property
B. The lessor is bound to pay or tender, at the proper time and place, the
premium or rent to the lessee or his agent in this behalf
C. Lessee must not without permission erect on the property any permanent
structure, except for agricultural purpose
D. Lessee must not without permission erect on the property any temporary or
permanent structure, except for agricultural purpose
Ans. C
138. Which of the following statements hold true regarding receiver under
the provisions of the Transfer of Property Act, 1882?
A. A person paying money to the receiver must make sure that the appointment
of receiver is valid
B. The receiver can use the insurance money received, subject to other
provisions of the Transfer of Property Act, 1882, for the payment of interest
falling due under the mortgage, if so directed in writing by the mortgagee
C. The receiver can use the insurance money received, subject to other
provisions of the Transfer of Property Act, 1882, for the payment of principle
money, if so directed in writing by the mortgagee
D. None of these
Ans. C
139. Which of the following statements is true regarding suit for

redemption of mortgaged property under the Transfer of Property Act,
1882?
A. Only mortgagor can bring the suit
B. Any creditor of the mortgagor who has obtained a decree, can bring the suit
C. Any creditor irrespective of decree for the same, can bring the suit
D. Any surety for the payment of the mortgage debt, can bring the suit
Ans. D
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140. Based on court rulings in India which of the following activities will
qualify for the purpose of provisions of section 18 of the Transfer of
Property Act, 1882?
A. A gift for maintenance of property for the benefit of distinguished visitors to

neighbourhood
B. A permanent bequest by a Parsi for the performance of muktad ceremonies
C. A gift for dharma
D. A gift for the spread of the Hindu religion
Ans. B
141. C and B are two brothers living as joint family. They decided to have a
partition. In the partition deed the house with well fell on C, and B was
allowed to take water from the well out of brotherly love. The right to take
water will be in form of:
A. Easement
B. Revocable license
C. Irrevocable license
D. Interest in the property
Ans. C
142. Charge can be created by:
A. Act of parties
B. Operation of Law
C. Both A and B
D. Neither A nor B
Ans. C
143. Contract of tenancy can be split up by:
A. Court in eviction proceedings
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B. Operation of Law
C. Either A or B
D. Neither A nor B
Ans. B
144. In case a lease is made for a certain period mentioning that it is

terminable before its expiration, without mentioning at whose
option________.
A. Only lessee will have the option of termination
B. Only lessor will have the option of termination
C. The lease will be terminable only in case of mutual agreement
D. Both lessor and lessee will have option of terminating the lease
Ans. A
145. In certain areas, the zamindar has a customary right to recover one-
fourth of the sale consideration for a house sold by the riyaya. This is a
customary right of antiquity mentioned in the wajibularz of the village. It is
based not on contract or encumbrance, but arises only on sale. The riyaya
has no saleable interest in a house in an agricultural village, but such a
right is given to him on the understanding that if he leaves or abandons it,
the zamindar gets one- fourth as zare chahorum. This custom was
acknowledged because in settling the house, the zamindar had to make
certain investments. The custom is not unreasonable or opposed to law.
Which of the following statement will apply?
A. The transaction will attract provision of section 55 of the Transfer of

Property Act, 1882
B. The transaction will be saved by section 2(c) of the Transfer of Property Act,
1882 from the operation of section 55 of the act
C. The transaction is in form of customs, and customs and usage supersede the
provisions of the Transfer of Property Act, 1882
D. The transaction is in forms of customs, and provisions of the Transfer of

Property Act, 1882 supersede the customs and usage
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Ans. B
146. In Dinendronath Sannyal v Ramcoomar Ghose it was held that:
A. The transfer by operation of law occurs in case of testamentary and intestate

succession
B. An involuntary ‘sale’ is not necessarily a transfer by the operation of law
C. Legislature can modify, annul and substitute the contracts inter- vivos
D. None of these
Ans. A
147. In England, express surrenders of the lease are required by the Statute
of Frauds to be in writing, in India the express surrenders of the lease:
A. Must be in writing
B. Must be registered if there are facts de hors
C. Both A and B
D. Neither A nor B
Ans. D
148. In English law, a minor cannot hold a legal estate in land, in India, a
lease by a minor is_______.
A. Valid
B. Void
C. Voidable
D. Depends on the facts of the case
Ans. B
149. In Roman law, the earliest type of security was:
A. The fiducia
B. The pignus
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C. The hypotheca
D. None of these
Ans. A
150. In which of the following cases did J Kekewich said that “You cannot
limit an estate to a man and his heirs until he shall convey the land to a
stranger, because it is of the essence of an estate in fee that it confers free
power of alienation, and it has long been settled that the same principle is
applicable to gifts of personality.”
A. Metcalfe v Metcalfe
B. Deo v Bevan
C. Tamaya v Timpa
D. Hippolite v Stuart
Ans. A
151. In which of the following cases will the puisne mortgagee has no right
to redeem a prior mortgage?
A. Puisne mortgage is invalid
B. Puisne mortgage is time-barred
C. Puisne mortgagee has lost all remedies of foreclosure
D. All of these
Ans. D
152. Section 5 of the Transfer of Property Act, 1882:
A. Applies to property sold in auction sale
B. Does not apply to property sold in auction sale
C. Applies to compromise of doubtful rights
D. Does not apply to compromises of doubtful rights
Ans. B
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153. Section 99 of the Transfer of Property Act, 1882 deals
with____________.
A. Provisions related to charges on property
B. Provisions related to anomalous mortgage
C. Provisions related to mortgage by depositing of title deeds
D. None of these
Ans. D
154. Subrogation as defined in Section 92 of the Transfer of Property Act,

1882 can be:
A. Conventional
B. Legal
C. either A or B
D. neither A nor B
Ans. C
155. The basic ingredients of the doctrine of lis pendens are:
A. The suit should be collusive
B. Property should have been transferred or otherwise dealt with
C. A litigation should be pending in a court of competent jurisdiction
D. The suit must not be related to a specific immovable property
Ans. C
156. The doctrine of lis pendens:
A. Is applicable on both movable and immovable property
B. Is applicable on both partial and absolute transfers
C. Is applicable on both specified and unspecified properties
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D. All of these
Ans. B
157. The English Law:
A. Recognises the concept of Universal Donee
B. Recognises the concept of Universal Succession
C. Both A and B
D. Neither A nor B
Ans. D
158. The English rule against perpetuities deals with:
A. Interests to arise in future
B. Interests in proesenti
C. Both A and B
D. Neither A nor B
Ans. C
159. The English rule that a grant should be construed most favourably to
the sovereign:
A. Is applicable in India in its totality
B. Is not applicable in India
C. Partially applicable in all the cases in India
D. Partially applicable to some of the cases in India
Ans. B
160. The forfeiture under section 111(g) of the Transfer of Property Act,
1882 can________.
A. Not be waived off, except by express declaration of the same
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B. Can be waived off by acceptance of rent becoming due after forfeiture, after
the suit to eject lessee has been initiated
C. Can be waived off by accepting of rent becoming due after forfeiture, in case
lessor is not aware that forfeiture has incurred
D. Can be waived off by accepting of rent becoming due after forfeiture, as long
as lessor knows that forfeiture has incurred
Ans. d
161. The notice period for termination of lease for residential purpose
is_______, in absence of contract or usage to the contrary.
A. Fifteen days
B. One month
C. Two months
D. Forty-Five days
Ans. A
162. The Privy Council in Mohammed Sher Khan v. Seth Swami Dayal has
settled that:
A. Section 98 of the Transfer of Property Act, 1882 is subject to Section 60 of

the Transfer of Property Act, 1882
B. Section 60 of the Transfer of Property Act, 1882 is subject to Section 98 of

the Transfer of Property Act, 1882
C. Either A or B depending on the facts of the individual cases
D. Neither A nor B
Ans. A
163. The provisions of section 60A of the Transfer of Property Act, 1882 do
not apply when_________.
A. The mortgagor is in possession of the property
B. The mortgagor has recovered possession of the property
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C. The mortgagee has defaulted in receiving payment
D. The mortgagor has not defaulted in making payments
Ans. B
164. The rule against perpetuity as given in section 14 of the Transfer of

Property Act 1882, applies to:
A. Immovable property
B. Movable property
C. Both A and B
D. Unconditionally to A, conditionally to B
Ans. C
165. Transfer of Spes Succession is:
A. Valid
B. Void
C. Voidable
D. Either A or B
Ans. B
166. Under the provisions of the Transfer of Property Act, 1882, if there
are patent defects in the property:
A. The maxim of caveat emptor will apply
B. The maxim of uberrimae fidei will apply
C. Both A and B
D. Neither A nor B
Ans. A
167. Under the provisions of the Transfer of Property Act, 1882, the seller
is duty bound to disclose:
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A. Patent defects in the property
B. Latent defects in the property
C. Both A and B
D. Neither A nor B
Ans. B
168. Under the provisions of the Transfer of the Property Act, 1882, the
benefits of a contract can be assigned as an actionable claims and
transferred unless:
A. The contract is one which had been induced by personal qualifications or

considerations as to the parties to it
B. The benefit is coupled with an obligation which the assignor is bound to

discharge
C. Either A or B
D. Neither A nor B
Ans. C
169. Under the Transfer of Property Act, 1882, vested interest is_______.
A. Defeated by the death of the transferor
B. Defeated by the death of the transferee
C. Either or both A and B
D. Neither A nor B
Ans. D
170. What is the default interest payable under section 63 and 63 A of the
A. 8% per annum
B. 9% per annum
C. 10% per annum

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D. Interest rate is not mentioned in the sections
Ans. B
171. Where the mortgage is illegal for want of registration but the
mortgagee continues in possession of the mortgaged property, a valid
mortgage comes in existence after the expiry of:
A. 5 years
B. 10 years
C. 12 years
D. 20 years
Ans. C
172. Which e following is the right of mortgager to redeem as conferred by

the Transfer of Property Act, 1882?
C. Either A or B
D. Neither A nor B
Ans. D
173. Which of the following are not valid consideration for establishing a
lease:
A. Rent partly in money and partly in kind
B. A stipulation to pay government assessment or taxes payable by the lessor
C. A personal agreement by a tenant to pay a certain sum or a certain quantity in

kind to the landlord
D. None of these
Ans. C
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174. Which of the following are valid illustrations of an anamolous
mortgage?
A. A possessory mortgage without a conditional sale
B. A possessory mortgage with a right to cause the mortgaged property to sale

in the event of default in payment
C. Both A and B
D. Neither A nor B
Ans. B
175. A transfers property to B for life and after his death to C and D,
equally to be divided between them or to the survivors of them. C dies
during life of B. D survives B. At B’s death the property:
(a) shall pass to D
(b) shall pass to any person
(c) shall pass to person who is specifically named in transfer
Ans. a
176. The provisions of conditional transfer is provided in the Transfer of

Property Act, 1882:
(a) section 25
(b) section 26
(c) section 27
(d) section 29.
Ans. a
177. X transfers Rs.500 to Y on condition that he shall execute a certain

lease within three months after Y’s death, and, if he should neglect to do so
to Z. If Y dies in X’s life time:
(a) the disposition in favour of Z takes effect

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(b) the disposition shall not take effect in favour of Z
(c) the disposition requires further conditions
Ans. a
178. X marries to Y but in case she dies in his lifetime, he would transfer
the property to Z. X and Y perish together, under circumstances which
make it impossible to probe that she died before him. The disposition of
property in favour of Z:
(a) does not take effect
(b) takes effect
(c) disposition is subject to another contract
Ans. a

1882 an ulterior disposition of the kind contemplated in the provision of
section 28 cannot take effect unless:
(a) condition is strictly fulfilled
(b) condition is not fulfilled
Ans. a
180. In case of transfer of property under the Transfer of Property Act,

1882, if the ulterior disposition is not valid then:
(a) the prior disposition is affected by it
(b) the prior disposition is not affected by it
(c) no such condition is prevailed under the Transfer of Property Act, 1882
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Ans. b
181. A transfer a garden to B for her life, with a proviso that, in case B cuts
down a certain wood, the transfer shall cease to have any effect. B cuts
down the wood. Decide the case in the light of Transfer of Property Act,
1882:
(a) B loses his life interest in the firm
(b) B does not lose his life interest in the firm
(c) no such provision is made under the Transfer of Property Act, 1882
Ans. a

1882, where a person professes to transfer property which he has no right
to transfer, and as part of the same transaction confers any benefit on the
owner of the property then:
(a) such owner must elect either to confirm such transfer or to dissent from it
(b) such owner can elect to confirm such transfer only
(c) such owner can dissent from transfer only
Ans. a
183. The foundation of doctrine of election under the Transfer of Property

Act, 1882 is that a person taking the benefit of an instrument:
(a) must bear the burden
(b) must not bear the burden
(c) burden is not the subject of election
Ans. a
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184. The rule of election under the Transfer of Property Act, 1882, as
applied to Will is enacted in sections 180 and 192 of the:
(a) Indian Succession Act, 1925
(c) Sale of Goods Act, 1930
(d) General Clauses Act, 1897.
Ans. a
185. A person is not put to his election, unless he has a proprietary interest
in the property disposed off in derogation of his rights. This is the subject
matter under provisions of:
(b) section 35 of the Indian Registration Act, 1908
(c) section 35 of the Indian Succession Act, 1925
(d) General Clauses Act, 1897.
Ans. a
186. Section 37 of the Transfer of Property Act, 1882 refers to

apportionment by estate. In this light, before the Transfer of Property Act,
1882, when a transfer was severed by the sale of shares in the version the
tenant was still obliged to pay the rent to all shares jointly:
(a) unless an apportionment had been agreed to by all the parties
(b) any party is agreed by all the parties
(c) any two parties are agreed
Ans. a
187. In the Transfer of Property Act, 1882, sections 33 to 37 apply to both

immovable and movable property whereas sections 38 to 53 apply to:
(a) movable property only

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(b) immovable property
(c) both immovable and movable property
Ans. b
188. Provisions of section 38 of the Transfer of Property Act, 1882 does not
apply to cases falling under:
(a) benamidars or ostensible owners who can give no title except by estoppel
(b) contingent transfer which is based on happening and not happening of

certain events
(c) perpetual transfer
Ans. a
189. Section 38 of the Transfer of Property Act, 1882, has no application:
(a) to previous transfer where the transaction is still incomplete
(b) to succeeding transfer where the transaction is to be completed in future
(c) to perpetuity transfer
Ans. a
190. Under section 39 of the Transfer of Property Act, 1882 the provision is
made for transfer where the third person is entitled to maintenance. In this
context the court held that right of maintenance, even of a Hindu widow, is
an identified right which falls short of a charge. This was decided in case
of:
(a) Ramanandan v. Rangammal, (1889) 12 Mad 260
(b) Ram Kumar v. Ram Dai, (1900) 22 All 326
(c) Rachawa v. Shivayogoda, (1893) 18 Bom 679
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Ans. a
191. Right to maintenance under the provisions of section 39 of the

Transfer of Property Act, 1882 includes the enhanced maintenance in
future to these if there has been a material change in the circumstances.
This was decided in case of:
(a) Adiveppa v. Tengawzva, (1974) 2 Karn LJ 45
(b) Kaveri v. Parameswari, AIR 1971 Ker 216
(c) Dattatreya v. Julsabai, (1943) Bom 646
(d) Pranlal v. Chapsey, AIR 1945 Bom 34.
Ans. b
192. Within the provisions of section 39 of the Transfer of Property Act,

1882 the word “maintenance” covers also residence. This was decided in
case of:
(a) Kaveri v. Parameswari, AIR 1971 Ker 216
(b) Ramamurthi v. Kanakaratnam, (1948) Mad 315
(c) Akhoy Kumar v. Corporation of Calcutta, (1915) 42 Cal 625
(d) Maina v. Bachchi, (1906) 26 All 655.
Ans. a
193. Within the meaning of provision under section 39 of the Transfer of

Property Act, 1882 a woman is entitled to maintenance not only from the
husband, but also from sons who are members of joint family. This was
decided in case of:
(a) S. Periaswami v. Chellawal, (1980) 1 Mad LJ 46
(b) Raghvan v. Nagamal, (1979) 1 Mad LJ 172
(c) Chandramna v. Maniam Vankettareddy, AIR 1958 AP 396
(d) Basudev Dey Sarkar v. Chhaya Dey Sarkar, AIR 1991 Cal 399.
69 | P a g e
Ans. a
194. Section 41 of the Transfer of the Property Act, 1882 applies to

voluntary transfers and has no application to:
(a) court sale
(b) contingent sale
(c) perpetuity sale
(d) price less sale.
Ans. a

1882, these are some conditions:
(1) Transferer is the ostensible owner.
(2) He is so by the consent, express or implied, of the real owner.
(3) Transfer is for consideration.
(4) Transferee has acted in good faith, taking reasonable care to ascertain that
the transferer had power to transfer.
(a) only (1) and (2) are required
(b) only (1), (2) and (3) are required
(c) only (3) and (4) are required
(d) all are required.
Ans. d
196. Possession of a manager cannot be treated as ostensible ownership

with the consent of the real owner. This was held in case of:
(a) Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273
(b) Ved Kumar v. Union of India, AIR 1989 NOC 136
(c) Motimul Sowvar v. Vijalakshi Ammal, AIR 1965 Mad 432
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(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.
Ans. a
197. Inaccuracy in the recitals describing the property:
(a) cannot whitle down the effect of clear recitals in the documents about the
property to be sold thereby
(b) can whitle down the effect of clear recitals in the document about the
property to be sold thereby
(c) cannot depend upon the inaccuracy or accuracy of recital describing

property
Ans. a
198. Under section 42 of the Transfer of Property Act, 1882 if a person has
a right to transfer property, after exercising a right to revoke a previous
transfer, a transfer of such property by him will imply an exercise of:
(a) right of revocation
(b) right of transfer
(c) right of surrender
Ans. a
199. Section 43 of the Transfer of Property Act, 1882 enables a transferee

to whom a transferer has made a fraudulent or erroneous representation to
lay hold, at his option, of any interest:
(a) which the transferor may subsequently acquire with property, provided he
does not adversely affect the right of any subsequent purchaser for value
without notice
(b) which the transferee may rescind the proceeding
(c) which both transferor and transferee rescind

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Ans. a
200. In order to get the benefit of the section 43 of the Transfer of Property
Act, 1882 some conditions are necessary:
(1) Contract of transfer was made by a person who was competent to contract.
(2) Contract would be subsisting at the time when a claim for recovery of the
property is made.
(a) both (1) and (2) necessary
(b) only (1) is necessary
(c) only (2) is necessary.
Ans. a
201. Section 44 of the Transfer of Property Act, 1882, deals with:
(a) transfer by two co-owner
(b) transfer by one co-owner
(c) transfer by 3 co-owners
(d) transfers by all co-owners.
Ans. b
202. When one of several co-owners transfers his share, the transferee
acquires as against the other co-owners the same rights that of transferor
had but is subject to any condition and liabilities affecting the share at the
date of transfer. This is the provision under:
Ans. d
72 | P a g e
203. The provision for the joint transfer for consideration is dealt in:
Ans. a
204. Presumption of equity pertains to:
Ans. a
205. Under the provisions of the Transfer of Property Act, 1882, where
immovable property is transferred for consideration by persons having
distinct interests therein, the transferors are:
(a) entitled to share in the considerations equally
(b) entitled to share unequally
(c) entitled to share equally but subject to further
Ans. a
206. Where several co-owners of immovable property transfer a share

therein without specifying that the transfer is to take effect on any
particular share or shares of the transfers, the transfer, as among such
transferors, takes effect on such share:
(a) inequally where the shares were equal and where they are unequal
proportionally to the extent of such shares
73 | P a g e
(b) equally where the share were equal and where they are unequal
proportionately to the extent of such shares
Ans. b
207. Which of the following statements will hold true regarding exchange
A. All the liabilities and responsibilities under normal sale apply to exchange
B. All the liabilities and responsibilities under normal sale apply to exchange,
subject to provisions of section 119 and 121 of the Act
C. No liability and responsibility under normal sale will apply to exchange

unless specifically stated
D. Liabilities and responsibilities under normal sale will not apply to exchange
under any circumstances
Ans. B
208. Which of the following statements is true regarding the definition of

rent of lease as given under the Transfer of Property Act, 1882?
A. The rent must be in form of money and not in kind
B. The rent can be in form of money or service but not in kind
C. The rent can be in money or in kind
D. The rent cannot be in form of money
Ans. C
209. Which of the following statements is true regarding transfer of

actionable claims under the provisions of the Transfer of Property Act,
1882?
A. The transferee of an actionable claims steps into the shoes of the transferor
for all purposes
74 | P a g e
B. The transfer of an actionable claim for the purpose of gift, can be done by
delivery of the instrument and oral statement to the effect.
C. both A and b
D. neither A nor B
Ans. A
210. Which of the following statements is true under the provisions of the
A. Prepaid rent is regarded as rent
B. The foundation of the doctrine of election is that a person taking the benefit
of an instrument need not bear the burden
C. Election is a breach of the general rule that no one may approbate and
reprobate
D. The doctrine of election is based on intention to this extent that the law
presumes that the author of an instrument intended to give effect to every part of
it
Ans. D
211. Which of the following statements will apply in case a landlord in a

suit for ejectment of tenant, obtains a decree for ejectment?
A. A notice would need to be given under section 106 of the Transfer of

Property Act, 1882
B. A notice under section 106 of the Transfer of the Property Act, 1882 will be
needed in case the lease is not terminable at will
C. A notice under section 106 of the Transfer of the Property Act, 1882 is not
needed
D. A notice under section 106 of the Transfer of the Property Act, 1882 will be
needed unless there is a contract to the contrary
Ans. C
212. Which of the following statements will hold true regarding exchange
75 | P a g e
A. All the liabilities and responsibilities under normal sale apply to exchange
B. All the liabilities and responsibilities under normal sale apply to exchange,
subject to provisions of section 119 and 121 of the Act
C. No liability and responsibility under normal sale will apply to exchange

unless specifically stated
D. Liabilities and responsibilities under normal sale will not apply to exchange
under any circumstances
Ans. B
213. Which of the following transfers and conditions will be valid under the
A. A sells the property to B absolutely, with a direction that B cannot sell it

without the permission of A
B. A makes a gift to B with a condition that in case B does not divorce his wife,
the property will revert back to A
C. A gifts the property to his wife with a condition that his wife cannot sell
without A’s permission
D. None of these
Ans. D
214. Which of the following is nearest to meaning of the phrase ‘English

mortgaged’ as defined by the Transfer of Property Act, 1882?
A. Where on payment of certain sum by the mortgagee the property passes to

him
B. Where there are two sales made, one at the start of mortgage with the
condition that after the mortgage amount is paid back, the property will sold
back
C. Where the mortgagee gets the possession of the property with the rights of
profits, rents etc.
D. Where the mortgage is made by submitting the title deed
Ans. B
76 | P a g e
215. Which of the following is the right of mortgager to redeem as
conferred by the Transfer of Property Act, 1882?
C. either A or B
D. neither A nor B
Ans. D
216. An unequivocal and irrevocable settlement conferring enjoyment

rights over the property in present and each getting a specific share in it
upon the death of the settlor would create:
A. A contingent interest in favour of each of the beneficiary
B. A vested interest in favour of each of the beneficiary
C. Either A or B depending on the facts of the case
D. Neither A nor B, as it would be void
Ans: B
217. B gifts a piece of land to C, a gift deed is made and the possession of
the gift deed and the property is transferred to C. C delays the registration
of the deed and in the meantime B dies. The heirs of B:
A. Can claim the piece of land as valid gift has not been made
B. Cannot claim the piece of land as valid gift has been made
C. Cannot claim the piece of land, if C gets the deed registered before the heirs
make a claim
D. Can claim the piece of land, unless C transfers the same to someone else
Ans: B
77 | P a g e
218. B gifts a share of business to A on the condition that in case B does not
like the future daughter-in-law of B, the property will revert back to B.
Which of the following statements will apply?
A. The gift and condition and valid
B. The gift is absolute, condition is invalid and discarded
C. The gift is void in totality
D. The gift is valid in case B’s son choose not to marry
Ans: C
219. B leases out commercial property to A for the purpose of starting a

hostel for working girls. The lease is for ten years. In the fifth year of the
lease, A further leases the whole property to C for four years. After the
expiry of ten years, the C remains in the possession of the property and
continues to pay the rent to B. Which of the following statements will
apply?
A. C is in illegal possession of the property
B. The lease will continue between B and C from year to year basis
C. The lease will continue between B and C from month to month basis
D. The lease has expired, but C can continue enjoying the premises unless B
evicts him
Ans: C
220. B makes a gift deed in favour of A. The gift deed contains transfer of
three houses unburdened by obligations, two houses which are mortgaged
with C, two cars under the hire purchase agreement and three horses, one
of which is lame. Which of the following statements will apply?
A. A can accept the whole gift, he has an option to accepting or not accepting
the lame horse
B. A must accept the whole gift or refuse the same
C. A can choose to take gift of three houses and avoid all the rest
D. A has a choice to take over movable property and avoid immovable property
78 | P a g e
Ans: B
211. B makes a gift of residential house comprising of three distinct units,

one each to D, E and F. E refuses the gift. Which of the following
statements will apply?
A. One unit will default back to B
B. The house will be divided equally between D and F
C. E will continue to own one unit
D. None of these
Ans: A
212. B mortgaged three houses to A for the amount of? 76,000 plus interest
at the rate of 11 % on the amount unpaid. In due course of time B sold one
of the houses to C for Rs.55,000. Later on, B defaults in payment. On the
date of default the amount due to A including interest was Rs.1,18,994 and
the value of the houses not sold to C being Rs.3,11,222. Which of the
following statements will apply?
A. C is liable for the mortgage debt of B, and A can make a claim against the
property of C for the same
B. The sale to c is void
C. The sale to C is voidable at A’s option
D. The sale is binding and the house purchased by C is not liable to be attached
by A for the amount due
Ans: D
213. B mortgages a one story house to A. The mortgage is in form of

usufructuary mortgage. During the duration of mortgage, A without the
permission of B, constructs two more floors, and rented them out. At the
time of redemption of the property which of the following statement will
apply?
A. A is entitled to set out the rent received on the two floors constructed by him,
against the amount spent for construction
B. A is entitled to recover the cost of additional construction from B

79 | P a g e
C. A in entitled to recover the cost of additional construction from B, or in case
of default to destroy the construction done by him
D. None of these
Ans: D
214. B transfers some property to C with a condition that in case A marries

during B’s lifetime the property will go to B. A marries during B’s life.
A. The transfer to C is void and property reverts back to B
B. The transfer and condition are valid, and the property will transfer to A
C. The transfer is valid, but condition is invalid property remains with C
D. The transfer is voidable at C’s option
Ans: B
215. An unequivocal and irrevocable settlement conferring enjoyment

rights over the property in present and each getting a specific share in it
upon the death of the settlor would create:
A. A contingent interest in favour of each of the beneficiary
B. A vested interest in favour of each of the beneficiary
C. either A or B depending on the facts of the case
D. neither A nor B, as it would be void
Ans. (B)
216. B gifts a piece of land to C, a gift deed is made and the possession of
the gift deed and the property is transferred to C. C delays the registration
of the deed and in the meantime B dies. The heirs of B:
A. Can claim the piece of land as valid gift has not been made
B. Cannot claim the piece of land as valid gift has been made
C. Cannot claim the piece of land, if C gets the deed registered before the heirs
make a claim
80 | P a g e
D. Can claim the piece of land, unless C transfers the same to someone else
Ans. (B)
217. B gifts a share of business to A on the condition that in case B does not
like the future daughter-in-law of B, the property will revert back to B.
A. The gift and condition and valid
B. The gift is absolute, condition is invalid and discarded
C. The gift is void in totality
D. The gift is valid in case B’s son choose not to marry
Ans. (C)
218. B leases out commercial property to A for the purpose of starting a

hostel for working girls. The lease is for ten years. In the fifth year of the
lease, A further leases the whole property to C for four years. After the
expiry of ten years, the C remains in the possession of the property and
continues to pay the rent to B. Which of the following statements will
apply?
A. C is in illegal possession of the property
B. The lease will continue between B and C from year to year basis
C. The lease will continue between B and C from month to month basis
D. The lease has expired, but C can continue enjoying the premises unless B
evicts him
Ans. (C)
219. B makes a gift deed in favour of A. The gift deed contains transfer of
three houses unburdened by obligations, two houses which are mortgaged
with C, two cars under the hire purchase agreement and three horses, one
of which is lame. Which of the following statements will apply?
A. A can accept the whole gift, he has an option to accepting or not accepting
the lame horse
B. A must accept the whole gift or refuse the same
81 | P a g e
C. A can choose to take gift of three houses and avoid all the rest
D. A has a choice to take over movable property and avoid immovable property
Ans. (B)
220. B makes a gift of residential house comprising of three distinct units,

one each to D, E and F. E refuses the gift. Which of the following
statements will apply?
A. One unit will default back to B
B. The house will be divided equally between D and F
C. E will continue to own one unit
D. None of these
Ans. (A)
221. B mortgaged three houses to A for the amount of Rs.76,000 plus

interest at the rate of 11% on the amount unpaid. In due course of time B
sold one of the houses to C for Rs.55,000. Later on, B defaults in payment.
On the date of default the amount due to A including interest was
Rs.1,18,994 and the value of the houses not sold to C being Rs.3,11,222.
A. C is liable for the mortgage debt of B, and A can make a claim against the
property of C for the same
B. The sale to c is void
C. The sale to C is voidable at A’s option
D. The sale is binding and the house purchased by C is not liable to be attached
by A for the amount due
Ans. (D)
222. B mortgages a one story house to A. The mortgage is in form of

usufructuary mortgage. During the duration of mortgage, A without the
permission of B, constructs two more floors, and rented them out. At the
time of redemption of the property which of the following statement will
apply?
82 | P a g e
A. A is entitled to set out the rent received on the two floors constructed by him,
against the amount spent for construction
B. A is entitled to recover the cost of additional construction from B
C. A in entitled to recover the cost of additional construction from B, or in case

of default to destroy the construction done by him
D. None of these
Ans. (D)
223. B transfers some property to C with a condition that in case A marries

during B’s lifetime the property will go to B. A marries during B’s life.
A. The transfer to C is void and property reverts back to B
B. The transfer and condition are valid, and the property will transfer to A
C. The transfer is valid, but condition is invalid property remains with C
D. The transfer is voidable at C’s option
Ans. (B)
224. Under the Transfer of Property Act, 1882:
(a) a public office cannot be transferred
(b) a public office can be transferred
(c) such provision is absent in the Act
Ans. (a)

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
83 | P a g e
Ans. (b)

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.
Ans. (b)
227. 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.
Ans. (a)
228. Under section 8 of the Transfer of Property Act, 1882 the legal
incidents also includes:
(a) machinery attached to earth and the moveable parts thereof
(b) only machinery attached to earth
(c) only moveable parts of the machinery attached to earth
84 | P a g e
Ans. (a)
229. Under the provisions of section 9 of the Transfer of Property Act, 1882
the transfer includes:
(a) also oral transfer
(b) written transfer only
(d) only (b) is correct.
Ans. (a)
230. Under the Transfer of Property Act, 1882, where writing is not
expressly required by law:
(a) a transfer of properties may be made without writing in every case
(b) a transfer of property is subject to only writing
(c) no provision of oral transfer is made
Ans. (a)
231. Under the Transfer of Property Act, 1882 the condition restraining
alienation is provided in:
(a) section 10
(b) section 9
(c) section 8
(d) section 7.
Ans. (a)
232. Where in a Transfer of Property, an interest is created absolutely in

favour of any person though the terms of the transfer direct that such
interest shall be applied or enjoyed by him in a particular member:
85 | P a g e
(a) he shall be entitled to receive and dispose of such interest as if there were no
such direction
(b) he shall not be entitled to interest
(c) he shall be entitled to interest subject to terms and conditions
Ans. (a)
233. 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
endeavouring to transfer or dispose of property, such condition is:
(a) valid
(b) void
(c) partly void
Ans. (b)
234. Provisions of section 12 of the Transfer of Property Act, 1882:
(a) does not apply to lease condition in the benefit of the lessor
(b) does apply to a condition in a lease for the benefit of lessor
(c) no such condition is made under such provision
Ans. (a)
235. The rules against the perpetuity are provided in section ……..of the
Transfer of Property Act, 1882:
(a) 14
(b) 15
(c) 16
86 | P a g e
(d) 17.
Ans. (a)
236. No transfer of property can operate to create an interest which is to

take effect after the life time of one or more persons living at the date of
such transfer. These provisions come under:
(a) rules against retrospective transfer only
(b) rules against perpetuity
(c) rules against prospective transfer
Ans. (b)
237. Under section 16 of the Transfer of Property Act, 1882 where an

interest created for the benefit of a person or class of persons fails then:
(a) any interest created in the same transaction intended to take effect after or
upon failure of such prior interest also fails
(b) any interest created in the same transaction and intended to take effect after
or upon failure of such prior interest does not fail
(c) such failure does not affect
Ans. (a)
238. 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.
Ans. (a)
87 | P a g e
1882, the income arising from the property shall be accumulated either
wholly or in part during a period:
(a) longer than life of the transferor
(b) shorter than life of transferor
(c) no such period is mentioned
Ans. (a)

1882, the provisions of some sections shall not apply in case of a transfer of
property for the benefit of the public in the advancement of religion,
knowledge, commerce, health, safety or any other object beneficial to
mankind. These sections are:
(a) 13, 14, 15 and 16
(b) 14, 16 and 17
(c) 14, 16, 17 and 18
(d) 14, 15 and 20.
Ans. (b)
241. The provision of vested interest is provided in:
(a) section 18 of the Transfer of Property Act/ 1882
Ans. (b)
242. According to the provisions of section 19 of the Transfer of Property

Act, 1882:
88 | P a g e
(a) the vested interest is not defeated by the death of the transferee before he
obtains possession
(b) vested interest is defeated by the death of transferee before he obtains

possession
(c) no such provision is made
Ans. (a)
243. Under the provisions of the Transfer of Property Act, 1882, the
unborn person acquires vested interest on transfer for his benefit:
(a) upon his birth
(b) 7 days after his birth
(c) 12 days after his birth
(d) no such provision is made in the Act.
Ans. (a)
244. Under the provisions of the Transfer of Property Act, 1882 an unborn
person acquires vested interest on transfer upon his birth, although:
(a) he may not be entitled to the enjoyment immediately on his birth
(b) he is entitled after 7 days after his birth
(c) no such provision is made
Ans. (a)
245. In the context of contingent interest in case of happening of a

uncertain event or if a specified uncertain event shall not happen, such
person acquires a contingent interest in the property. Such interest:
(a) becomes vested interest in the former case, on the happening of the event, in
the later, when the happening of event becomes impossible
(b) does not become vested interest

89 | P a g e
(c) vested interest does not depend upon happening or not happening of event
Ans. (a)
246. The provision of contingent interest is provided in:
Ans. (b)
247. Where interest on transfer of property is created in favour of

members only of a class as shall attain a particular age:
(a) such interest does not vest in any member of the class who has not attained
that age
(b) such interest vests in any member irrespective of class who has not attained
that age
(c) no such provision is made under the Act
Ans. (a)
90 | P a g e

Sale of Immovable Property

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Sale of Immovable Property

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Sale of Immovable Property

Sale of immovable property has been defined as a transfer of ownership in

Section 54 of the Transfer of Property Act, 1882

Section 54 of the Transfer of Property Act (IV of 1982) defines sale

“Sale” is a transfer of ownership in exchange for a price paid or promised or

Sale How Made:

Contract of Sale of Immovable Property:

A contract of sale is different from a sale, as it does not require registration.

In the case of Ramesh Chand Ardavatiya v. Anil Pangwani (2003), decided by

“A contract for sale of immovable property is a contract that a sale of such

Mortgage: Justice Mahmood in Gopal v. Parsotam (1883) has defined mortgage

In the case of Santley v Wilde (1899), it was observed that, a mortgage is a

Essential Elements of Sale of Immovable Property

Subject Matter of Sale of Immovable Property:

Section 54 only governs the sale of immovable property. Immovable property

In Rail Vihar Kalyan Sahkari Awas Samiti v. State of Uttar Pradesh(2005), a

They constructed these flats/apartments under the self-finance arrangement in

There has to be a transfer of ownership by the seller to the buyer.

The term “paid or promised to be paid” also suggests that this promise to pay

Section 55 of the Transfer of the Property Act, 1882

Rights, Duties and Liabilities of Seller in case of Sale of Immovable

 To disclose any material defect: a seller is bound to inform the buyer of

According to section 55(4) of the Transfer of Property Act, 1882, it can be

Right to get Interest on Unpaid buying money:-where the ownership of the

Rights and Duties of Buyer in case of Sale of Immovable Property::

Right to get Interest-unless he has improperly declined to accept delivery of

Liability of payment of purchase money- To pay or tender, at the time and

Liability to bear damages– where the ownership of the property has passed to

 Textbook on The Transfer of Property Act, Dr. Avtar Singh, Universal

Transfer of Property Act: Notes, Case Laws and Reading Materials

Section 5 of the Transfer of Property Act, 1882 defines the term transfer of

Meaning and Definition of Property

 Movable and Immovable Property

General Rules and Doctrines regarding Transfer of Property

 Actionable Claim under Transfer of Property Act

Sale under Transfer of Property Act

 Sale of Immovable Property (Meaning, Essentials, and Rights and

Mortgage under Transfer of Property Act

 Concept Mortgage Under Transfer of Property Act

Lease under Transfer of Property Act

 Meaning and Essentials, Determination of Lease, and Rights-Liabilities

Gifts under Transfer of Property Act

(a) pecuniary ownership

(b) residuary ownership

(c) conditional ownership

(d) none of the above.

2. When the mortgagor’s right to redeem accrues, the mortgagee has a

(a) his security

(b) his interest

(c) only (b) is correct

(d) none of the above.

3. The doctrine of a clog on the equity of redemption is a rule of justice,

(a) Apte v. Price, AIR 1962 AP 274

(b) Kandula Kenkiah v. Donga Pallaya, (1920) 43 Mad 589

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

(d) none of the above.

(a) Gangadhar v. Shankarlal, AIR 1958 SC 77

(b) Ramlochan Singh v. Pradip Singh, AIR 1959 Pat 230

(c) Banarsilal v. Purnachand, AIR 1985 P&H 189

(d) none of the above.

5. When a mortgagee acquires a portion of equity of redemption, the

(a) Satyapal v. Rakayyabai, AIR 1993 Bom 203

(b) Madhavan v. Madhavan, AIR 1994 Ker 75

(c) Tamboli Ramanlal Motilal v. Gharchi Chimanlal Keshavlal, AIR 1992 SC