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August / September 2021

A purchases a house from B without making proper enquiries relating to the house.
Later it was found that the house is mortgaged with C. What is the remedy available
to B
Ans :If A purchased the house from B without making proper enquiries and later discovered
that the house is mortgaged with C, B may have some remedies available, depending on the
specific circumstances of the transaction.
One possible remedy available to B is to seek rescission of the contract, which would
essentially cancel the sale and allow B to regain ownership of the house. However, this
remedy may only be available if B can show that A made a misrepresentation or failed to
disclose important information about the mortgage to B. Additionally, if the house has
already been transferred to A, B may need to show that A acted fraudulently or with wilful
misconduct.
Alternatively, B may be able to seek damages from A for any losses suffered as a result of
the mortgage. This could include the amount of the mortgage, any interest or fees incurred,
and any other expenses associated with resolving the issue. B may need to prove that A was
negligent in failing to make proper enquiries, and that this negligence caused B's losses.

.
A sells house with a condition that B the purchaser has a reside in it and should sell
the property to any other person. Is the condition valid.

Ans: The condition that B, the purchaser, must reside in the house and cannot sell the
property to any other person may not be a valid condition depending on the specific laws and
regulations governing the sale of property in the jurisdiction where the transaction took
place.

In general, when selling a property, the seller may include certain conditions in the sale
agreement. However, these conditions must be legal and enforceable. Conditions that are
against public policy or violate the law are generally considered invalid and unenforceable.

In some jurisdictions, there may be laws or regulations that protect a purchaser's right to
sell their property. For example, in some countries, there are laws that prohibit restrictive
covenants that prevent a purchaser from selling the property to certain individuals or
groups.

A transfers Rs.5000 to B as condition that he shall marry with the consent of C, D

and E. E dies. B marries with the consent of C and D. Is the condition fulfilled.

The condition that B shall marry with the consent of C, D, and E, and that Rs.5000 was
transferred as a result of this condition may depend on the specific wording of the
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condition and the laws and regulations governing the transaction. However, based on the
information provided, it appears that the condition may have been fulfilled.
Since B obtained the consent of C and D to marry, the condition relating to their consent
has been met. However, it is unclear whether the condition relating to the consent of E has
been fulfilled. If the condition stated that the consent of all three parties was required,
then it could be argued that the condition has not been fulfilled since E has passed away.
However, if the condition stated that the consent of any two of the three parties was
sufficient, then the condition may have been fulfilled since B obtained the consent of C and
D.
It is important to note that conditions that restrict the right to marry are generally not
enforceable, as they may violate public policy and individual rights.

A transfer property to B, C, D and E all alive on the date of transfer successively,

and then the eldest son of E attained 21 years. Decide the validity of the transfer.

Based on the information provided, it is not entirely clear what type of transfer has
occurred. However, assuming that A transferred ownership of the property to B, C, D, and E
as joint tenants, with right of survivorship, the transfer may be valid, subject to certain
conditions.
As joint tenants, each of the four individuals (B, C, D, and E) would have an equal share in
the property, and if one of them were to pass away, their share would pass to the surviving
joint tenants. This means that if any of the joint tenants were to pass away before the
eldest son of E attains 21 years, their share of the property would automatically pass to the
remaining joint tenants, and not to their heirs or beneficiaries.
However, once the eldest son of E attains 21 years, it is possible that the joint tenancy may
be severed. This means that the joint tenancy is converted into a tenancy in common, and
each joint tenant would have a distinct, individual share in the property that they could
dispose of as they wish.
In general, if a joint tenant wishes to sever the joint tenancy, they must take specific legal
steps to do so, such as executing a deed of severance or by agreement. Once the joint
tenancy is severed, each tenant in common would be able to dispose of their individual share
of the property.
Therefore, whether the transfer is valid and the consequences of the transfer would
depend on the specific details of the transfer and the applicable laws and regulations
governing property ownership in the relevant jurisdiction.

February 2021

13. Property is transferred to "A" for life and the remainder to his eldest son on
attaining 18 years of age. A has no son on the date of transfer. Is the transfer
valid? Decide.
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The transfer may be considered invalid or void. The remainder interest to A's eldest son is
a contingent remainder because it is dependent on a condition that may or may not occur,
i.e., A having a son. Since A has no son on the date of transfer, the contingency is not
fulfilled, and the remainder interest is therefore invalid.

In general, a valid transfer of property requires that the person transferring the property
has the legal capacity to do so and that the transfer is made to a valid recipient for a valid
consideration. However, in the case of a contingent remainder, the condition must be
capable of occurring at the time of the transfer for the remainder interest to be valid.

Therefore, in this case, the transfer of the property to A for life and the remainder to his
eldest son on attaining 18 years of age may be considered invalid or void because the
condition for the remainder interest to be valid is not capable of occurring at the time of
the transfer. The specific laws and regulations governing property transfers in the relevant
jurisdiction may also affect the validity of the transfer.

14 "A" purchases property in the name of B. B, sells the property to 'C' without A's
authority. A sues to recover the property from "C" - Decide.

A may have a valid claim to recover the property from C based on the principle of "voidable
title." If A purchased the property in the name of B, it is possible that B was only holding
the property in trust for A, and did not have the authority to sell the property without A's
consent. If B sold the property to C without A's authority, then the sale may be considered
voidable at the option of A.

Under this principle, if a person wrongfully transfers property to another person who
purchases it in good faith, the original owner may have the right to recover the property
from the good-faith purchaser. However, the right to recover the property is subject to
certain conditions and limitations, which may vary depending on the specific laws and
regulations governing property transfers in the relevant jurisdiction.

Therefore, in this case, A may have a valid claim to recover the property from C based on
the principle of voidable title, provided that A can demonstrate that B did not have the
authority to sell the property and that C purchased the property in good faith.

15 "A" makes a gift to B, C and D. B and C accepted the gift while D refuses. What
happens to the gift?

If a gift is made to multiple recipients, and one of the recipients refuses to accept the gift,
the gift may be considered incomplete or invalid as to that particular recipient. In this case,
since D refused to accept the gift, the gift may be considered incomplete or invalid as to D.
The general rule for gifts is that the gift must be complete and unconditional to be valid.
This means that the donor must have the intention to give the property as a gift, and must
deliver the property to the recipient(s) with the intention of transferring ownership.
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Additionally, the recipient(s) must accept the gift in order for the transfer to be complete
and unconditional.
Therefore, in this case, the gift made by A may be considered valid as to B and C since they
accepted the gift. However, the gift may be considered incomplete or invalid as to D, who
refused to accept the gift. The specific laws and regulations governing gifts and property
transfers in the relevant jurisdiction may also affect the validity and effect of the gift.

16. The Government of T.S. wants to lease a land situated in a scheduled area for
commercial purpose. Is it valid?

The validity of the government's proposal to lease a land situated in a scheduled area for
commercial purpose would depend on a number of factors, including the relevant laws and
regulations governing such leases, and any applicable constitutional provisions.
Scheduled areas in India are areas where the Constitution of India recognizes the
existence of tribes and tribal communities, and provides for certain protections and
safeguards for their welfare and development. These areas are governed by the Fifth and
Sixth Schedules of the Constitution of India, as well as other laws and regulations specific
to each state.
In general, any proposed use of land in a scheduled area for commercial purposes would need
to be in compliance with the relevant laws and regulations governing the use of land in such
areas, and would need to take into account the rights and interests of the tribes and tribal
communities living in the area.
Therefore, in order to determine the validity of the government's proposal to lease the
land for commercial purpose, it would be necessary to review the specific laws and
regulations governing the use of land in scheduled areas in the relevant state, as well as any
relevant constitutional provisions.

October 2020

13.A" Hindu male owing sepafate property dies leaving his widow W and his brother B.
B transfer his right to succeed to the Estate of "A" infavour of D. Is the transfer
valid?

Under Hindu law, a male Hindu who dies leaving behind separate property, such as his own
self-acquired property, can choose to dispose of that property through a will or through the
rules of succession provided under the Hindu Succession Act, 1956. If he dies intestate,
i.e., without leaving a will, then his property would devolve upon his legal heirs in accordance
with the rules of succession under the Act.

In the given scenario, if "A" died intestate, his property would devolve upon his legal heirs,
which in this case would be his widow W and his brother B, as they are both class I heirs
under the Hindu Succession Act. B would have a right to inherit a share in "A's" estate as a
legal heir.
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If B transferred his right to succeed to the estate of "A" in favor of D, it would depend on
the nature of the transfer and the applicable laws. If B made a valid and legal transfer of
his right to succeed in accordance with the relevant laws and regulations, then the transfer
may be considered valid.

However, it is important to note that the transfer of the right to succeed in a property is
not the same as the transfer of ownership of the property itself. The transfer of the right
to succeed only means that the transferee would have the right to inherit a share in the
property, if and when it devolves upon the transferor as a legal heir.

Therefore, the validity of the transfer would depend on the specific circumstances of the
transfer, the nature of the right being transferred, and the applicable laws and regulations.

14.A transfer Rs.20 lakhs to his niece, if she will desert her husband. Is the transfer
valid?

The transfer of Rs.20 lakhs to the niece with the condition that she will desert her husband
is a conditional transfer. In general, conditions that are illegal or against public policy are
considered void and unenforceable under Indian law.

In this case, the condition attached to the transfer of Rs.20 lakhs is against public policy as
it encourages a person to violate the sanctity of marriage and to engage in an act that is
considered immoral and illegal under Indian laws. Therefore, the condition attached to the
transfer of Rs.20 lakhs is likely to be considered void and unenforceable by a court of law.

Furthermore, it is important to note that even if the transfer is considered valid, the niece
may not be legally bound to comply with the condition attached to the transfer. In other
words, she cannot be forced to desert her husband in exchange for the transfer of Rs.20
lakhs. If she does desert her husband, she may be held liable under the applicable laws, and
the transferor may also face legal consequences for encouraging such illegal conduct.

Therefore, it is advisable to avoid making conditional transfers that are illegal or against
public policy, as they are likely to be considered void and unenforceable.

15.A takes lease of a Building for being used as a dyeing factory. He stores chemicals
in the Building needed for his business. The building is burnt down and damage is
caused because of storage of chemicals. Discuss the liability of 'A

In this case, A took a lease of a building for use as a dyeing factory and stored chemicals in
the building necessary for his business. The building is burnt down and damage is caused
because of the storage of chemicals. The liability of A will depend on the facts and
circumstances of the case and the terms of the lease agreement.
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Generally, when a tenant stores hazardous or dangerous materials on the leased property,
they have a duty to take reasonable care to prevent harm to others or damage to the
property. If the tenant fails to take reasonable care, and damage is caused as a result, the
tenant may be held liable for the damage.

Therefore, in this case, A may be held liable for the damage caused if it is found that he
failed to take reasonable care to prevent harm to others or damage to the building. A may
be held responsible for any negligence on his part, such as failure to properly store, handle
or dispose of the chemicals, or failure to take appropriate safety measures to prevent fire
hazards.

It is important to note that the lease agreement may also contain specific provisions
regarding the storage of hazardous materials and the tenant's liability for any resulting
damage. If the lease agreement contains such provisions, A may be held liable for any
breach of the lease terms.

Therefore, in conclusion, A may be held liable for the damage caused if it is found that he
was negligent or breached the terms of the lease agreement regarding the storage of
hazardous materials.

16.'A allowed his neighbor B to park his car in A's House. After some time, A refused
to park the car of B. State whether B can claim the easement right? Decide.

In this scenario, B was allowed to park his car in A's house for some time, but A later
refused to continue allowing B to park his car there. The question is whether B can claim an
easement right in this situation.

An easement is a right given to a person to use another person's property for a specific
purpose, even though the person using the property does not own it. In order to claim an
easement, certain conditions must be met, including that the right must be capable of being
granted, must be in respect of a specific property, and must benefit the claimant.

In this case, B may be able to claim an easement right to park his car on A's property if
certain conditions are met. For example, if B can establish that he has been using A's
property to park his car for a long period of time, without any objection from A, he may be
able to claim a prescriptive easement based on the principle of 'lost modern grant'. This
means that B has used the property in a manner that is open, uninterrupted, and without
objection from A for a sufficient period of time that A is deemed to have granted an
easement by implication.

However, if B has only been parking his car on A's property for a short period of time and A
has objected to the continued use, it may be difficult for B to claim an easement right. In
such a case, B may need to negotiate with A to obtain permission to park his car on A's
property.
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In conclusion, whether or not B can claim an easement right in this situation will depend on
the specific facts and circumstances of the case, including the duration of B's use of A's
property, any objections from A, and any other relevant factors.

July I August 2019

13.A touring talkies was installed on a mortgaged land. Cinema equipment such as
projector, a discal engine were installed in a temporary shed on the land. Whether the
machinery was immovable property or movable property?

The question here is whether cinema equipment such as a projector and discal engine
installed in a temporary shed on a mortgaged land are immovable property or movable
property.

In general, immovable property refers to land and anything permanently attached to it, such
as buildings or structures. Movable property, on the other hand, refers to anything that can
be physically moved from one location to another.

In the case of cinema equipment installed in a temporary shed on a mortgaged land, it is

likely that the equipment would be considered as movable property. Although the equipment
is attached to the shed, it can be physically removed and relocated to another location.
Moreover, the shed itself is temporary and can be dismantled and moved as well.

It is important to note, however, that the classification of property as movable or

immovable can vary depending on the specific laws and regulations of the jurisdiction in
question. In some cases, certain types of property that are attached to land may be
considered as immovable property, while in others they may be considered as movable
property.

14.A refuses a registered letter, which contains certain information relating to

property which A proposes to purchase. Later he refuses to know the complete
information of the property. Discuss.

If A refuses a registered letter that contains certain information about the property he
proposes to purchase, he cannot later refuse to know the complete information about the
property. By refusing the registered letter, A is essentially refusing to receive important
information related to the property, which may affect his decision to purchase the
property.

If A later refuses to know the complete information about the property, he may be deemed
to be acting in bad faith. A prospective buyer has a duty to make reasonable inquiries and to
investigate the property before making a purchase. By refusing to receive information and
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failing to conduct his own investigations, A may be considered to have failed in his duty as a
prospective buyer.

In some jurisdictions, there may be legal consequences for a party who fails to act in good
faith in a transaction. For example, a court may hold that the contract for the purchase of
the property is voidable or unenforceable, or may award damages to the other party for any
losses suffered as a result of the failure to act in good faith.

Therefore, A should make reasonable efforts to obtain all the necessary information about
the property before making a purchase, including accepting registered letters and
conducting his own investigations, to ensure that he is acting in good faith and making an
informed decision.

15.The appellant cre ated a trust in respect of the lands in question for the purpose
of the running a free public dispensary and for giving scholarship to students for
pursuing their studies. The settler appointed himself as the sole trustee. Justify

The creation of a trust for the purpose of running a free public dispensary and giving
scholarships to students is a noble and charitable purpose, which is legally recognized and
encouraged. The appointment of the settler as the sole trustee, however, raises some legal
and ethical concerns.

Under the Indian Trusts Act, 1882, a trust must have a trustee or trustees to hold and
manage the trust property for the benefit of the beneficiaries. The trustee is a fiduciary
who holds a position of trust and is expected to act in the best interests of the
beneficiaries. It is generally not advisable for the settler to appoint himself as the sole
trustee, as this can lead to conflicts of interest and undermine the integrity of the trust.

In the present case, the settler's appointment of himself as the sole trustee raises
questions about the settler's motives and the potential for abuse of power. The settler may
be tempted to use the trust property for his own benefit, rather than for the stated
charitable purposes of the trust. Additionally, the settler may not have the necessary
expertise or experience to manage the trust property and carry out the charitable
activities effectively.

Therefore, it is advisable for the settler to appoint independent trustees to oversee the
management of the trust property and ensure that the charitable purposes of the trust are
fulfilled. This will help to safeguard the interests of the beneficiaries and ensure that the
trust property is used for its intended purposes.

16.A expecting that C, his aunt, who had no issues, would bequeath her house worth
Rs.50,000 transfers it to B. Is the transfer valid?

No, the transfer is not valid. The transfer was made with an expectation that C, the aunt,
would bequeath her house worth Rs.50,000 to A. Such a transfer made in expectation of
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the death of a living person is known as a transfer in the contemplation of death or a

donatio mortis causa. Such transfers are not valid as they are revocable until the death of
the transferor. In this case, since the aunt is still alive, the transfer is not valid.

Jan 2019

16. A makes a gift to X,Y and Z.X and Y accept while Z refuses. What happens to
the gift?
In this scenario, the gift can be divided into two parts:

The portion of the gift that was accepted by X and Y. Once X and Y accept the gift, it
becomes their property, and they are entitled to use it as they see fit.
The portion of the gift that was refused by Z. Z has no claim to the gift and cannot use it.
However, the gift may still be given to X and Y, who accepted it, or it may be returned to
the giver, A.
If the gift was given to X, Y, and Z jointly, then the refusal of Z may render the entire gift
invalid, and A may choose to give the gift to another recipient or keep it themselves.

It's worth noting that the specific legal and cultural rules around gift-giving can vary widely
depending on the jurisdiction and culture in question. So, the exact outcome of this scenario
may depend on the context in which it occurred.

15)Some property transferred to D in case of A, B and C shall all dies under the age
of 18
years. Examine what type of interest is vested in D?

The type of interest that is vested in D in this scenario is a contingent remainder.

A contingent remainder is a future interest in property that is created in favor of a person

or entity that is not yet entitled to possession of the property, but whose right to receive
it is contingent upon the occurrence of a specific event. In this case, the event upon which
D's right to the property is contingent is the death of A, B, and C, all under the age of 18
years.

It is important to note that the transfer of property to D in this scenario is subject to the
Rule Against Perpetuities, which prohibits interests in property from vesting too remotely
in the future. This means that the contingency must be capable of being resolved within a
certain time limit, which varies depending on the jurisdiction. If the contingency cannot be
resolved within the applicable time limit, the interest in the property will be void.

14. "A" purchases property in the name of "B". "B" sales the property to "C" without
A's
authority. "A" sues to recover the propertyfrom C. Decide.
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In this scenario, "A" purchased the property in the name of "B", which means that "B" is the
legal owner of the property. However, "B" sold the property to "C" without "A's" authority.

Under these circumstances, "A" may have a valid claim to recover the property from "C"
based on the legal concept of "voidable title". Voidable title is a legal term that refers to a
situation where a person acquires ownership of property through a transaction that is
technically valid but may be later voided by the true owner of the property.

In this case, "B" did not have the authority to sell the property to "C" without "A's"
permission, as "A" was the true owner of the property. Therefore, the sale of the property
by "B" to "C" may be considered voidable at the option of "A". This means that "A" may be
able to sue "C" to recover the property and may have a strong legal basis for doing so.

However, the specific legal rules and requirements for voiding a title vary depending on the
jurisdiction and the specific circumstances of the case.

Under Hindu law, a Hindu male's property is classified into two categories, namely, ancestral
property and separate property. Ancestral property is the property inherited from
ancestors, while separate property is the property that a person acquires by his own
efforts or as a gift or inheritance from his own relatives.

When a Hindu male owning separate property dies without leaving a will, the property
devolves among his legal heirs, including his widow and his brother. In this scenario, A dies
leaving behind his widow B and his brother C, who are both entitled to a share in A's
separate property.

However, C has transferred his right to succeed to the estate of A in favor of D. The
validity of this transfer depends on whether the transfer was made before or after the
death of A.

If C transferred his right to succeed to the estate of A before A's death, the transfer is
invalid. This is because C's right to succeed to the estate of A is a mere spes successionis
or a mere chance of succession, which is not transferable.

On the other hand, if C transferred his right to succeed to the estate of A after A's
death, the transfer is also invalid. This is because C's right to succeed in A's separate
property has already vested in him upon A's death, and it cannot be transferred to anyone
else.

Therefore, the transfer of C's right to succeed to the estate of A in favor of D is not valid
in either case. B and C would be entitled to the shares of the property as legal heirs, and D
would not have any claim to the property.
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13. A, Hindu male owning separate property dies leaving his widow B and his brother C.
C transfer his right to succeed to the estate of A, in favour of D. Is the transfer
valid?

In Hindu law, when a Hindu male dies leaving separate property, his widow and his brother
are both entitled to succeed to his estate. However, the brother's share will be smaller
than that of the widow's.

In this case, C has transferred his right to succeed to the estate of A to D. However, such
a transfer is not valid under Hindu law. The right to succeed to the estate of a deceased
Hindu male is a personal right, and cannot be transferred to another person.

Therefore, the transfer of C's right to succeed to the estate of A in favor of D is not valid,
and B and C would be the legal heirs entitled to succeed to the estate of A in accordance
with Hindu law.

August/ September 2018

13 'A' transfer his property to 'B' for life, then after his death, to his son 'C' for
life and after his death to his son 'D' absolutely. Is such transfer valid? Decide.

The transfer described in the question is a type of property arrangement known as a life
estate with remainder interest. A life estate is a property interest that gives the holder (in
this case, 'B' and 'C') the right to possess and use the property for the duration of their
lifetime. The remainder interest (in this case, 'D') means that after the death of the life
tenants ('B' and 'C'), the property passes to the remainderman ('D').

In general, such a transfer is valid if it meets the requirements of the law. However, the
validity of this particular transfer would depend on the specific laws of the jurisdiction in
which it is made. It's possible that certain legal restrictions or limitations might apply to
the transfer of property, such as limitations on who can hold property or how property can
be transferred.

In addition, the transfer would need to comply with any applicable legal formalities, such as
executing a valid deed or complying with any applicable rules of inheritance or property law

14.B transfer Rs. 10 lakhs to his niece, if she is wiling to desert her husband D. Is
the transfer valid?

No, the transfer described in the question is not valid as it involves a condition that is
illegal and against public policy. In India, as per Section 23 of the Indian Contract Act,
1872, any agreement that involves a consideration that is opposed to public policy or is
illegal is void.
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The condition mentioned in the question that B's niece must desert her husband D in
exchange for the transfer of Rs. 10 lakhs is against public policy and is considered to be
immoral and illegal. The Indian legal system recognizes marriage as a sacred institution and
considers any agreement that encourages or promotes the breakdown of a marriage as void.

Therefore, any transfer of money or property that is conditional upon the breaking up of a
marriage is not valid and cannot be enforced by law. The niece cannot be compelled to leave
her husband or to fulfill the condition in exchange for the transfer of money, and B cannot
enforce the transfer based on such a condition.

15.A, B and C are co-owners of a house to which an easement is annexed. A without

the consent of B and C releases the easement. Discuss.

An easement is a right attached to a property that allows a non-owner to use the property
in a particular way, such as a right of way over a path or road. In this case, A, B, and C are
co-owners of a house to which an easement is annexed. A has released the easement without
the consent of B and C. This action is not legal as A does not have the sole authority to
release the easement.

As co-owners of the property, A, B, and C have equal rights to the property, and any
decision affecting the property should be taken with the consensus of all the co-owners. A's
action of releasing the easement without the consent of B and C amounts to a breach of
trust and a violation of the rights of the other co-owners.

Moreover, an easement is a right attached to the property and not to an individual owner.
Therefore, A alone does not have the power to release the easement, as it would affect the
rights of the other co-owners.

In case A has already released the easement without the consent of B and C, they can take
legal action against A for violating their rights as co-owners. They may approach the court
seeking relief and restoration of the easement. The court may also impose penalties on A
for violating the rights of the other co-owners and for releasing the easement without their
consent.

16 An Estate is transferred to A until he shall marry and after that it extend to B.

What kind of interest is treated against B?

The type of interest that is created in the transfer described in the question is a future
interest known as a remainder. Specifically, A has been granted a life estate, which means
he has the right to use and occupy the property until a certain event occurs, in this case, his
marriage. Once that event occurs, the remainder interest in the property passes to B, who
becomes the owner of the property.

In this case, B's interest in the property is known as a vested remainder, which means that
the interest is certain to become possessory in the future, provided that A gets married. A
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vested remainder is not subject to any conditions or contingencies, and the holder of the
remainder has a present right to future possession of the property.

Therefore, the interest that is treated against B is a vested remainder, which becomes
possessory only upon the occurrence of the specified event, which is A's marriage. Until
then, A has a life estate in the property, and B has a vested remainder in the property that
is subject to A's life estate.

March / April 2018

13. Property is transferred to "A" for life and the remainder to his eidest son on
attaining 25 years of age. A" has no son on the late of transfer. Is the transfer
valid? Decide.
In the transfer described in the question, property is transferred to "A" for life, and the
remainder is given to his eldest son on attaining the age of 25 years. However, at the time
of the transfer, "A" has no son. In this scenario, the transfer of the property is still valid,
but the remainder interest fails.

The remainder interest is a future interest created in a property that takes effect after
the termination of a prior estate, such as a life estate. In this case, the remainder is given
to "A's" eldest son on attaining the age of 25 years. However, since "A" has no son at the
time of the transfer, the remainder interest fails as it is contingent upon the existence of a
son.

In such a situation, the general rule of law is that the remainder interest is void, and the
property reverts to the transferor or his heirs upon the termination of "A's" life estate.
Therefore, if "A" dies without any surviving heirs, the property will revert back to the
transferor or his heirs.

It is important to note that the validity of such a transfer would depend on the specific
laws of the jurisdiction in which it is made, and the transfer must comply with any applicable
legal formalities, such as executing a valid deed or complying with any applicable rules of
inheritance or property law.

14. A purchases property in the name of B. B sells the property to C without "A" s
authority. "A"suc. to recover the property from C. Decide.
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In the situation described in the question, A purchases a property in the name of B, but B
sells the property to C without the authority of A. In such a scenario, A has a right to
recover the property from C, as the sale made by B to C is not valid.

The reason for this is that B did not have the legal authority to sell the property to C, as he
was not the actual owner of the property. Although the property was purchased in B's name,
the true owner of the property is A, who provided the funds for the purchase. Therefore, B
did not have the legal authority to sell the property without the consent of A.

As a result, the sale made by B to C is void and does not transfer any ownership rights to C.
A can recover the property from C by taking legal action and proving that the sale was made
without his authority and without legal authority of the true owner of the property. A may
also be entitled to any damages or compensation resulting from the unauthorized sale of the
property.

In such a situation, it is important for A to have proper documentation and proof of

ownership of the property, such as the purchase agreement, payment receipts, and any
other relevant documents, to support his claim of ownership and his right to recover the
property from C.

15.X executed a will in respect of his prop.rty infavour of Y by means of a registered

will. Later he wanted to modify the will. Advise him as to the procedure.

If X wishes to modify his will after executing it in favor of Y, he must follow the legal
process for making changes to a will. In general, there are two ways to modify a will: by
creating a new will or by adding a codicil to the existing will.

Creating a new will: X can create a new will that revokes the previous will in its entirety or in
part. The new will must be executed in the same manner as the original will, which means
that it must be in writing, signed by X, and witnessed by at least two witnesses. The new will
should also include a statement revoking any prior wills.

Adding a codicil: A codicil is a document that amends or adds to the original will without
revoking it entirely. A codicil must be executed in the same manner as the original will, and
must be signed and witnessed by at least two witnesses. A codicil can be used to modify
specific provisions of the original will, or to add new provisions.

In either case, it is important that X clearly identifies the changes he wishes to make to
the will and seeks the assistance of an attorney to ensure that the changes are properly
executed and legally valid.

It is also important to note that any changes made to a will must be made while X has the
legal capacity to do so. If X is not mentally competent or has been declared incompetent,
any changes to the will may not be valid.
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16.A makes a gift to X, Y. and Z. 'X' and Y accepted while Z' refuses. What happens
to the Gift?

In the scenario described, A makes a gift to X, Y, and Z. While X and Y accept the gift, Z
refuses it. In such a situation, the gift will be considered valid and effective only with
respect to the shares of X and Y who have accepted it.

The legal principle that governs such a situation is known as "Doctrine of Severability" or
"Doctrine of Divisibility". According to this principle, if a gift is made to multiple persons
jointly, and one or more of them refuse to accept it, the gift will be severed or divided
among the persons who accept it.

In this case, the gift will be considered valid and effective only with respect to the shares
of X and Y who have accepted it. Z's share will not be affected by the gift as he has
refused to accept it. Z will not have any claim to the property that has been gifted to X and
Y.

It is important to note that the validity of such a gift would depend on the specific laws of
the jurisdiction in which it is made, and the gift must comply with any applicable legal
formalities, such as executing a valid gift deed or complying with any applicable rules of
inheritance or property law.

Jan. I Feb. 2017

13. Some property shall be transferred to D in case A, B and C, all die under the of
18 age years. Examine what type of interest is vested in D.

The interest that is vested in D in this scenario is known as a contingent interest or a

contingent remainder. A contingent interest is an interest that is dependent on the
occurrence of a certain event, in this case, the death of A, B, and C before reaching the age
of 18.

Until the occurrence of the contingency, D's interest in the property is not vested or
absolute. The interest will only become absolute and D will become entitled to the property
if and when the contingency occurs. If the contingency does not occur, D will not have any
right or interest in the property.

It is important to note that the validity of such a transfer would depend on the specific
laws of the jurisdiction in which it is made, and the transfer must comply with any applicable
legal formalities, such as executing a valid transfer deed or complying with any applicable
rules of inheritance or property law.
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14. The Telangana State Government wants to lease a land situated in a scheduled
area for commercial purpose. Is it valid?

If the land in question is situated in a scheduled area, the lease of such land by the
Telangana State Government for commercial purposes may require compliance with certain
legal requirements under the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 ("Forest Rights Act").

Under the Forest Rights Act, the rights of forest-dwelling scheduled tribes and other
traditional forest dwellers to access, use, and manage forest land and resources are
recognized and protected. The Act also requires that the consent of the Gram Sabha or the
Village Council, as applicable, be obtained before any diversion of forest land or any use of
forest resources for non-forest purposes in scheduled areas.

Therefore, before leasing the land in question for commercial purposes, the Telangana
State Government should ensure that all applicable legal requirements under the Forest
Rights Act and other relevant laws are met, including obtaining the necessary consent from
the Gram Sabha or Village Council, and complying with any applicable rules and regulations
related to land use and commercial activities in scheduled areas. Failure to comply with
these legal requirements may render the lease invalid or illegal.

15. A transferred his property to an unborn the person who is in mother's womb.
Decide rights of the unborn person

In general, the law recognizes the rights of a person from the time of their birth. However,
in some cases, the law may also recognize the rights of an unborn person in certain limited
circumstances.

In the case described, A has transferred his property to an unborn person who is in the
mother's womb. The rights of the unborn person in such a situation may depend on the
specific terms and conditions of the transfer, as well as the applicable laws in the
jurisdiction where the transfer takes place.

If the transfer is valid and enforceable, the unborn person may be entitled to the property
upon birth. The transfer may be made in trust for the unborn person, with a trustee
appointed to manage the property until the unborn person reaches the age of majority.

However, it is important to note that the validity and enforceability of such a transfer may
depend on several legal factors, including the laws related to inheritance, property, and
trusts in the relevant jurisdiction. The transfer must also comply with any applicable legal
formalities, such as executing a valid transfer deed or trust deed.

Overall, the rights of an unborn person in such a situation may be limited, and the transfer
of property to an unborn person should be approached with caution
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16. A buys a house from B and gets possession. But later he was dispossessed by C
owing to defect in title. What is the remedy available to A?

If A has purchased a house from B and has been dispossessed by C, who claims a superior
title, A may have several remedies available to recover possession of the property,
depending on the specific circumstances of the case and the laws of the jurisdiction where
the property is located. Some possible remedies that A may pursue are:

Filing a suit for possession: A can file a suit for possession of the property against C,
claiming his title as a purchaser from B. In the suit, A will have to prove that he has a valid
title to the property and that C's title is defective. If successful, A may obtain a decree
for possession of the property.

Filing a suit for specific performance: If the sale deed executed between A and B is
registered and B has covenanted to give possession of the property to A, A may file a suit
for specific performance of the contract. In the suit, A can ask the court to direct B to
give possession of the property to him, and also claim damages for the loss suffered due to
the delay in delivery of possession.

Filing a suit for declaration of title: A can file a suit for declaration of title, seeking a
declaration from the court that he is the rightful owner of the property and that C's title
is defective. If successful, A may obtain a declaration of his title to the property.

Filing a suit for injunction: If C is threatening to dispossess A, A can file a suit for
injunction to restrain C from doing so. In the suit, A will have to prove that he has a valid
title to the property and that C's title is defective.

In addition to the above remedies, A may also consider other legal options, such as filing a
criminal complaint against C for trespass or fraud, or seeking the assistance of the local
revenue or land authorities to recover possession of the property.