1.

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
.
2. 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
.
3. 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
.
4. What is the default interest payable under section 63
and 63 A of the Transfer of Property Act, 1882?
A. 8% per annum
B. 9% per annum
C. 10% per annum
D. Interest rate is not mentioned in the sections
.
5. 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
.
6. Which e 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
.
7. 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
.
8. 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
.
9. 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
.
10. Which of the following can be transferred under the
provisions of the Transfer of Property Act, 1882?
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
.
11. Which of the following contracts are implied in case of
mortgages under the Transfer of Property Act, 1882?
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
.
12. 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
.
13. 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
.
14. 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
.
15. 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
.
16. Which of the following is the definition of the term
‘Exchange’ as given under the Transfer of Property Act,
1882?
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
.
17. 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
.
18. Which of the following is the time limit given under
Section 17 of the Transfer of Property Act, 1882?
A. Life of the transferee
B. A period of 18 years from the date of transfer
C. either A or B whichever is longer
D. neither A nor B
.
19. 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
.
20. 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
.
21. 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
.
22. 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
.
23. 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
.
24. 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
.
25. 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
.
26. 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
.
27. Which of the following statements are true regarding
rights and liabilities of a lessor under the Transfer of
Property Act, 1882?
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
.
28. 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
.
29. 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
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
.
30. 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
.
31. 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
.
32. 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
.
33. Charge can be created by:
A. Act of parties
B. Operation of Law
C. Both A and B
D. Neither A nor B
.
34. Contract of tenancy can be split up by:
A. Court in eviction proceedings
B. Operation of Law
C. Either A or B
D. Neither A nor B
.
35. 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
.
36. 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
.
37. 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
.
38. 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
.
39. 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
.
40. In Roman law, the earliest type of security was:
A. The fiducia
B. The pignus
C. The hypotheca
D. None of these
.
41. 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
.
42. In which of the following cases is rule against
perpetuity not applicable under the Transfer of Property
Act, 1882?
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
.
43. 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
.
44. 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
.
45. 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
.
46. 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
.
47. 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
.
48. 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
D. All of these
.
49. 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
.
50. 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
.
51. 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
.
52. The first draft bill of Transfer of Property Act, 1882
was made by:
A. First Law Commission
B. Second Law Commission
C. Third Law Commission
D. Fourth Law Commission
.
53. 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
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
.
54. 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
.
55. 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
.
56. 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
C. The mortgagee has defaulted in receiving payment
D. The mortgagor has not defaulted in making payments
.
57. 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
.
58. Transfer of Spes Succession is:
A. Valid
B. Void
C. Voidable
D. Either A or B
.
59. 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
.
60. 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
.
61. 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
.
62. 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
.
63. What is the default interest payable under section 63
and 63 A of the Transfer of Property Act, 1882?
A. 8% per annum
B. 9% per annum
C. 10% per annum
D. Interest rate is not mentioned in the sections
.
64. 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
.
65. Which e 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
.
66. 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
.
67. 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
.
68. 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
(d) none of the above.
.
69. 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.
.
70. 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
(b) the disposition shall not take effect in favour of Z
(c) the disposition requires further conditions
(d) none of the above.
.
71. 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
(d) none of the above.
.
72. Under the provisions of section 29 of the Transfer of
Property Act, 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
(c) only (b) is correct
(d) none of the above.
.
73. 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
(d) none of the above.
.
74. 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
(d) none of the above.
.
75. Under the provisions of section 35 of the Transfer of
Property Act, 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
(d) none of the above.
.
76. 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
(d) none of the above.
.
77. 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
(b) Indian Registration Act, 1908
(c) Sale of Goods Act, 1930
(d) General Clauses Act, 1897.
.
78. 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:
(a) section 35 of the Transfer of Property Act, 1882
(b) section 35 of the Indian Registration Act, 1908
(c) section 35 of the Indian Succession Act, 1925
(d) General Clauses Act, 1897.
.
79. 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
(d) none of the above.
.
80. 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
(b) immovable property
(c) both immovable and movable property
(d) none of the above.
.
81. 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
(d) none of the above.
.
82. 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
(d) none of the above.
.
83. 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
(d) none of the above.
.
84. 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.
.
85. 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.
.
86. 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.
.
87. 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.
.
88. Under the provisions of section 41 of the Transfer of
Property Act, 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.
.
89. 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
(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.
.
90. 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
(d) none of the above.
.
91. 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
(d) none of the above.
.
92. 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
(d) none of the above.
.
93. 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.
(d) none of the above.
.
94. 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.
.
95. 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:
(a) section 40 of the Transfer of Property Act, 1882
(b) section 41 of the Transfer of Property Act, 1882
(c) section 42 of the Transfer of Property Act, 1882
(d) section 44 of the Transfer of Property Act, 1882.
.
96. The provision for the joint transfer for consideration
is dealt in:
(a) section 45 of the Transfer of Property Act, 1882
(b) section 46 of the Transfer of Property Act, 1882
(c) section 46 of the Transfer of Property Act, 1882
(d) none of the above.
.
97. Presumption of equity pertains to:
(a) section 45 of the Transfer of Property Act, 1882
(b) section 46 of the Transfer of Property Act, 1882
(c) section 47 of the Transfer of Property Act, 1882
(d) section 48 of the Transfer of Property Act, 1882.
.
98. 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
(d) none of the above.
.
99. 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
(b) equally where the share were equal and where they are unequal
proportionately to the extent of such shares
(c) only (a) is correct
(d) none of the above.
.
100. Which of the following statements will hold true
regarding exchange under the Transfer of Property Act,
1882?
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
.