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Transfer of Property Act (Mains)

  • June 11, 2021
  • Zia Judicials
  • 0

TRANSFER OF PROPERTY ACT

BIHAR & JHARKHAND JUDICIAL SERVICES

PRELIMINARY (SS. 1-4)

  • Write note on things attached to the earth. [B& JJS 1986]
  • Write short note on actionable claim and mere right to sue. [B&JJS 1987]
  • Distinguish between Actual and Constructive Notice. [B&JJS 1991]
  • What is immoveable property? [B& JJS 2006]

TRANSFER OF PROPERTY BY ACT OF PARTIES (SS. 5-53A)

  • What is ‘transfer of property’? Is partition a transfer of property? Discuss with reference to decided cases. [B&JJS 1975]
  • State briefly the provision of the Transfer of Property Act relating to repugnant conditions and restrictions attached to transfers. [B&JJS 19771
  • A transfers the ownership of certain lands to B, C and D by way of gift with a condition that they shall not divide the property for 10 years. Examine the validity of condition. [B&JJS 1977]
  • The general rule is that property of any kind may be transferred. Are there any exceptions to this general rule? [B& JJS 19781]
  • Distinguish between the following conditional transfer and transfer with condition. [B&JJS 1978]
  • Write a note on the covenants which impose restriction on the use and enjoyment of immovable property.

The plaintiff is the owner of a vacant piece of land in Bhagirath Square as well as of several houses forming the square and sold the ground in 1918 by a deed. The deed contained a covenant that the vendee, his heirs and assignees would keep the square in sufficient and proper repair ‘uncovered with buildings’. The land passed by several intermediate purchasers to the defendant who admitted that he had notice of the deed of 1918 but manifested an intention to alter the character of the square and to build on it. The plaintiff sues for an injunction to restrain him. Will plaintiff succeed? Will your answer be different if he defendant had no notice of the deed of 1918. [B&JJS 1986]

  • Define property and mention which properties are not transferable? [B&JJS 2000]
  • What is transfer? [B&JJS 2006]

TRANSFER TO UNBORN PERSON AND RULE AGAINST PERPETUITY (SS. 13-14)

  • The rule against perpetuity is founded on the general principle or policy that the liberty of alienation shall not be exercised to its own destruction’. Discuss. [B&JJS 1975]
  • Explain the rule against perpetuity.

A transfers his property to P for life, then to C for life and then to X such P’s sons as shall first attain the age of 22 years. Is the transfer valid? [B&JJS 1978]

  • State with examples the rule of Transfer of Property for the benefit of unborn person.  [B&JJS 1980]
  • Fully explain the rule against perpetuity. Give suitable illustrations, as also the exceptions, if any, to the rule. [B&JJS 1984, 1991, HJS 2000, RJS 2015, MPJS 2009, UPJS 1984, 2000, 2012]
  • To what extent and subject to what conditions does the Transfer of Property Act permits transfer for the benefit of unborn persons? [B&JJS 1987]
  • Transfer for the benefit of an unborn person is void.” Discuss this statement with reference to the rule against perpetuity. [B&JJS 2000]
  • Write short but critical note on bequest to unborn child? [B&JJS 1984]

DOCTRINE OF ACCUMULATION AND ITS EXCEPTIONS (SS. 17-18)

  • Describe with examples the provision against the accumulation of the income of property and discuss the justification for the rule and its exceptions. [B&JJS 1980, UPJS 2003]

CONTINGENT AND VESTED INTEREST (SS. 19-21)

  • Discuss fully the law relating to vested interest. How does vested interest differ from contingent interest? [B&JJS 1986, 2014]
  • Write short note on Contingent and Vested Interest. [B& JJS 1987, RJS 1988, UPJS 1997, 2016]

CONDITION PRECEDENT AND CONDITION SUBSEQUENT (SS. 26 &29)

  • Distinguish between condition precedent and condition subsequent. [B&JJS 1978, 1979, 2000)
  • Write a short note on the ‘Doctrine of Cypres’. [B&JJS 1984, UPJS 1983, 1988]
  • Distinguish between Condition Precedent’ and ‘Condition Subsequent with the help of illustrations. Show to what extent the doctrine of ‘Cypres’ affects the conditions. [B&JJS 1987]

DOCTRINE OF ACCELERATION (S. 27)

  • Write short note on Doctrine of Acceleration. [B&JJS 1991]

OSTENSIBLE OWNER (S. 41)

  • The basis of the Doctrine of Election is that a person taking the benefit of an instrument must also bear the burden. Discuss this doctrine with reference to the case law. [B&JJS 1991]
  • Write note on the Ostensible Owner. [B&JJS 1975]
  • Discuss with examples the doctrine of Transfer of property by an ostensible owner.
  • State with examples the requirements of a valid gift.
  • Can a gift be revoked and if so, when and how? [B&JJS 1980]

FEEDING THE GRANT BY ESTOPPEL (S. 43)

  • Explain the doctrine of “Feeding the grant by estoppel” as recognised by the Transfer of Property Act. [B&JS 1977, 1978, 1979, 1986]
  • At a partition of joint family property between two brothers A and B governed by the Mitakshara system, X is allotted to A; B however, sells X to C as though he is the full owner of the Property, Subsequently A dies and B inherits and takes possession of it. C sues B for possession of that property. State the Doctrine. [B&JJS 1977]

DOCTRINE OF LIS PENDENS (S. 52)

  • Write note on Doctrine of Lis pendens. [B&JJS 1975, UPJS 1983, RJS 2015]
  • State the rule of lis pendens. Examine the fundamental principle upon which the said rule is based. [B&JJS 1977]
  • A makes a gift of his land to B. C, sues A for possession of the land. While this suit is pending, B transfers the land to D. A, dies and C obtained a decree for possession against B as legal representative of A. Is D’s title affected by the rule of lis pendens so as to be subject of C’s decree? [B&JJS 1977]

DOCTRINE OF PART PERFORMANCE (S. 53A)

  • Write a short essay on the doctrine of part performance, bringing out clearly the difference between the Indian doctrine and the English doctrine of part performance. [B&JJS 1978]
  • Write a critical note on the doctrine of part-performance. In what form it is recognized under the Indian Law? Please illustrate your answer with at least two illustrations. [B& JJS 1979]
  • What is the doctrine of part-performance incorporated in Section 53-A of the T.P. Act? State and explain, giving suitable illustrations. [B&JJS 1984, RJS 1999]
  • Explain the Doctrine of ‘Part-Performance’ as condition in the T.P. Act. Give illustrations of facts which will constitute and which will not constitute Part-Performance. [B&JJS 1987]
  • Write short note on Equity of Part Performance. [B& JJS 1991]

SALE OF IMMOVABLE PROPERTY (SS. 54-57)

  • Distinguish between sale and exchange. Can money be exchanged with money.

A gives his horse to B in consideration of 50 dollars (United States currency). Will the transaction be a sale or exchange? [B&JJS 1979]

  • Discuss the rights and liabilities of the buyer and seller of immovable property. [B&JJS 1991]
  • Explain the liability of buyer of immoveable property. [B&JJS 2000]
  • Define sale. Explain, in detail, the rights and liabilities of buyer and seller. [BJS 2014]

MORTGAGE (SS. 58-59A)

  • Discuss with suitable illustrations, the rule: ‘once a mortgage, always a mortgage’. Also comment on ‘clogs on the equity of redemption’. [B&JJS 1975]
  • Point out the essential characteristics of different kinds of mortgages recognized by the Transfer of Property Act. [B&JJS 1977]
  • State the remedies available under the various mortgages. [B&JJS 1977]
  • Distinguish between English mortgage and simple mortgage. [B&JJS 1978]
  • Write short note on Usufructuary mortgage. [B&JJS 1979
  • ‘Once a mortgage always a mortgage’ Discuss. Give at least three illustrations. [B&JJS 1979]
  • Write short note on Mortgage by Conditional sale. [B&JJS 1980]
  • What are the various kinds of mortgages recognized by the Indian Law? State the right and liabilities of mortgagee under the different kinds of mortgages. [B&JJS 1984]
  • Distinguish between Contract of sale with a right of repurchase and a Mortgage by conditional sale. [B&JJS 1984]
  • Explain the Doctrine ‘Once a mortgage always a mortgage’, and what do you mean by ‘clog on equity of redemption’. [B&JJS 1987]
  • In what various manners immovable property can be mortgaged? Explain. [B& JJS 2006]

RIGHT TO REDEMPTION (SS. 60 & 61)

  • Explain in full as to what do you understand by clog on redemption. Give two illustrations of conditions which would operate as clog’ on redemption. [B&JJS 1977]
  • Write short note on Clog on the equity of redemption. [B&JJS 1978]
  • Write short note on Redemption and Subrogation. [B&JJS 1980]
  • What is a clog on the equity of redemption? Examine the rationale and implications of the rule. “Once a mortgage, always a mortgage”. [B&JJS 1984]
  • ‘The law abhors forfeiture’. Explain the application of this maxim to that relating to leases. [B&JJS 1977]
  •  ‘Equity will not permit any device or contrivance designed to calculate to prevent redemption’. Discuss.

A mortgage deed contained two distinct and independent terms viz. (1) that the mortgage shall not be redeemed for eighty five years and (2) that it could be redeemed only after that period and within six months, thereafter, failing which the mortgagor will cease to have any claim on the mortgaged property and the mortgage deed would be deemed to be a deed of sale in favor of the mortgage.

State, giving reasons, whether both or any of the terms in the mortgage deed amount to a clog on the equity of redemption. Refer to judicial decisions. [B&JJS 1986]

MARSHALLING AND CONTRIBUTION (SS. 81-82)

  • Write short note on Marshalling. [B&JJS 1980]
  • Write short note on Marshalling and Contribution. [B&JJS 1987]

CHARGES (SS. 100-104)

  • What is Charge under Transfer of Property Act? Distinguish between Charge and Mortgage

A charge is created by a decree passed in pursuance of an agreement between the parties. Discuss the nature of this Charge. [B&JJS 1986]

  • Define charge and distinguish a Charge from Mortgage. [B&JJS 1991]

LEASE AND LICENCE (SS. 105-117)

  • (a) Explain by examples the determination of a lease by forfeiture and the relief against it.

(b) State with examples what is holding over and what are its consequences? [B&JJS 1980]

  • Distinguish between Lease and licence. [B&JJS 1984]
  • Discuss the law relating to forfeiture of Lease. How can forfeiture be waived? What relief is provided by the Law against forfeiture for non payment of rent? [B& JJS 1986]
  • Explain the lease of an immoveable property. [B&JJS 2000]
  • How immovable property can be leased? On what grounds lease can be terminated? [B&JJS 2006]

DIFFERENCE BETWEEN SALE AND LEASE

  • Distinguish between a sale and a lease. [B&JJS 2000]

(Ss. 122-129)

  • Is delivery of possession necessary in all cases to validate a gift? Discuss fully. [B&JJS 1975]
  • Write note on Universal donee. [B&JJS 1975, 1978, 1986]
  • When may a gift be suspended or revoked? Can a Donor revoke a gift made by him after delivery of the Deed but before its Registration? Give reasons in support of your answer. [B&JJS 1987]
  • Define a gift. [B&JJS 2000, 2006]
  • Analyse the law of gifts. [B&JJS 2006]

ACTIONABLE CLAIM AND TRANSFER OF ACTIONABLE CLAIM (SS. 130-137)

  • Define Actionable Claim and discuss the mode under Transfer of Property Act. [B&JJS 1991]

HARYANA JUDICIAL SERVICES

TRANSFER TO UNBORN PERSON AND RULE AGAINST PERPETUITY (SS. 13-14)

  • Examine the validity of the following:
    • A Gift to an unborn person.
    • A Gift by a mother to an infant child without delivery of possession. [HJS 1998]

FEEDING THE GRANT BY ESTOPPEL (S. 43)

  • What do you understand by the doctrine of ‘feeding the grant by estoppel’? What is the impact of the doctrine on purchaser’s rights against vendor’s imperfect title? Refer to statutory provisions? [HJS 1998]

MORTGAGE (SS. 58-59A)

  • Distinguish between Compoundable and non-compoundable offences. [HJS 1988]

(Ss. 122-129)

  • Explain what is DONATIO-MORTIS-CAUSA. [HJS 2000]

RAJASTHAN JUDICIAL SERVICES

PRELIMINARY (SS. 1-4)

  • Discuss immoveable property. [RJS 1979]

TRANSFER OF PROPERTY BY ACT OF PARTIES (SS. 5-53A)

  • Discuss:
    • Spes Sucessionis [RJS 1979]
    • Restraint on alienation [RJS 1979]
  • Please specify the enactments governing transactions relating to immovable and transactions relating to movables. [RJS 1980-81]
  • Explain in brief the various modes of the transfer of immovable property. How does a mortgage differ from a gift? [RJS 1992]

TRANSFER TO UNBORN PERSON AND RULE AGAINST PERPETUITY (SS. 13-14)

  • A transfers his property to B for life and thereafter to his unborn son for life. Whether transfer of property to unborn person is valid under the Transfer of Property Act, 1882? Explain with reason. [RJS 2014]

DOCTRINE OF ELECTION (S. 35)

  • Discuss the Doctrine of Election. [RJS 1979, B&]JS 1978, 1980, 1986, UPJS 1997]

DOCTRINE OF PRIORITY (S. 48)

  • Define
  • Attestation
  • Immovable property
  • Mortgage
  • Sale

What is the distinction between a contract of sale and a contract for sale? Is it necessary that a contract for sale is registered? [RJS 1969]

FRAUDULENT TRANSFER (S. 53)

  • A, B and C are creditors of D. D satisfies the debt of C alone by transferring all his property to C and nothing  is left for A and B. Can A and B get this transfer declared void? [RJS 1988]

DOCTRINE OF PART PERFORMANCE (S. 53A)

  • Distinguish between what is the nature of the doctrine of part performance as embodied in Section 53-A of the Transfer of Property Act? Does it confer an active title on the transferee in possession? Is the provision of Section 53-A applicable when there is contract in writing? Can a transferee who is out of possession maintain a suit on the strength of part performance? What is his remedy in such a case? [RJS 1977]
  • Answer the following, giving reasons for your answer:

A purchases a house from B for Rs. 5,000/- by an unregistered sale deed and is put in possession of the same by B. Later B sues A for possession of the house on the ground that no title passed as the deed was unregistered. What can A plead in defence? [RJS 1979]

SALE OF IMMOVABLE PROPERTY (SS. 54-57)

  • What is transfer of property? Distinguish between sale and exchange. [RJS 1976]
  • What are the rights and liabilities of buyer and seller in a sale? What is a fraudulent transfer? [RJS 1994]
  • How a sale in case of tangible immovable property of a value less than one hundred rupees can be made under Section 54 of the Transfer of Property Act, 1882. [RJS 2016]

MORTGAGE (SS. 58-59A)

  • State and briefly explain the contracts that are implied as between the mortgagor and the mortgagee according to the Transfer of Property Act.

A mortgaged property to B. A sold the equity of redemption to C. On C’s death B sued C’s son for sale of the property mortgaged. C’s son pleaded that the property was Wakf and that A was not entitled to mortgage it. Discuss the validity or otherwise of this defence. [RJS 1971]

  • Discuss the mutual rights and the liabilities of a mortgagor and a mortgagee. What contracts are implied between the two?

A mortgaged property to B on the condition that B may make improvements therein. The mortgaged property was a one-storyed building at that time. B subsequently constructed a second storey thereon. A died after sometime and thereafter A’s son filed a suit for possession of the property as a Shebait of a Hindu deity and claimed that the property belonged to the deity and could not have been mortgaged? What defences are open to B? [RJS 1974]

  • Distinguish between A mortgage by conditional sale and a sale with a condition of re-purchase. [RJS 1977]
  • Explain the English mortgage. [RJS 1984, 2011]
  • Explain mortgage by conditional sale. How do you distinguish it with sale with a condition of retransfer? [RJS 1986]
  • What is an Equitable mortgage? [RJS 2011]

RIGHT TO REDEMPTION (SS. 60 & 61)

  • Write a note on the Equity of Redemption. [RJS 1980-81]

RIGHT TO REDEMPTION (SS. 60 & 61)

  • Discuss the Foreclosure. [RJS 1979]

MARSHALLING AND CONTRIBUTION (SS. 81-82)

  • Explain with the help of illustration the doctrines of ‘Marshalling’ and ‘Contribution’. In case there is a conflict between these two then which doctrine shall prevail? [RJS 1988]
  • Explain the doctrine of Marshalling and Contribution. In case of conflict among them, which shall prevail? Explain with the help of examples. [RJS 2011]

SUBROGATION (S. 92)

  • Write short note on Subrogation. [RJS 1976]
  • What is ‘conventional subrogation’ under the Transfer of Property Act? [RJS 1988]

LEASE AND LICENCE (SS. 105-117)

  • Define Lease and License. What is the distinction between them? Support your answer by some Supreme Court decisions. Is the license irrevocable? [RJS 1969]
  • What are the rights and liabilities of a lessor and a lessee?

If a tenant executes a rent deed and the landlord also signs thereon, in token of his acceptance, would it be admissible in evidence? State briefly the reasons for your opinion. [RJS 1974]

  • Distinguish between A tenant at sufferance and a statutory tenant. [RJS 1977]
  • Is a lease heritable? [RJS 1980-81]
  • Is delivery of possession mandatory in creating a lease? [RJS 1980-81]
  • Whether any notice under section 106, Transfer of Property Act is necessary before filing a suit for eviction against a tenant under any State Rent Control Act? [RJS 1986]
  • What is ‘holding over’ under the Transfer of Property Act? [RJS 1986]
  • How Lease’ is defined under Transfer of Property Act? How Lease’ is created? How it is determined?  [RJS 1994]
  • State the conditions under the Transfer of Property Act, 1882 where under a lease stands terminated. [RJS 2014]

(Ss. 122-129)

  • When can a gift be suspended or recorded? [RJS 1988]
  • What are the essentials of a valid gift under the Transfer of Property Act, 1882?  [RJS 2011]

DELHI JUDICIAL SERVICES

PRELIMINARY (SS. 1-4)

  • The plaintiff had let out to A a shop in Chandni Chowk. A had been carrying on business in that shop in partnership with his son B. The plaintiff sent a notice terminating the tenancy of A, by registered post A.D. as well as under a certificate of posting on 3.7.1978. The A.D. card was received back by the plaintiff on 7.7.1978 bearing the signatures of someone showing that registered cover was received on 5.7.1978. A died on 17th December, 1980. The plaintiff filed a suit for possession against the legal representatives alleging that the tenancy of A having been terminated during his lifetime, the legal representatives were in unauthorised occupation of the shop. During trial it is admitted that the notice was sent at the correct address of A but it is proved that the A.D. card does not bear the signature of A. The point for decision is whether notice had been served on A. How will you decide? Give reasons. [DJS 1982]

TRANSFER OF PROPERTY BY ACT OF PARTIES (SS. 5-53A)

  • X who was the owner of one room on a barsati floor in a residential building situated in north Delhi gave it on rent of Rs. 3000/- per month for a period of 3 years to Y. The tenancy agreement provided for a yearly hike in rent at the rate of 10% pa. At the commencement of the third year of the tenancy, X’s husband passed away. X a petition for eviction invoking the provisions of the Delhi Rent Control Act, 1958 on the ground that she being a widow required the tenanted premises for her purposes as her husband’s official residence had to be vacated. Y opposed the petition on merits as well as on jurisdiction. The argument being that since the agreement provided for a 10% yearly hike the rent of the tenanted premises was more than Rs. 3,500/- per month. The fact, however, remained that before the hike could be triggered the petition for eviction was filed.

Can ‘X’ maintain her eviction petition against ‘Y’?

Section 44 of the Transfer of Property Act 1882:

“44. Transfer by one co-owner: Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor’s right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share of interest so transferred

Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.” [DJS 2010]

FEEDING THE GRANT BY ESTOPPEL (S. 43)

  • A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it. Land afterwards becomes the property of A and A seeks to set aside the sale on the ground that at the time of sale he had no title. Will he be allowed to prove his want of title? [DJS 1980]

DOCTRINE OF PART PERFORMANCE (S. 53A)

  • A in or about 2004 enters into an agreement to purchase B’s house which at the time of agreement to sell is lying vacant. A at the time of agreement to sell pays 90% of the agreed sale consideration to B and B puts A into vacant possession of the house. However, no registered document is executed between the parties. The balance sale consideration was agreed to be paid within one month against execution and registration of sale document by B in favor of A. B writes several times to A to pay the balance sale consideration but A having been put into possession of the house and taking advantage of the same does not pay the balance sale consideration to B. More than 5 years passed. B thereafter sues a for possession of the said house on the ground that he is the owner thereof and there is no registered document in favor of A.

Decide the said suit with particular reference to the provisions of Section 53-A of the Transfer of Property Act read with Section 49 of the Registration Act. [DJS 2008]

MADHYA PRADESH JUDICIAL SERVICES

PRELIMINARY (SS. 1-4)

  • Write short notes on the following:
    • Attestation
    • Immovable Property
    • Notice
    • Actionable Claim [MPJS 2006]

TRANSFER OF PROPERTY BY ACT OF PARTIES (SS. 5-53A)

  • What may be transferred and what cannot be transferred under the Transfer or Property Act, 1882? [MPJS 2007]
  • Under the Transfer of Property Act, 1882 conditions restraining alienation are void. Explain in detail and point out the exceptions to the rule.

TRANSFER TO UNBORN PERSON AND RULE AGAINST PERPETUITY (SS. 13-14)

  • Write short note on Transfer of Property for benefit of unborn person. [MPJS 2011, 2012]
  • Explain the “rule against perpetuity” provided in Section 14. How does it affect agreement to sell property, in future? [MPJS 2014]

CONTINGENT AND VESTED INTEREST (SS. 19-21)

  • Define “vested interest” and “contingent interest”. Explain, citing illustrations, the difference between a vested interest and a contingent interest. [MPJS 2010]
  • What is “Vested interest”? How it is distinct from “Contingent interest”? Whether a vested interest can be created in favor of an unborn person? [MPJS 2013]

DOCTRINE OF ELECTION (S. 35)

  • Explain ‘Doctrine of Election’ with its exceptions. [MPJS 2012]

DOCTRINE OF LIS PENDENS (S. 52)

  • What is doctrine of lis pendens? Discuss whether the doctrine would be applicable in case of (1) Judgment debtor, who sells suit property during execution. (2) Transfer was made under pre-existing rights. [MPJS 2011]

DOCTRINE OF PART PERFORMANCE (S. 53A)

  • Explain fully the doctrine of ‘Part Performance’ as embodied in Section 53A of TP Act. [MPJS 2003]
  • Explain the conditions necessary for the application of the doctrine of part performance. Who can avail himself of this doctrine? Can benefit of the doctrine be denied to the transferee whose right for specific performance has become time-barred? [MPJS 2010]
  • Explain the conditions necessary for the application of the doctrine of part performance. Who can avail this doctrine? [MPJS 2015]

SALE OF IMMOVABLE PROPERTY (SS. 54-57)

  • What is sale? How is it effected? Whether a contract for sale itself create any interest in or charge on such property? [MPJS 1996]
  • What is sale? Explain. Describe the rights and liabilities of a seller. [MPJS 1998]
  • Define Sale of immovable property. [MPJS 2004]
  • Define the Agreement to sale of immovable property.
  • Define Sale. [MPJS 2006, B&JJS 2006]
  • Explain the legal rights and duties of a buyer. [MPJS 2006]
  • What are the rights and liabilities of buyer and seller under the Transfer of Property Act, 1882? [MPJS 2007]

MORTGAGE (SS. 58-59A)

  • Define a mortgage. What are the kinds of mortgage? [MPJS 1998]
  • What are the characteristics of a mortgage by conditional sale? Point out the difference between such a mortgage and a sale with a clause for purchase. [MPJS 2009]
  • What is ‘mortgage’? Describe the characteristics of: (i) mortgage by conditional sale, (ii) usufructuary mortgage and (ii) Mortgage by deposit of title deeds. [MPJS 2012]
  • In default of payment of the mortgage money a Mortgagee in which cases and under what conditions can sell the mortgaged property, without the intervention of the court? [MPJS 2013]

RIGHT TO REDEMPTION (SS. 60 & 61)

  • What do you understand by right of redemption? Whether right of redemption and foreclosure coextensive? Explain in detail. [MPJS 2003]

LEASE AND LICENCE (SS. 105-117)

  • Define lease of immovable property and state the essentials and kinds of lease. [MPJS 1996]
  • How can the leases of immovable property be made and determined? [MPJS 2001]
  • What are the essential requirements of the doctrine of holding over? [MPJS 2001]

(Ss. 122-129)

  • Define Gift? What are the essential ingredients of valid gift? [MPJS 2001]
  • What are the essentials of a gift? How can a gift be revoked? Who is a universal donee? [MPJS 2009]
  • What are the formalities necessary for a valid gift by a Hindu, a Mohammedan and a Christian? [MPJS 2010]

ACTIONABLE CLAIM AND TRANSFER OF ACTIONABLE CLAIM (SS. 130-137)

  • Define actionable claim’ and describe as to the rights and liabilities of its transferee. [MPJS 2011]

UTTAR PRADESH JS

PRELIMINARY (SS. 1-4)

  • Explain with illustrations constructive notice’ under Transfer of Property Act. [UPJS 1985]
  • Define “immovable property”, “attached to the earth”, “transfer of property”. [UPJS 1986]
  • Explain and illustrate:

Profit a pendre [UPJS 1988]

TRANSFER OF PROPERTY BY ACT OF PARTIES (SS. 5-53A)

  • In a Mutation case after the death of the husband a compromise was entered into between the widow and husband’s brother that the widow would not make a transfer of the land to any on except her husband’s brother and his heirs. The mutation was ordered without any condition. The widow sold the land to and outsider. Can this condition be enforced against the transferee? [UPJS 1982]
  • Can a Pardanashin lady enter into a contract of transfer of property? Has the transferee to prove any facts to uphold such transaction in Court of Law? [UPJS 1982]
  • All properties can be transferred. Are there any exceptions to his rule under the Transfer of Property Act? [UPJS 1984]
  • “M” a member of a housing society purchases a plot and later on sells it to “D”, a non-member. Under the bye-laws of the society, such transfer is not permitted. “M” claims that the bye-law of the society infringes Section 10 of the Transfer of Property Act. Decide. [UPJS 2012]
  • Discuss Property. What are the properties which cannot be transferred? Distinguish between ‘Sale’ and ‘Agreement to Sell’. [UPJS 2015]

NEMO DAT QUAD NON HABET AND EXCEPTIONS

  • Does the Transfer of Property Act make an exception to the general rule that a person cannot confer a better title to the property than he himself has in it? If so, how do you justify the exceptions? [UPJS 2013]
  • Does the Transfer of Property Act make an exception to the general rule that a person cannot confer a better title to the property than he himself has in it? If so, how do you justify the exceptions? [UPJS 2013]

TRANSFER TO UNBORN PERSON AND RULE AGAINST PERPETUITY (SS. 13-14)

  • A transfers his property to B for thirty years and the property which will remain thereafter to the eldest son of C, unborn at the time transfer. Is the transfer in favor of the said son of C legal? [UPJS 1985]
  • “Where there is no gift but only a direction to transfer from and after a given event, the vesting will be postponed till after that event has happened.” Are there are exceptions of this rule? Explain. [UPJS 1987]
  • Though the Transfer of Property Act deals with transfer inter vivos yet an interest be created in favour of an unborn person. Discuss. [UPJS 1991]
  • Discuss the rule against Double possibilities”. Explain whether valid transfer can be made in favor of an unborn person? If so, state the conditions with suitable illustrations. [UPJS 2013]

CONTINGENT AND VESTED INTEREST (SS. 19-21)

  • Explain the meaning of ‘vested interest’, ‘contingent interest’ and ‘conditional transfer’. [UPJS 1986]

CONDITION PRECEDENT AND CONDITION SUBSEQUENT (SS. 26 &29)

  • What do you understand by doctrine of cypres? On what type of trusts this doctrine is applied? [UPJS 2016]

DOCTRINE OF ELECTION (S. 35)

  • “The foundation of Doctrine of Election is that no one can approbate and reprobate at the same time.”

Discuss the illustration in your answer. [UPJS 1983]

OSTENSIBLE OWNER (S. 41)

  • Under what circumstances is a transfer by an ostensible owner of immovable property binding on the real owner? [UPJS 1983]
  • “The foundation of Doctrine of Election is that no one can approbate and reprobate at the same time.” Discuss with illustration. [UPJS 1999]
  • Discuss the doctrine of election with the help of illustrations. Also discuss the important conditions relating to doctrine of election as provided under Section 35 of Transfer of Property Act, 1882. [UPJS 2015]
  • What do you understand by ‘ostensible owner? Under what circumstances a transfer of immovable property by on ostensible owner is binding on the real owner? [UPJS 2000]

FEEDING THE GRANT BY ESTOPPEL (S. 43)

  • A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it. The land afterwards becomes the property of A. A seeks to set aside the sale on the ground that at the time of sale he had no title. Can he do so? Give reasons for your answer.  [UPJS 1985]

DOCTRINE OF PRIORITY (S. 48)

  • S mortgages two properties K and Kh to A. Subsequently S again mortgage the property K to D. In enforcement of his mortgages D brings the property K to sale and purchase it himself. Discuss the rights of A to realise his money from properties K and Kh. [UPJS 1987]

FRAUDULENT TRANSFER (S. 53)

  • Analyse briefly the law relating to fraudulent transfers. [UPJS 1987]

DOCTRINE OF PART PERFORMANCE (S. 53A)

  • Explain the doctrine of part-performance. [UPJS 1984, B&JJS 2000, MPJS 2004, 2013]
  • Discuss the doctrines of part-performance and equitable. [UPJS 1987]
  • Section 53-A of the Transfer of Property Act does not confer “title”. It enables a without title to defend his “possession”.

Do you agree with the above statement? Give reasons for your answer with the help of decided cases. [UPJS 2006]

MORTGAGE (SS. 58-59A)

  • Define mortgage and distinguish between simple, usufructuary, conditional and English mortgages.  [UPJS 1992]
  • Discuss the following statements and refer to relevant statutory provisions and decisions:
  • Once a mortgage, always a mortgage and nothing but a mortgage. [UPJS 1997]
  • What do you understand by mortgage? What are the essentials of valid mortgage? Distinguish between mortgage and charge. [UPJS 2016]
  • Discuss the Legal rights of mortgagee who makes improvements in the mortgaged property.  [UPJS 1985]

RIGHT TO REDEMPTION (SS. 60 & 61)

  • What is equity of redemption? Can this right be validly curtailed under the Transfer of Property Act?  [UPJS 1985]
  • What is the meaning of right of redemption? Who can exercise the right? Can the right to be curtailed by an agreement between the parties? Discuss. [UPJS 1991]
  • Explain the maxim redeem up, foreclose down. [UPJS 1992]
  • What do you understand by ‘clog on redemption’? Answer with illustrations. Does taking collateral benefit amount to clog on redemption? Examine the Indian position. [UPJS 1999]
  • Write short note on Redeem up. Foreclose down. [UPJS 1997]
  • Write a note on the right redemption of mortgagor. Can he exercise this right before the expiry of term of mortgage? Refer to case law. [UPJS 2012]

LEASE AND LICENCE (SS. 105-117)

  • In a case a person was permitted to occupy premises for safety of the property without payment of any money. It was not established when the possession of that person commenced and his exclusive possession over the property was also not proved. Is the transaction a lease of a licence? [UPJS 1984]
  • What is a Lease? How is it determined under the Transfer of Property Act? Explain. [UPJS 2003]

(Ss. 122-129)

  • A gives a lakh of rupees to B, reserving to himself, with B’s consent, the right to take back at pleasure Rs. 10,000 out of the lakh. Is such transfer valid? [UPJS 1999]
  • Define ‘Gift’. What are the essentials of a ‘valid gift’? When can a ‘gift’ be suspended or revoked?
  • Discuss with the help of decided cases. [UPJS 2006]

JHARKHAND JUDICIAL SERVICES

DOCTRINE OF LIS PENDENS (S. 52)

  • There is a contract to sell a house between ‘A’ and ‘B’. ‘B’ files a suit against ‘A’ for specific performance of contract. While the suit is pending ‘A’ sells the house to ‘C’ who does not have notice of pendency of suit. Suit is decreed in favor of ‘B’. Can the decree be executed against ‘C’? [JJS 2014]

SALE OF IMMOVABLE PROPERTY (SS. 54-57)

  • Define the expression ‘Sale’, ‘Mortgage’ and ‘Mortgager. [JJS 2001]
  • What is required to be proved by a person claiming to be bona fide purchaser for consideration without notice with a view to sustain his claim? Explain. [JJS 2001]

MORTGAGE (SS. 58-59A)

  • Define the expression ‘Sale’, ‘Mortgage’ and ‘Mortgagor’. [JJS 2001]
  • “Once a mortgage always a mortgage, nothing but a mortgage.” Explain this rule and illustrate the circumstances which constitute clog on equity of redemption. [JJS 2014]
  • Distinguish between mortgage and charge. [JJS 2014]

SUBROGATION (S. 92)

  • Define subrogation. Who are the persons entitled for subrogation? Distinguish between legal and conventional subrogation. [JJS 2014]

(Ss. 122-129)

  • What are the essentials of valid gift? [JJS 2001]

BIHAR JUDICIAL SERVICES

MARSHALLING AND CONTRIBUTION (SS. 81-82)

  • What do you understand by the doctrine of marshalling and contribution? [BJS 2014]

LEASE AND LICENCE (SS. 105-117)

  • How does lease come into existence? Explain, in detail, the rights and liabilities of lessee. [BJS 2014]

(Ss. 122-129)

  • Give the definition of gift. Explain, in detail, when gift can be suspended. Also define onerous gifts. [BJS 2014]
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