Exam Details
| Subject | transfer of property act | |
| Paper | ||
| Exam / Course | b.a. ll.b. | |
| Department | ||
| Organization | Hidayatullah National Law University | |
| Position | ||
| Exam Date | April, 2018 | |
| City, State | chhattisgarh, raipur |
Question Paper
END TERM EXAMINATION, APRIL-2018
B.A.LL.B. (HONS.)
SEMESTER-IV
Transfer of Property Act
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each
question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks
a. What are the essentials of a 'valid attestation'?
b. Are the following transactions 'transfer' within the meaning of Section 5 of the Transfer of Property
Act, 1882:
Partition
Surrender
c. What do you mean by legal incidents of property?
d. Explain the law relating to 'Marshalling' and 'Contribution' under the Transfer of Property Act, 1882.
e. Define and distinguish between mortgage by conditional sale and English mortgage.
f. A purchased a property in the name of his wife B. name was entered in the revenue records and
she used to deal with the property. After death B mortgaged the property to C who took it in good
faith believing that B had authority to make the transfer. Can the above mortgage be avoided?
g. What do you mean by fraudulent transfer?
h. and C a minor owned a property in equal shares. A and B sold the whole property to D as if they
were entitled to it to the exclusion of C. When C grew up he refused to acknowledge the transfer.
Subsequently C died and the property went to A and B. Decide the rights of D in relation to share.
i. What do you mean by 'feeding grant by estoppel'?
j. What is right of redemption?
2. Discuss the rule against perpetuity. Is there any exception to the Rule? Does the Mohammedan Law
favour perpetuity? (Marks 10)
3. What is 'vested interest'? How does it differ from a 'contingent interest'? When does a contingent interest
become a vested interest? Explain. (Marks 10)
4. Who is an 'ostensible owner'? Under what circumstances a transfer of immovable property by an
ostensible owner is binding upon the real owner? Illustrate your answer. (Marks 10)
5. A contract to sell a house to B. B files a suit against A for specific performance of the contract. While the
suit is pending, A sells the house to C who does not have the notice of the pendency of the suit. The suit is
decreed in favour of B. Can the decree be executed against (Marks 10)
6. Define and distinguish between the following:- (Marks
a. Sale and Contract for sale
b. Lease and Licence
7. Write short notes on any two of the following:- (Marks 5×2=10)
a. Subrogation
b. Onerous gift
c. Actionable claim
B.A.LL.B. (HONS.)
SEMESTER-IV
Transfer of Property Act
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each
question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks
a. What are the essentials of a 'valid attestation'?
b. Are the following transactions 'transfer' within the meaning of Section 5 of the Transfer of Property
Act, 1882:
Partition
Surrender
c. What do you mean by legal incidents of property?
d. Explain the law relating to 'Marshalling' and 'Contribution' under the Transfer of Property Act, 1882.
e. Define and distinguish between mortgage by conditional sale and English mortgage.
f. A purchased a property in the name of his wife B. name was entered in the revenue records and
she used to deal with the property. After death B mortgaged the property to C who took it in good
faith believing that B had authority to make the transfer. Can the above mortgage be avoided?
g. What do you mean by fraudulent transfer?
h. and C a minor owned a property in equal shares. A and B sold the whole property to D as if they
were entitled to it to the exclusion of C. When C grew up he refused to acknowledge the transfer.
Subsequently C died and the property went to A and B. Decide the rights of D in relation to share.
i. What do you mean by 'feeding grant by estoppel'?
j. What is right of redemption?
2. Discuss the rule against perpetuity. Is there any exception to the Rule? Does the Mohammedan Law
favour perpetuity? (Marks 10)
3. What is 'vested interest'? How does it differ from a 'contingent interest'? When does a contingent interest
become a vested interest? Explain. (Marks 10)
4. Who is an 'ostensible owner'? Under what circumstances a transfer of immovable property by an
ostensible owner is binding upon the real owner? Illustrate your answer. (Marks 10)
5. A contract to sell a house to B. B files a suit against A for specific performance of the contract. While the
suit is pending, A sells the house to C who does not have the notice of the pendency of the suit. The suit is
decreed in favour of B. Can the decree be executed against (Marks 10)
6. Define and distinguish between the following:- (Marks
a. Sale and Contract for sale
b. Lease and Licence
7. Write short notes on any two of the following:- (Marks 5×2=10)
a. Subrogation
b. Onerous gift
c. Actionable claim
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