I.D.
END TERM EXAMINATION, APRIL 2017
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 marks carried by each
question are indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Explain the principle laid down in case of Tagore v. Tagore
b. What is dominant heritage and servient heritage?
c. What is marshalling of securities by purchaser?
d. What is onerous gift and who is a universal done?
e. What do you mean by subrogation?
f. What is doctrine of contribution?
g. Can a mere right to sue be transferred?
h. Is registration compulsory for every kind of mortgage?
i. What are the rights of usufructury mortgagee?
j. What is meant by equitable mortgage?
2. transfers a property of which he is the owner to in trust for and his intended wife
successively for their lives and, after the death of the survivor, for the eldest son of the intended
marriage for life and after his death for second son.
Discuss the validity of such transfer with the help of statutory provision and reasoning. (Marks 03)
"The rule against perpetuity is based on the general principle that the liberty or right of the
owner of the property to alienate or transfer his property at his pleasure, should not be so
exercised that it is detrimental to the property itself."
Elaborate the statement with the help statutory provisions and case laws. Also discuss the
exceptions to the rule against perpetuity with case laws. (Marks 07)
3. Decide the validity of following transfers with the help of relevant provisions and case laws:
a. sues to recover a house. The suit is decreed against He chooses to appeal in
higher court. transfers the property to (Marks 04)
b. makes a gift of his house to The gift deed contains a condition that should not
sell the property except to his brother. (Marks 03)
c. created a trust in respect of his property and transferred to for life, then to
son (then unborn) for life, then to absolutely. (Marks 03)
4. transfers to an estate to which is entitled, and as a part of the same transaction
gives a coal mine. takes possession of the mine and exhausts it. Discuss whether
possession and exhaustion of mine would amount to the confirmation or not. (Marks 03)
Discuss the essential features of doctrine of election with its exceptions and explanations and
case laws. (Marks 07)
5. Discuss the difference between vested and contingent interest. (Marks 05)
Discuss the doctrine of apportionment under TPA. (Marks 05)
6. Explain the doctrine of 'Lis Pendens' with its essential elements. Also discuss whether a
transfer made lis pendens be invalid at the option of the purchaser. (Marks 06)
What is a sale of immovable property? Discuss the rights and liabilities of parties to a sale.
(Marks 04)
7. A lease of immovable property is a transfer of a right to enjoy such property made for a certain
time or in perpetuity in consideration of a price paid or promised. Comment. Also discuss the law
relating to termination of lease. (Marks 10)