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Property Law - I

Description: Property Law - I
Number of Questions: 15
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Tags: Property Law - I Property Law
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No person shall convert a residential building into a non-residential building, except with the permission of the

  1. Prescribed Authority

  2. Civil Judge

  3. District Magistrate

  4. Controller


Correct Option: A
Explanation:

A residential building can be converted into a non-residential property after taking permission from the Prescribed Authority.

Which of the following is not a ground of eviction of tenant by a landlord?

  1. The tenant has not paid the rent within 15 days after the expiry of the time fixed in the agreement of tenancy.

  2. The tenant has committed such acts as are likely to impair materially the value of the building.

  3. The tenant has been guilty of such acts and conduct as are nuisance to the occupiers of the building in the neighbourhood.

  4. The tenant has ceased to occupy the building or rented land for a period of 6 months without reasonable cause.


Correct Option: C
Explanation:

Option (3) is correct. If a tenant has been guilty of misconduct or nuisance to neighbourhood or has done such act as may impair the value of the building or unable to occupy the building within a said period, then these can be the ground for such notice.

A deposit under Section 21 shall not be accompanied by an application by a tenant containing which of the following particulars?

  1. The name and address of the tenant or persons claiming to be tenants

  2. The building or rented land for which the rent is deposited with a description sufficient for identifying the building or rented land

  3. The period for which the rent is deposited

  4. The name and address of the landlord or persons claiming to be entitled to such rent


Correct Option: A
Explanation:

The name and address of a tenant is not required. Thus, (1) is the correct option. Other particulars are required.

Under Section 14(1c), which of the the following is not a ground available to a landlord to seek eviction of a tenant?

  1. To carry out building work at the instance of the government

  2. If it has become unsafe or unfit for animal habitation

  3. If it required bonafide for carrying out repairs, which cannot be carried out without the building being vacated

  4. If the building is required bonafide by him for the purpose of re-building, which cannot be carried without the building being vacated


Correct Option: B
Explanation:

Option (2) is correct. If a owner needs to carry out building work for govenment purposes or to carry repair or re-building work, then he can take steps for eviction of property.

Transfer of right to enjoyment of property for certain time is in consideration of price paid or promised to pay is called

  1. mortgage

  2. lease

  3. sale

  4. None of these


Correct Option: B
Explanation:

It is a lease agreement. A lease is the transfer of right to enjoy such property for a certain time. Thus, (2) is the correct option. A sale is the transfer of right for uncertain or indefinite period of time until such rights are further sold. A mortgage is the security for a loan agreement.

Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfers and has no application to

  1. court sale

  2. contingent sale

  3. perpetuity sale

  4. priceless sale


Correct Option: D
Explanation:

Section 41 is not applicable if the ostensible owner has transferred the property without consideration. Thus, (4) is the correct answer.

In case of usufructuary mortgage, the mortgage is placed in possession and has a right to enjoy the rents and profits

  1. until the debt is paid

  2. till the contract is rescinded

  3. He is not entitle to rents and profits.

  4. None of these


Correct Option: A
Explanation:

The right is available until the rent is paid. Thus, (1) is the correct option. There is no condition of recession of contract.

In case of mortgaged lease, if the mortgage obtains a renewal of the lease, the mortgagor upon redemption shall

  1. not have the benefit of new lease

  2. have the benefit of new lease

  3. have the benefit of previous lease

  4. None of these


Correct Option: B
Explanation:

The mortgager will have the benefit of new lease in this case. Thus, (2) is the correct option. The previous lease has already expired. Thus, (3) cannot be the correct option. (1) is incorrect because such benefits are applicable.

‘Spes successions’ means

  1. chances of succeeding to hereditary property

  2. chances of succeeding to property of another

  3. Both (1) and (2)

  4. None of these


Correct Option: A
Explanation:

As per Section 6 of act, it means to have chances of succeeding to hereditary property. It is not the property of another person. Thus option (1) is the correct answer.

‘A’ by a settlement deed transfers property to ‘P’ for life, then to ‘S’. ‘S’ dies before ‘P’ dies. On the death, ‘P’, the heir of ‘S,’ claims the property. Is the claim valid?

  1. Valid, since ‘S’ interest is heritable

  2. Invalid, since ‘S’'s interest is contingent

  3. Invalid, since settlement deed is vague

  4. None of these


Correct Option: B
Explanation:

The claim of S is contingent. Its validity depends upon the life of A. Thus (2) is correct option.

Under the Transfer of Property Act 1882, where writing is not expressly required by law,

  1. a transfer of property may be made without writing in every case

  2. a transfer of property is subject to only writing

  3. no provision of oral transfer is made

  4. None of these


Correct Option: A
Explanation:

The property may be transferred without writing in every case where writing is not expressly required by law. Thus (1) is correct. So, option (2) is incorrect which specifies only written transfers. Option (3) is incorrect as there are oral provisions of transfer.

Interpleader suit cannot be instituted

  1. for any property which relates to two persons, but which is being held by a third person for the time being

  2. for determining the relationship between a property and the persons claiming it

  3. for getting himself absolved from the liability to keep the property which is not being held by him

  4. where a suit is pending in which the rights of all parties can properly be decided


Correct Option: D
Explanation:

It is a suit where the plaintiff holds the property in which he has pecuniary interest. There are many defenders pleading against each other. Section 88 says that such a person can claim against all the claimants. It further says if any suit is pending in which rights of all parties can be properly decided, no such interpleader suit shall be instituted. Thus (4) is the correct option.

Nemo dat quod non habet (no man can confer a better title than that which he himself has) is an established principle of

  1. Rule of Transfer of Property

  2. Rule of Law of Torts

  3. Rule of Law of Crimes

  4. Rule of Contract


Correct Option: A
Explanation:

Option (1) is correct. It is applicable to transfer to property. It is not concerned with law of contract, crime and torts.

Coparcenary property is known as

  1. joint family property

  2. self acquired property

  3. separate property

  4. none of these


Correct Option: C
Explanation:

It is the joint property in Hindu undivided family. Thus (1) is the correct option. It is not the self acquired or separate property.

A suit to redeem or recover possession of immovable property mortgaged can be brought by the mortgagor within a period of

  1. 30 years

  2. 12 years

  3. 6 years

  4. 3 years


Correct Option: C
Explanation:

This period is 30 years. Thus (1) is the correct option. The period of 12 years is applicable if it is for afterwards transfer for a consideration. The period is 3 years to recover surplus collection.

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