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Property Law - IV

Description: Property Act Test-4
Number of Questions: 20
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Tags: Property Act Test-4 Property Law
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Under Section 5 of Transfer of Property Act, does 'Living person' include company?

  1. True

  2. False

  3. Company is not a living person.

  4. Company cannot transfer its assets.

Show answer
Correct Option: A
Explanation:

Under Section 5 of Transfer of property act, 1882, living person includes a company or association or body of individuals, whether incorporated or not.

 

Termination of lease of immovable property shall be in which of the following manners?

  1. By oral intimation

  2. By written notice

  3. By sending agent

  4. By telephonic intimation

Show answer
Correct Option: B
Explanation:

Option (1) is incorrect: Under Transfer of Property Act, 1882, lease cannot be terminated orally. Option (2) is correct: Lease can be terminated by giving notice in writing. Option (3) is incorrect: Lease cannot be terminated by sending an agent. Option (4) is incorrect: Lease cannot be terminated on telephonic communication.

A transfer can be made in favour of an unborn person.

  1. Yes, by machinery of trust.

  2. Yes

  3. Guardian has got to be appointed first.

  4. None of these

Show answer
Correct Option: A
Explanation:

As per Section 13 of Transfer of property Act, 1882, where on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer.

 

Transferee of the part performance has right to protect his possession.

  1. Wrong

  2. Right can accrue only after payment of full consideration.

  3. Right

  4. Delivery of possession is not necessary.

Show answer
Correct Option: C
Explanation:

Under Section 53A of Transfer of property act, 1882, where any person contracts to transfer for consideration any immovable property by writing signed by and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, and the transferee has performed or is willing to perform his part of the contract, then the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract.  

When does an unborn person acquire vested interest on transfer?

  1. As soon as he is born

  2. On attaining majority

  3. On attaining 21 years

  4. After marriage, if female

Show answer
Correct Option: A
Explanation:

Under Section 20 of Transfer of property Act, 1882, where on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appears from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.

 

Transfer of actionable claim has exception under Section130 Transfer of Property Act.

  1. It does not apply to transfer of life insurance policy.

  2. It does not apply to the transfer of marine or fire policy.

  3. It does not apply to vehicle insurance policy.

  4. None of these

Show answer
Correct Option: D
Explanation:

Exception of Section 130 of Transfer of property Act, 1882, nothing in this section applies to the transfer of a marine or fire policy of insurance or affects the provisions of Section 38 of the Insurance Act, 1938.

What kind of transfer may be made orally?

  1. Gift of immoveable property

  2. Transfer of actionable claim

  3. Sale of immoveable property of value upward Rs. 100

  4. Surrender of lease

Show answer
Correct Option: D
Explanation:

Surrender of lease, that is to say, in case the lessee yields up his interest under the lease to the lesser, by mutual agreement between them. It doesn’t require a written instrument.

Gift comprising of future property is valid.

  1. Right

  2. Wrong

  3. Gift property may be provided in future to validate it.

  4. Future gift will only be valid if donee accepts it.

Show answer
Correct Option: B
Explanation:

Option (1) is incorrect: As per Section 124 of Transfer of Property Act, 1882, a gift comprising both existing and future property is void as to the latter. Option (2) is correct: Transfer is valid only to existing property and void related to future property. Option (3) is incorrect: Transfer is valid only to existing property and void related to future property. Option (4) is incorrect: Transfer of Property Act, 1882, completely makes the transfer of future property void. Donne’s acceptance does not make the gift valid.

Provisions of Transfer of property Act shall be applicable

  1. where property is transferred in execution of decree of the court

  2. where the property of insolvent vests in Receiver by the order of the court

  3. where the property is transferred by the act of parties

  4. to intestate succession

Show answer
Correct Option: C
Explanation:

Under Section 5 of Transfer of property act, 1882, "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.  

A mortgagor who has executed two or more mortgagees in favour of the same mortgagee in absence of contract to the contrary

  1. is bound to redeem all such mortgages together

  2. is not entitled to redeem any one such mortgage separately

  3. is bound to redeem at least two such mortgages together

  4. be entitled to redeem any one such mortgage separately or any two or more of such mortgages together

Show answer
Correct Option: D
Explanation:

Under Section 61 of Transfer of Property Act, 1882, a mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in the absence of a contract to the contrary, when the principal money of any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately, or any two or more of such mortgages together.

For applicability of doctrine of Lis Pendens the property should be

  1. movable

  2. immovable

  3. both movable and immovable

  4. None of these

Show answer
Correct Option: B
Explanation:

Section 52 of Transfer of property act, 1882, i.e doctrine of lis pendens talks about only immovable property.  
 

To be competent to transfer property it is not essential that

  1. person be major

  2. person be sound mind

  3. person is competent to contract

  4. transferable property of his own

Show answer
Correct Option: D
Explanation:

Under Transfer of property act, 1882, it is not required that that person transferring property must be the owner of the property. Even an agent can transfer property of his principle.

Provision of longer period in the matter of accumulation of property under Section 17 of the Transfer of Property Act, 1882 amounts to

  1. 18 years

  2. 20 years

  3. 22 years

  4. 25 years

Show answer
Correct Option: A
Explanation:

Under Section 17 of transfer of Property Act, 1882, provision of longer period in the matter of accumulation of property amounts to 18 years.

For the purpose of making a gift of immoveable property the transfer must be affected

  1. by delivery of possession

  2. by a registered instrument signed by or on behalf of the donor and duly attested

  3. by simple instrument

  4. by simple instrument accompained by delivery of possession

Show answer
Correct Option: B
Explanation:

As per Section 123 of Transfer of property act, 1882, for the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor.

What kind of property is transferable?

  1. Right to re-entry

  2. Public Office

  3. Any kind of property if not prohibited by law

  4. Pension

Show answer
Correct Option: C
Explanation:

Under Transfer of property act, 1882, if law has not prohibited any property to transfer then it is a valid transfer.  

Under the Transfer of Property Act, 1882, the condition restraining alienation is provided in

  1. Section 10

  2. Section 9

  3. Section 8

  4. Section 7

Show answer
Correct Option: A
Explanation:

Section 10 of Transfer of property Act, 1882, talks about condition restraining alienation.

 

'Attested' in relation to an instrument means and shall be deemed always to have been attested by at least

  1. one witness

  2. two witnesses

  3. three witnesses

  4. four witnesses

Show answer
Correct Option: B
Explanation:

Under Section 3 of Transfer of property act, 1882, 'attested' in relation to an instrument means attested by two or more witnesses.

Where writing is not expressly required by law, a transfer of property may be made orally.

  1. False

  2. Transfer can only be made by writing

  3. With consent of parties oral transfer can be done

  4. True

Show answer
Correct Option: D
Explanation:

Section 9 of Transfer of property act, 1882, a transfer of property may be made without writing in every case in which a writing is not expressly required by law.

Under the Transfer of property Act, 1882, a charge may be created by

  1. act of the parties

  2. process of law

  3. presumption

  4. acts of parties and process of law

Show answer
Correct Option: D
Explanation:

Section 100 of Transfer of property act, 1882 states that a charge may be created by the act of parties and due process of law both.

The term subrogation is used in the Transfer of Property Act in relation to

  1. sale

  2. mortgage

  3. lease

  4. None of these

Show answer
Correct Option: B
Explanation:

Section 91 of Transfer of property act, 1882, states a person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed,

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