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Property Law- III

Description: Property Act Test-3
Number of Questions: 20
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Tags: Property Act Test-3 Property Law
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Which of the following is/are not required in a gift?

  1. Donor and donee

  2. Consideration

  3. Movable or immovable property

  4. Transfer and acceptance

  5. None of above


Correct Option: B
Explanation:

As per section 122 of Transfer of Property Act, 1882, "gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

A gift comprising both existing and future property is

  1. void

  2. valid

  3. void as the existing property

  4. void as the future property

  5. valid as the future property


Correct Option: D
Explanation:

Transfer of Property Act, 1882, completely makes the transfer of future property void.

The farm of Sultanpur is the property of C and worth Rs. 80000. A, by an instrument of gift, professes to transfer it to B giving by the same instrument at Rs. 100000 to C. A dies before the election. B shall

  1. be entitled to get Rs. 20000 from C

  2. be entitled to get Rs. 80000 from A's representative

  3. not be entitled to get any amount from anyone

  4. None of these


Correct Option: B
Explanation:

As per section 3 of Transfer of Property Act, 1882, where a person professes to transfer property or where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee, the amount or value of the property attempted to be transferred to him.

Option (1) is incorrect: B is entitled to get Rs. 80000 from Rs. 100000.

Option (2) is correct: B is entitled to get Rs. 80000 from Rs. 100000 from A’s representative. Option (3) is incorrect: B is entitled to get Rs. 80000 from Rs. 100000 from A’s representative.

Which of the following transfers is valid?

  1. An unregistered usufructuary mortgage for Rs. 100

  2. An unregistered gift of immovable property of the value of Rs. 99

  3. An oral lease of immovable property from year to year

  4. An oral assignment of debts


Correct Option: A
Explanation:

The transfer is invalid. As per section 59 of Transfer of Property Act, 1882, where the principal money secured is one hundred rupees or more, a mortgage other than a mortgage by deposit of title deeds can be affected only by a registered instrument signed by the mortgagor.

 

A lease of immoveable property from year to year is terminable on the part of either lessor or lessee, by

  1. one month

  2. six months

  3. three months

  4. sixty days notice expiring with the end of a year of the tenancy.


Correct Option: B
Explanation:

As per section 106 of Transfer of Property Act, 1882, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy.

Which of the following cannot be transferred?

  1. Spec succession

  2. A right to sue

  3. A right of re-entry to the owner for breach of a condition subsequent

  4. A right to future maintenance


Correct Option: C
Explanation:

A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby.

How many types of mortgages are there in Section 58 of Transfer of Property Act?

  1. Four

  2. Five

  3. Six

  4. Seven


Correct Option: C
Explanation:

Options (1), (2) and (4) are incorrect. Option (3) is correct: Under Section 58 of Transfer of Property Act, 1882, six types of mortgages are defined.

Which of the following statements is not correct, in context of Transfer of Property Act?

  1. It is the act by which a living person conveys property.

  2. He conveys property in present or in future.

  3. He conveys property to one or more other living persons.

  4. He cannot transfer property to himself and one or more other living persons.


Correct Option: D
Explanation:

Options (1), (2) and (3) are incorrect: As per Section 5 of "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. Hence Option (4) is correct: Transfer of property can be made to himself and one or more other living person.

Universal donee is

  1. not liable for any debt or liability

  2. personally liable for all debts and liabilities existing at the time of gift

  3. only liable for half of the liabilities

  4. only liable for one-third of liabilities


Correct Option: B
Explanation:

Section 128 of the Transfer of Property Act, 1882, where a gift consists of the donour's whole property, the donee is personally liable for all debts due by and liabilities of the donour at the time of the gift to the extent of the property comprised therein.

A mortgage by deposit of title deeds is called

  1. anomalous mortgage

  2. english mortgage

  3. equitable mortgage

  4. usufructuary mortgage


Correct Option: C
Explanation:

Where a person in any of the following towns, namely, the towns of Calcutta, Madras and Bombay, and in any other town which the State Government concerned may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immovable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title deeds.  
 

A lease of immovable property is not determined by

  1. efflux of time limited thereby

  2. express surrender

  3. the service of a notice to quit

  4. forfeiture


Correct Option: C
Explanation:

A lease of immovable property is not determined by the service of a notice to quit.

A lease of immovable property from year to year or exceeding one year can be made

  1. only before Notary

  2. valid if executed before the magistrate

  3. effective if agreement is made by the parties

  4. only by a registered instrument


Correct Option: D
Explanation:

As per Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent can be made only by a registered instrument.

Immovable property does not include timber. This statement is

  1. true

  2. false

  3. true till it is rooted in the earth

  4. true as it is severed from the earth

  5. Branches of timber are not included in immovable property.


Correct Option: A
Explanation:

Option (1) is correct: As per Section 3 of Transfer of Property Act, 1882, immovable property doesn’t include standing timber, growing crops or grass.

Option (2) is incorrect: Immovable property doesn’t include standing timber.

Option (3) is incorrect: Immovable property doesn’t include standing timber at all. Option (4) is incorrect: Immovable property doesn’t include standing timber.

The doctrine of Lis Pendens applies where

  1. the suit is collusive

  2. transfer is made after the decree of the trial court, but before the fillng of an appeal

  3. right to movable property is in question

  4. property is situated outside the territorial jurisdiction of the court


Correct Option: B
Explanation:

Option (2) is correct: The pendency of any suit or proceedings in any court having authority within the limits of India, the suit or proceedings are not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred by any party to the suit or proceeding so as to affect the rights of any other party thereto, under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.

A lends a farm to B on a condition that he shall walk hundred miles in an hour. Choose the correct option for the statement.

  1. The lease is void.

  2. The lease can be executed if B walks 100 miles in an hour.

  3. The lease can be executed.

  4. Conditional transfer can be made.

  5. Valid and conditional transfer can be made.


Correct Option: A
Explanation:

Option (1) is correct: According to Section 25 of Transfer of Property Act, 1882, an interest created on a transfer of property and dependent upon a condition fails if the fulfillment of the condition is impossible. Hence, the lease is void.

Options (2), (3) and (4) are incorrect: The lease cannot be executed at all and conditional transfer is not enforceable under law.

A, believing in good faith that he is absolutely entitled thereto, sows crops on B's land. The crops are growing at the time of his eviction. A is entitled to

  1. whole of the crop

  2. half of the crop

  3. transfer of the land in his favour

  4. amount employee


Correct Option: A
Explanation:

Option (1) is correct. According to Section 51 of Transfer of Property Act, 1882, when the transferee of immovable property has planted or sown on the property crops, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted there from by any person having a better title, the transferee has a right to require the person causing the eviction to have such crops and to free ingress and egress to gather and carry them. Option (2) is incorrect: A is entitled to whole of the crops. Option (3) is incorrect: A is not entitled to land in his favour. Option (4) is incorrect: A is not entitled to an amount employee.

Which of the following is usufructuary mortgage?

  1. Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money.

  2. Where, without delivery of the possession to the mortgage, mortgagee retains the profit of the property.

  3. Where mortgagor binds himself to repay the mortgage money on a certain date.

  4. None of these


Correct Option: D
Explanation:

Option (1) is incorrect: It is an ingredient of English mortgage. Option (2) is incorrect: It is an ingredient of English mortgage. Option (3) is incorrect: It is an ingredient of English mortgage. Option (4) is correct: Where the mortgagor delivers possession expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same in lieu of interest or in payment of the mortgage-money, or partly in lieu of interest or partly in payment of the mortgage-money, the transaction is called a usufructuary mortgage.

Section 56 of the Transfer of Property Act, 1882 deals with

  1. marshalling by subsequent purchaser

  2. contract for sale

  3. discharge of encumbrance on sale

  4. None of these


Correct Option: A
Explanation:

Options (1) is correct: Section 56 of the Transfer of Property Act, 1882 deals with marshalling by subsequent purchaser. 

In which of the following cases a transfer of immovable property can be made without writing?

  1. Sale of property of a value more than Rs. 100

  2. Lease for a term of 11 months

  3. Exchange

  4. Actionable Claim


Correct Option: B
Explanation:

A lease for a term of 11 months of an immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.

Which of the following is not an immoveable property?

  1. A lease of land

  2. Growing crops

  3. A right of way

  4. A life interest in the income of immoveable property


Correct Option: B
Explanation:

Options (1), (3) and (4) are incorrect Option (2) is correct: As per Section 3 of transfer of property act, 1882 an "immovable property" does not include standing timber, growing crops or grass.

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