MCQ Question Bank on Transfer of Property Act, 1872 [250+ Objective Questions with Answers]

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1. The mortgagor in Indian law is the owner who had parted with some rights of ownership and the rights of redemption is a right which he exercises by virtue of his:

(a) pecuniary ownership

(b) residuary ownership

(c) conditional ownership

(d) none of the above.

Ans. (b)

2. When the mortgagor’s right to redeem accrues, the mortgagee has a right to enforce:

(a) his security

(b) his interest

(c) only (b) is correct

(d) none of the above.

Ans. (a)

3. The doctrine of a clog on the equity of redemption is a rule of justice, equity and good conscience. This was reaffirmed by the Supreme Court in:

(a) Apte v. Price, AIR 1962 AP 274

(b) Kandula Kenkiah v. Donga Pallaya, (1920) 43 Mad 589

(c) Murarilal v. Dev Karan, AIR 1965 SC 225

(d) none of the above.

Ans. (c)

4. A condition converting a mortgage into a sale is invalid as a clog on the equity of redemption. This was affirmed in case of:

(a) Gangadhar v. Shankarlal, AIR 1958 SC 77

(b) Ramlochan Singh v. Pradip Singh, AIR 1959 Pat 230

(c) Banarsilal v. Purnachand, AIR 1985 P&H 189

(d) none of the above.

Ans. (a)

5. When a mortgagee acquires a portion of equity of redemption, the mortgage is not extinguished completely. There can be only a pro tanto extinguishment of the mortgage right to the extent of the mortgagee acquiring the mortgagor’s interest and so far as the other sharer of the equity of redemption is concerned, the mortgagee will subsist. This was held in case of:

(a) Satyapal v. Rakayyabai, AIR 1993 Bom 203

(b) Madhavan v. Madhavan, AIR 1994 Ker 75

(c) Tamboli Ramanlal Motilal v. Gharchi Chimanlal Keshavlal, AIR 1992 SC 1236

(d) Hathika v. Puthiyapurayil Padmanathan, AIR 1994 Ker 141.

Ans. (b)

6. Section 60 of the Transfer of Property Act, 1882, does not refer to the exinction of the equity of redemption by operation of law. The statement is:

(a) false

(b) partly false

(c) true

(d) none of the above.

Ans. (c)

7. Under the provisions of section 60A of the Transfer of Property Act, 1882, where a mortgagor is entitled to redemption, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage debt and transfer the mortgaged property to such third person as the mortgagor may direct then the mortgagor:

(a) is not bound to assign and transfer accordingly

(b) is bound to assign and transfer accordingly

(c) is bound if the mortgagor assents

(d) none of the above.

Ans. (b)

8. Provisions of section 60A, i.e., obligation to transfer to third party instead of transference to mortgagor, do not apply in case of a mortgagee who:

(a) is not in possession

(b) is or has been in possession

(c) is previously possession holder

(d) none of the above.

Ans. (b)

9. A entered into an agreement with B for exchanging agricul­ture land belonging to A valued at Rs.1,23,411 for a residen­tial house of B valued at Rs.1,55,212. A transferred the land to B. But B did not have clear title of the residential house as such A was not allowed the possession of the same. Which of the following remedies area available to A?

A. He can sue for the loss but not for the recovery of his property

B. He can sue for recovery of his property but not for the loss suffered by him

C. He can sue for both recovery of the property and for the loss suffered by him

D. He cannot sue B at all, because the responsibility to take possession lies with A

Ans: C

10. A gift of immovable property effected by a deed of gift but brought about by undue influence of the donee, though the donor acted voluntarily in making it:

A. Is valid and binding

B. Is void

C. Is voidable at the donee’s option

D. Is voidable at the donor’s option

Ans: D

11. A is owner of a cowshed and a land adjacent to the cowshed. He sells the cow shed to B, with an understanding that B can continue to graze cattle on A’s land. The maximum capacity of the cow shed is for 30 cows. B brought in 15 cows and started using the land. Later on B increased the capacity of cowshed to 60 cows. Which of the following statements will apply?

A. B can continue to use land for grazing by 60 cows

B. B can only use the land for grazing by 15 cows

C. B can only use the land for grazing by 30 cows

D. B can continue to use the land for grazing of as many cows as he likes, as long as the grass is sufficient for the purpose

Ans: C

12. A lease of immovable property determines under the provisions of the Transfer of Property Act, 1882 when __________

A. By implied surrender

B. By efflux of time, in case time is not limited thereby

C. When time is limited unconditionally on the happening of some event, till such event happens

D. None of these

Ans: A

13. A notice by the landlord to the tenant asking him to vacate the premises without specifying that the tenancy has been terminated:

A. Is valid under the provisions of the Transfer of the Property Act, 1882

B. Is invalid under the provisions of the Transfer of the Property Act, 1882

C. May be valid under the provisions of the Transfer of the Property Act, 1882 depending on the content of the notice

D. May be valid under the provisions of the Transfer of the Property Act, 1882 depending on the intention of the landlord

Ans: A

14. A right to recover cows trapped on the owner’s land will be:

A. Actionable claim

B. Easement

C. License

D. None of these

Ans: D

15. A right under irrevocable license is generally:

A. Heritable

B. Transferable, when not coupled with the transfer of an assignable interest in the property

C. Both A and b

D. Neither A nor B

Ans: A

16. A tenant remaining possession after the determination of the lease is called:

A. Tenant on sufferance

B. Tenant at will

C. Either A or B, depending whether he retains possession with or without landlord’s permission

D. Both A and B

Ans: C

17. According to provisions of the Transfer of Property Act, 1882, the easements:

A. Can be transferred

B. Cannot be transferred

C. Cannot be transferred apart from the dominant heritage

D. Can be transferred apart from the dominant heritage

Ans: C

18. According to Supreme Court rulings, the renewal of lease is:

A. Continuation of the old lease

B. A new lease

C. Cannot be made before the expiry of the old lease

D. None of these

Ans: B

19. Before the commencement of the Transfer of Property Act, 1882, the transfer of immovable properties in India were governed by the:

(a) Principles of English law and equity

(b) Indian Registration Act, 1908

(c) British State of Goods Act, 1880

(d) Indian Contract Act, 1872.

Ans. (a)

20. The courts, before the enactment of the Transfer of Property Act, 1882, were forcing to decide property disputes according to their own notion and justice and fair play:

(a) because judges were making own laws

(b) because of absence of any specific statutory provisions on the property matters

(c) because British Judges were confused with Indian property disputes

(d) because judges were educated in British property laws.

Ans. (b)

21. Law Commission for the Transfer of Property matters was appointed in England and the Draft Bill prepared by the Commission was introduced in Legislative Council in:

(a) 1870

(b) 1875

(c) 1877

(d) 1882.

Ans. (c)

22. The Bill on Transfer of Property was referred to:

(a) First Law Commission

(b) Second Law Commission

(c) Third Law Commission

(d) Fourth Law Commission.

Ans. (c)

23. The Transfer of Property Act was enacted in the year:

(a) 1880

(b) 1881

(c) 1882

(d) 1883.

Ans. (c)

24. The Transfer of Property Act received its assent on:

(a) 17th February, 1882

(b) 22nd February, 1882

(c) 23rd February, 1882

(d) 27th February, 1882.

Ans. (a)

25. First Amendment was made in the Transfer of Property Act, 1882 in the year:

(a) 1880

(b) 1883

(c) 1884

(d) 1885.

Ans. (d)

26. The Transfer of Property Act, 1882, came into effect from:

(a) 17th February, 1882

(b) 27th February, 1882

(c) 17th March, 1882

(d) 1st July, 1882.

Ans. (d)

27. The Transfer of Property Act, 1882, extends in first instance to the whole of India except:

(a) territories which, immediately before 1st November, 1956 were comprised in Part B States or in State of Bombay, Punjab and Delhi

(b) territories which immediately before 1st November, 1956, were comprised in Part B State or in States of Bombay, Bihar and West Bengal

(c) it extends in first instance to the whole of India except the territories which immediately before 1st November, 1956, were comprised in Part B States of Madras, West Bengal and Manipur

(d) it extends in first instance to the whole of India except the territories which immediately before 1st November, 1956 were comprised in Part B States of Assam, Manipur and Tripura.

Ans. (a)

28. According to the Transfer of Property Act, 1882 any State Government may from time to time exempt either any part of territories from all or any of sections:

(a) 54, paragraphs 2 and 3, 59, 107 and 123

(b) 54, 107 and 123

(c) 54, 107 and 120

(d) 54, 107 and 113.

Ans. (a)

29. Within the meaning of provisions of the Transfer of Property Act, 1882, the immovable property does not include:

(a) standing timber or grass

(b) standing timber, jewellery and crops

(c) standing timber, growing crops or grass

(d) only grass.

Ans. (c)

30. According to Transfer of Property Act, 1882:

(a) instrument means a non-testamentary instrument

(b) testamentary instrument

(c) both testamentary and non-testamentary instrument

(d) none of the above.

Ans. (a)

31. Under the Transfer of Property Act, 1882, the term “attested” means:

(a) attested by two or more witnesses

(b) attested by one witness only

(c) attested by two witnesses only

(d) no condition prevails.

Ans. (a)

32. Under the Transfer of Property Act, 1882, registered pertains to:

(a) registration of property

(b) registration of documents

(c) registration of parties

(d) none of the above.

Ans. (b)

33. Under the Transfer of Property Act, 1882, “attached to earth” means:

(I) routed in the earth, as in the case of trees and shrubs;

(II) imbedded in the earth as in the case of walls and buildings; or

(III) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached.

(a) only (I) and (II) are correct

(b) only (II) and (III) are correct

(c) only (I) and (III) are correct

(d) all (I), (II) and (III) are correct.

Ans. (d)

34. The chapters and sections of the Transfer of Property Act, 1882, which relate to contracts shall be part of:

(a) Indian Registration Act, 1908

(b) Sale of Goods Act, 1930

(c) General Clauses Act, 1897

(d) Indian Contract Act, 1872.

Ans. (d)

35. Within the meaning of section 4 of the Transfer of Property Act, 1882 the provisions of sections 54, paragraphs 2 and 3, sections 59,107 and 123 shall be read as supplemented to:

(a) Indian Contract Act, 1872

(b) Indian Registration Act, 1908

(c) General Clauses Act, 1897

(d) Sale of Goods Act, 1930.

Ans. (b)

36. Chapter II of the Transfer of Property Act shall not be deemed to effect any rule of:

(a) Mohammedan law

(b) Christian law

(c) Parsi law

(d) none of the above.

Ans. (a)

37. According to section 5 of the Transfer of Property Act, 1882, living person includes:

(a) company or association or body of individuals

(b) individual human being only

(c) only important company or associations

(d) none of the above.

Ans. (a)

38. Under the provisions of section 6 of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate, the chance of a relation abstaining a legacy on the death of a kinsman, or any other mere possibility of like nature:

(a) cannot be transferred

(b) can be transferred

(c) can be transferred subject to certain conditions

(d) none of the above.

Ans. (a)

39. Under the provisions of section 6 of the Transfer of Property Act, 1882, 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:

(a) the statement is true

(b) the statement is false

(c) the statement is partly true

(d) none of the above.

Ans. (a)

40. Under the provisions of the Transfer of Property Act, 1882, an easement cannot be transferred apart from the dominant heritage:

(a) the statement is true

(b) the statement is false

(c) the statement is partly true

(d) none of the above.

Ans. (a)

41. According to the provisions of the Transfer of Property Act, 1882, all interest in property restricted in its enjoyment to the owner personally cannot be transferred by him:

(a) the statement is true

(b) the statement is false

(c) the statement is partly true

(d) none of the above.

Ans. (a)

42. Under the provisions of section 6 of the Transfer of Property Act, 1882:

(a) a right to future maintenance can be transferred

(b) cannot be transferred

(c) no such provision is made in the Act

(d) none of the above.

Ans. (b)

43. The provisions of section 53 of the Transfer of Property Act, 1882 are not affected by any of the provisions of:

(a) Sale of Goods Act, 1930

(b) Indian Registration Act, 1908

(c) Specific Relief Act, 1963

(d) Benami Transactions (Prohibition) Act, 1988.

Ans. (d)

44. The part performance in the transfer of property is provided in:

(a) section 53A of the Transfer of Property Act, 1882

(b) section 53 of the Indian Partnership Act, 1930

(c) section 53 of the Indian Registration Act, 1908

(d) section 53 of the Specific Relief Act, 1908.

Ans. (a)

45. The following are some postulates as sine qua non for basing a claim on section 53A of the Transfer of Property Act, 1882:

(1) The contract should have been in writing signed by transferor.

(2) Transferee should have got possession of the immovable property covered by contract.

(3) Transferee should have done some act in furtherance of contract.

(a) only (1) and (2) are relevant

(b) only (2) and (3) are relevant

(c) only (1) and (3) are relevant

(d) all (1), (2) and (3) are relevant.

Ans. (d)

46. The words “any immovable property” in section 53A of the Transfer of Property Act, 1882 refers to:

(a) this section cannot apply to movable property

(b) not all of immovable property

(c) not a particular immovable property

(d) none of the above.

Ans. (a)

47. The term ‘sale’ in the Transfer of Property Act, 1882 is defined in section:

(a) 53

(b) 54

(c) 55

(d) 56.

Ans. (b)

48. Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part- promised. This definition refers to:

(a) section 54 of the Transfer of Property Act, 1872

(b) section 54 of the Sale of Goods Act, 1930

(c) section 54 of the Indian Registration Act, 1908

(d) none of the above.

Ans. (a)

49. Within the meaning of section 54 of the Transfer of Property Act, 1882, the sale does not include:

(a) higher purchase transaction

(b) auction sale

(c) instalment payment system

(d) none of the above.

Ans. (a)

50. Within the meaning of section 55 of the Transfer of Property Act, 1882, the seller is:

(a) bound to disclose to the buyer any material defect in the property or in seller’s title of which the seller is and buyer is not aware and which the buyer could not with ordinary care discover

(b) not bound to disclose anything

(c) only (b) is correct

(d) none of the above.

Ans. (a)

51. In case of transfer of property the seller is:

(a) not entitled to rents and profits of the property till the ownership thereof passes to buyer

(b) is entitled to rents and profits of the property till the ownership thereof passes to buyer

(c) is entitled to rents or other profits

(d) none of the above.

Ans. (b)

52. Under the Transfer of Property Act, 1882 the rights and liabilities of buyer and seller are dealt in section:

(a) 52

(b) 53

(c) 54

(d) 55.

Ans. (d)

53. Section 55(1) (a) of the Transfer of Property Act, 1882 is same with:

(a) section 16 of the Sale of Goods Act, 1930

(b) section 16 of the Indian Contract Act, 1872

(c) section 16 of the Indian Registration Act, 1908

(d) none of the above.

Ans. (a)

54. Under section 55(1) (d) of the Transfer of Property Act, 1882, if either party sues for specific performance, he must show that he was ready and willing to perform:

(a) the statement is not relevant

(b) statement is relevant

(c) only (a) is correct

(d) none of the above.

Ans. (b)

55. Within the meaning of provisions of the section 55(4) (b) of the Transfer of Property Act, 1882, where the title in the property has passed, but possession has not been delivered, the seller is not entitled to:

(a) interest on the purchase price

(b) possession of property

(c) only (b) is right

(d) none of the above.

Ans. (a)

56. If there are several purchasers, the seller is not concerned with the proportion to be paid by each, but he has a charge on the whole property:

(a) for unpaid purchase money

(b) for paid up amount only

(c) only (b) is correct

(d) none of the above.

Ans. (a)

57. Conditions of contracts for sale frequently impose restrictions on the buyer’s right to make requisitions as to title. These fall under:

(1) Requiring requisition to be made in a specified time.

(2) Restricting the period for which title is to be shown.

(3) Requiring the existence of a fact to be assumed.

(4) Requiring the buyer to accept title as it is.

(a) only (1), (2) and (3) are relevant

(b) only (1), (2) and (4) are relevant

(c) only (1), (2), (3) and (4) are relevant

(d) only (2), (3) are relevant.

Ans. (c)

58. A lessee is not entitled to the right of marshalling under the section:

(a) 55 of the Transfer of Property Act, 1882

(b) 56 of the Transfer of Property Act, 1882

(c) 57 of the Transfer of Property Act, 1882

(d) none of the above.

Ans. (b)

59. The object of section 57 of the Transfer of Property Act, 1882 is to:

(a) facilitate the sale of encumbered estates by taking the encumbrance off the title before sale

(b) is not to facilitate the sale of encumbered estates by taking the encumbrance off the title before sale

(c) only (b) is correct

(d) none of the above.

Ans. (a)

60. Within the meaning of section 58 of the Transfer of Property Act, 1882 a mortgage is a transfer of an interest in specific immovable property as security for the repayment of a debt:

(a) such interest itself is immovable property

(b) such interest is not immovable property

(c) question of interest does not arise

(d) none of the above.

Ans. (a)

61. The Transfer of Property Act, 1882, refers to mortgages of immovable property and the Indian Contract Act, 1872 refers to:

(a) pledges of immovable property

(b) mortgages of immovable property

(c) pledges of immovable property

(d) none of the above.

Ans. (a)

62. Section 58 enumerates some classes mortgages:

(1) Simple mortgage

(2) Mortgage by conditional sale

(3) Usufructuary mortgage

(4) English mortgage

(5) Equitable mortgage

(6) Anomalous mortgage

(a) only (1), (2) and (3) are relevant

(b) only (4), 3 and 2 are relevant

(c) only (4), (5) and (6) are relevant

(d) all are relevant.

Ans. (d)

63. In case of usufructuary mortgage the mortgagee is placed in possession and has a right to enjoy the rents and profits:

(a) until the debt is paid

(b) till the contract is rescinded

(c) only (b) is correct

(d) none of the above.

Ans. (a)

64. These are some characteristics of a usufructuary mortgage under section 58 of the Transfer of Property Act, 1882:

(1) There is no personal liability on the mortgagor.

(2) No time limit is fixed.

(3) Mortgagee takes the whole or part of the rent and profits.

(a) only (3) is relevant

(b) only (2) is relevant

(c) only (1) is relevant

(d) all are relevant.

Ans. (d)

65. Zuripeshgi lease bears a close resemblance to usufructuary mortgages, but are not mortgages:

(a) unless the lease is for the particular purpose

(b) unless the lease is for the purpose of securing a debt

(c) only (a) is correct

(d) none of the above.

Ans. (b)

66. These are some requisites of an equitable mortgage:

(1) a debt

(2) a deposit of title deeds

(3) an intention that the deeds shall be security for the debt

(a) only (1) is relevant requisite

(b) only (2) is relevant requisite

(c) only (3) is relevant requisite

(d) all are relevant requisites.

Ans. (d)

67. Section 60 of the Transfer of Property Act, 1882 affirms a right of redemption:

(a) in some particular mortgages

(b) in all mortgages

(c) not in a single mortgages also

(d) none of the above.

Ans. (b)

68. Which of the following sections of the Transfer of Property Act, 1882 do not apply to persons governed by Muhammadan law?

A. Section 55

B. Section 11

C. Both A and B

D. Neither A nor B

Ans. B

69. Which of the following statements is true regarding definitions given under the Transfer of Property Act, 1882?

A. Term ‘instrument’ means both testamentary and non- testamentary instrument

B. Term ‘actionable claims’ include debt secured by mortgage on the residential house

C. The term ‘attached to earth’ will not means trees and shrubs

D. The term ‘attested’ means attested by two or more witness

Ans. D

70. Which of the following properties can be transferred under the Transfer of Property Act, 1882?

A. Salary of a public officer

B. Right to sue

C. Both A and B

D. Neither A nor B

Ans. D

71. Which of the following transfers and conditions will be valid under the Transfer of Property Act, 1882?

A. A sells the property to B absolutely, with a direction that B cannot sell it without the permission of A

B. A makes a gift to B with a condition that in case B does not divorce his wife, the property will revert back to A

C. A gifts the property to his wife with a condition that his wife cannot sell without A’s permission

D. None of these

Ans. D

72. Which of the following is the time limit given under Section 17 of the Transfer of Property Act, 1882?

A. Life of the transferee

B. A period of 18 years from the date of transfer

C. Either A or B whichever is longer

D. Neither A nor B

Ans. B

73. In which of the following cases is rule against per­petuity not applicable under the Transfer of Property Act, 1882?

A. In case property is transferred for the benefit of lineal decedents

B. In case property is transferred for the purpose of construction of a winery

C. In case property is transferred for the purpose of creating a temple promoting Sati

D. In case property is transferred for building a library for comic books

Ans: D

74. Under the Transfer of Property Act, 1882, vested interest is_______.

A. Defeated by the death of the transferor

B. Defeated by the death of the transferee

C. Either or both A and B

D. Neither A nor B

Ans: D

75. In which of the following cases will need for election by the owner of the property arise under the Transfer of Property Act, 1882?

A. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed he elects to give Rs.5,000 to A. The value of the property is 19,000

B. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed he elects to give Rs.5,000 to A. The value of the property is 4,000

C. B gifts the property belonging to A to C by a gift deed, in the same deed he gifts non-redeemable bonds of Rs.5,000 to A’s youngest son. The value of the property is 4,000

D. B gifts the property belonging to A to C. In the same gift deed he elects to transfer a bank fixed deposit of Rs.3,000 to A. The value of the property is 19,000

Ans: D

76. In which of the following cases will the transferee get good title of the property transferred, if he acted in good faith?

A. Transfer by ostensible owner of the property for consideration

B. Transfer by owner of the property in which a widow has life interest for maintenance

C. Both A and B

D. Neither A nor B

Ans: C

77. Which of the following statements is true regarding sale as defined under the Transfer of Property Act, 1882?

A. Sale cannot be for intangible property

B. Registration of every transfer of every tangible immovable property is required

C. The full value of the property must be paid or payment of full value must be promised

D. None of these

Ans: D

78. Which of the following statements is true regarding rights of the seller under the Transfer of Property Act, 1882?

A. He is entitled to the rents and profits of the property till he receives full payment for the same

B. Benefit of improvement in price before the property is delivered

C. To bear the loss on decrease of the value of property before receiving full payment

D. To the rents and profits of the property till the ownership of the property passes to the buyer

Ans: D

79. Which of the following is not stated as the responsibility of the buyer, under the provisions of the Transfer of Property Act, 1882?

A. To pay or tender, at the time and place of completing the sale, the purchase money to the seller or such person as he directs

B. To give right of inspection to seller or to any person authorised by seller after the ownership is transferred till such time as whole payment or tendering of the purchase money is made

C. Both A and B

D. Neither A nor B

Ans: A

80. Which of the following is nearest to meaning of the phrase ‘English mortgaged’ as defined by the Transfer of Property Act, 1882?

A. Where on payment of certain sum by the mortgagee the property passes to him

B. Where there are two sales made, one at the start of mortgage with the condition that after the mortgage amount is paid back, the property will sold back

C. Where the mortgagee gets the possession of the property with the rights of profits, rents etc.

D. Where the mortgage is made by submitting the title deed

Ans: B

81. Which of the following is the right of mortgager to redeem as conferred by the Transfer of Property Act, 1882?

A. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to any such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to the mortgagor

C. Either A or B

D. Neither A nor B

Ans: D

82. Within the meaning of section 48 of the Transfer of Property Act, 1882, the transfer cannot prejudice the rights of the transferee by any subsequent dealing with the property. This self-evident proposition is expressed in:

(a) equitable maxim qui prior est tempore potior est jure

(b) quid pro co

(c) bona fide transfer

(d) none of the above.

Ans. (a)

83. The provision of improvements made by bona fide holders under defective titles is dealt in:

(a) section 50 of the Transfer of Property Act, 1882

(b) section 51 of the Transfer of Property Act, 1882

(c) section 53 of the Transfer of Property Act, 1882

(d) none of the above.

Ans. (b)

84. A lessee cannot appeal to this section 51 of the Transfer of Property Act, 1882. The statement is:

(a) true

(b) false

(c) partly true

(d) none of the above.

Ans. (a)

85. Some conditions must be fulfilled before the equity provided in section 51, arises:

(1) The person evicted must be transferee.

(2) The person must have made the improvements believing in good faith that he was absolutely entitled.

(a) only (1) is correct

(b) only (2) is correct

(c) both (1) and (2) are correct

(d) none of the above.

Ans. (c)

86. A tree passer is not a transferee within the meaning of section 51 of the Transfer of Property Act, 1882 and he is not entitled to compensation for improvements. This was decided in:

(a) Daya Ram v. Shyam Sundari, (1965) 1 SCR 231

(b) Krishan Prasad v. Adyanath Ghatak, AIR 1944 Pat 77

(c) Bhupendra v. Pyari, (1917) 40 IC 464

(d) none of the above.

Ans. (a)

87. The terms good faith in section 51 of the Transfer of Property Act, 1882 is used in the light of:

(a) Sale of Goods Act, 1930

(b) General Clauses Act, 1897

(c) Indian Registration Act, 1908

(d) Specific Relief Act, 1963.

Ans. (b)

88. Section 51 of the Transfer of Property Act, 1882, does not apply to:

(a) court sale

(b) auction sale

(c) bid

(d) none of the above.

Ans. (a)

89. Within the meaning of section 51 of the Transfer of Property Act, 1882, the transferee:

(a) has lien on land for the value of improvements

(b) has no lien on the land for the value of improvements

(c) has condition lien on the land for the value of improvements

(d) none of the above.

Ans. (b)

90. Section 52 of Transfer of Property Act, 1882 imposes a prohibition on transfer or otherwise dealing of any property during the pendency of a suit, provided the conditions laid down in section are satisfied. The statement is:

(a) false

(b) true

(c) partly true

(d) none of the above.

Ans. (b)

91. The principle of lis pendens embodied in section 52 of the Transfer of Property Act, 1882 pertains to:

(a) bona fide purchase

(b) public policy

(c) auction sale

(d) none of the above.

Ans. (b)

92. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. The statement is:

(a) true

(b) false

(c) partly true

(d) none of the above.

Ans. (a)

93. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. This statement is:

(a) false

(b) true

(c) partly false

(d) none of the above.

Ans. (b)

94. In case of a transfer hit by the doctrine of lis pendens, the question of good faith which is essential to be established before an equitable relief can be granted in favour of a subsequent vendee under sections 41 or 51 of the Transfer of Property Act, 1882 is:

(a) relevant

(b) partly relevant

(c) totally irrelevant

(d) partly irrelevant.

Ans. (c)

95. A suit for pre-emption involves a right to specific immovable property and transfer comes under:

(a) section 51 of the Transfer of Property Act, 1882

(b) section 52 of the Transfer of Property Act, 1882

(c) section 53 of the Transfer of Property Act, 1882

(d) none of the above.

Ans. (b)

96. The Supreme Court held that the act of taking illegal possession of property or the continuance of wrongful possession of property does not amount to “otherwise dealing with the property” so as to attract section 52, even if the wrong doer be a party to the suit. This was held in case of:

(a) Narain Singh v. Iman Din, (1934) 154 IC 729

(b) Dhansingh v. Sushilabai, AIR 1968 MP 229

(c) Harnam Singh v. Jiwan, 1906 PR 7

(d) Rajendra Singh v. Sama Singh, AIR 1973 SC 2537.

Ans. (d)

97. Section 52 of the Transfer of Property Act, 1882, does not affect to:

(a) post-transfer rights

(b) pre-existing rights

(c) instant rights

(d) pecuniary rights.

Ans. (b)

98. Section 52 of the Transfer of Property Act, 1882, does not apply when the defendant becomes insolvent during the pendency of a suit and the estate vests in the official assignee. The statement is:

(a) false

(b) true

(c) partly true

(d) none of the above.

Ans. (b)

99. The provision of fraudulent transfer is dealt in:

(a) section 49 of the Transfer of Property Act, 1882

(b) section 50 of the Transfer of Property Act, 1882

(c) section 51 of the Transfer of Property Act, 1882

(d) section 53 of the Transfer of Property Act, 1882.

Ans. (d)

100. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor, shall be voidable:

(a) at the option of creditor so defeated or delayed

(b) at the option of debtor

(c) at the option of court

(d) none of the above.

Ans. (a)

101. A marriage settlement made to defeat and defraud creditor is voidable under section 53 of the Transfer of Property Act, 1882. This was held in case of:

(a) Sultan Ahmad v. Rashid Ahmad, AIR 1990 All 47

(b) Vinayak v. Mureshwar, AIR 1956 Punj 46

(c) Alamelu Achie v. Meenakshi, AIR 1960 Mad 536

(d) none of the above.

Ans. (c)

102. Under the provisions of section 53 of the Transfer of Property Act, 1882, the relinquishment by one co-parcener in favour of another cannot be said to be a transfer unless:

(a) it is found to be a device to evade creditors

(b) it is found to be a device to evade debtors

(c) it is to be a device to evade the government policy

(d) none of the above.

Ans. (a)

103. Section 53 of the Transfer of Property Act, 1882, does not affect to:

(a) movable property

(b) immovable property

(c) only (b) is correct

(d) none of the above.

Ans. (a)

104. The term creditor used in section 53 of the Transfer of Property Act, 1882 includes:

(a) subsequent creditors only

(b) creditors at the time of assignment only

(c) both creditors at the assignment and subsequent creditors

(d) none of the above.

Ans. (c)

105. Which of the following statements is true regarding rights of the seller under the Transfer of Property Act, 1882?

A. He is entitled to the rents and profits of the property till he receives full payment for the same

B. Benefit of improvement in price before the property is delivered

C. To bear the loss on decrease of the value of property before receiving full payment

D. To the rents and profits of the property till the ownership of the property passes to the buyer

Ans. (D)

106. In which of the following cases is rule against per­petuity not applicable under the Transfer of Property Act, 1882?

A. In case property is transferred for the benefit of lineal decedents

B. In case property is transferred for the purpose of construction of a winery

C. In case property is transferred for the purpose of creating a temple promoting Sati

D. In case property is transferred for building a library for comic books

Ans. (D)

107. Which of the following is not stated as the responsibility of the buyer, under the provisions of the Transfer of Property Act, 1882?

A. To pay or tender, at the time and place of completing the sale, the purchase money to the seller or such person as he directs

B. To give right of inspection to seller or to any person authorised by seller after the ownership is transferred till such time as whole payment or tendering of the purchase money is made

C. both A and B

D. neither A nor B

Ans. (A)

108. In which of the following cases will need for election by the owner of the property arise under the Transfer of Property Act, 1882?

A. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed he elects to give Rs.5,000 to A. The value of the property is 19,000

B. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed he elects to give Rs.5,000 to A. The value of the property is 4,000

C. B gifts the property belonging to A to C by a gift deed, in the same deed he gifts non-redeemable bonds of Rs.5,000 to A’s youngest son. The value of the property is 4,000

D. B gifts the property belonging to A to C. In the same gift deed he elects to transfer a bank fixed deposit of Rs.3,000 to A. The value of the property is 19,000

Ans. (D)

109. In which of the following cases will the transferee get good title of the property transferred, if he acted in good faith?

A. Transfer by ostensible owner of the property for consideration

B. Transfer by owner of the property in which a widow has life interest for maintenance

C. both A and B

D. neither A nor B

Ans. (C)

110. Which of the following statements is true regarding sale as defined under the Transfer of Property Act, 1882?

A. Sale cannot be for intangible property

B. Registration of every transfer of every tangible immovable property is required

C. The full value of the property must be paid or payment of full value mast be promised

D. None of these

Ans. (D)

111. Under the provisions of section 40 of the Transfer of Property Act, 1882, the right referred to in First Paragraph of this section refers to:

(a) right of transferer as against purchase from a transferee to restrain the breach of a negative covenant

(b) negative right of transferer as against purchaser from a transferee to restrain the breach of a negative covenant

(c) mixed right of both purchaser and transferer

(d) none of the above.

Ans. (a)

112. Within the meaning of section 40 of the Transfer of Property Act, 1882, the purchaser at a court sale:

(a) is not a transferee by operation of law

(b) is a transferee by operation of law

(c) is a transferee by operation of law and is not a transferee within the meaning of section 40

(d) none of the above.

Ans. (c)

113. The transfer by ostensible owner is provided in… section of the Transfer of Property Act, 1882:

(a) section 38

(b) section 39

(c) section 40

(d) section 41.

Ans. (d)

114. With the express or implied consent of interested person in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, then the transfer shall not be:

(a) voidable

(b) void

(c) valid

(d) none of the above.

Ans. (a)

115. The section 41 of the Transfer of Property Act, 1882 is the statutory application of the law of estoppel. The statement is:

(a) true

(b) false

(c) partly true

(d) none of the above.

Ans. (a)

116. Under the provisions of the Transfer of Property Act, 1882, the seller is duty bound to disclose:

A. Patent defects in the property

B. Latent defects in the property

C. both A and B

D. neither A nor B

Ans. B

117. Under the provisions of the Transfer of the Property Act, 1882, the benefits of a contract can be assigned as an actionable claim and transferred unless:

A. The contract is one which had been induced by personal qualifications or considerations as to the parties to it

B. The benefit is coupled with an obligation which the assignor is bound to discharge

C. either A or B

D. neither A nor B

Ans. C

118. What is the default interest payable under section 63 and 63 A of the Transfer of Property Act, 1882?

A. 8% per annum

B. 9% per annum

C. 10% per annum

D. Interest rate is not mentioned in the sections

Ans. B

119. Where the mortgage is illegal for want of registration but the mortgagee continues in possession of the mortgaged property, a valid mortgage comes in existence after the expiry of:

A. 5 years

B. 10 years

C. 12 years

D. 20 years

Ans. C

120. Which of the following is not valid consideration for establishing a lease:

A. Rent partly in money and partly in kind

B. A stipulation to pay government assessment or taxes payable by the lessor

C. a personal agreement by a tenant to pay a certain sum or a certain quantity in kind to the landlord

D. None of these

Ans. C

121. Which of the following are valid illustrations of an anamolous mortgage?

A. A possessory mortgage without a conditional sale

B. A possessory mortgage with a right to cause the mortgaged property to sale in the event of default in payment

C. both A and B

D. neither A nor B

Ans. B

122. Which of the following can be considered implied surrender of the lease?

A. Non acceptance of a new lease taking effect during the continuance of the existing lease

B. Abandonment of possession by the lessee

C. A surrender by one of the two joint lessee’s, implied surrender on the part of second lessee

D. None of these

Ans. B

123. Which of the following can be transferred under the provisions of the Transfer of Property Act, 1882?

A. The right to mesne profits

B. A decree for mesne profits

C. A transfer of property to a prostitute for future cohabitation

D. A sub-lease of a farm for the retail sale of opium

Ans. B

124. Which of the following contracts are implied in case of mortgages under the Transfer of Property Act, 1882?

A. That the mortgagee will pay all public charges accruing due in respect of the property

B. Where the property mortgaged is lease property, and mortgagee renews the lease, the mortgagee has the right to continue enjoying the property until the lease runs out

C. both A and B

D. neither A nor B

Ans. D

125. Which of the following instruments have been excluded by the application of section 137 of the Transfer of Property Act, 1882?

A. Shares

B. Bills of Exchange

C. both A and B

D. neither A nor B

Ans. C

126. Which of the following is a valid example of a vested interest as defined by the Transfer of Property Act, 1882?

A. B a deceased, in his will leaves a residential property to C, to be transferred on the death of B’s daughter-in- law

B. B a deceased, in his will left Rs.65,000 to A, to be paid on A’s 50th birthday

C. both A and B

D. Neither A nor B

Ans. A

127. Which of the following is a valid example of contingent interest as defined by the Transfer of Property Act, 1882?

A. B gifted his property to his daughter-in-law, with a condition that the possession of the property will transfer to her only after B’s death

B. B made a gift of Rs.15,000 to A, deposited in an account to be transferred to A when he attains age of majority

C. both A and B

D. neither A nor B

Ans. B

128. Which of the following is the definition of the term ‘Exchange’ as given under the Transfer of Property Act, 1882?

A. When two or more persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only

B. When two persons mutually transfer the ownership of one thing for the ownership of another, either thing or both things being money only

C. When two or more persons mutually transfer the ownership of one thing for the ownership of another, either thing or both things being money only

D. When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only

Ans. D

129. Which of the following is the presumption made for lease under the Transfer of Property Act, 1882, unless a contract or local usage states otherwise?

A. The lease of immovable property for agriculture will be assumed to be for a period of three years

B. The lease of immovable property for purpose other than agriculture and manufacturing will be deemed to be for a period of one month

C. both A and B

D. neither A nor B

Ans. B

130. Which of the following is true regarding the ‘right of subrogation’ as defined under the Transfer of Property Act, 1882?

A. Any person redeeming the property under provisions of section 91 of the Act, has the same rights as the mortgagor against the mortgagee

B. Any person redeeming the property under provisions of section 91 of the Act, has the same right as the mortgagee against the mortgagor

C. either A or B depending on the facts of the case

D. neither A nor B

Ans. A

131. Which of the following is valid gift under the Transfer of Property Act, 1882?

A. A gift of interest in a house to a donee by a donor, allowing him to stay in it as long as he pays maintenance charges of Rs.30,000 per month to the donor. The rental value of the property is Rs.26,000

B. A gift of land by donor to a done, in return of a stone necklace worth Rs.3,000. The value of land being Rs.33,000

C. A gift of single rose valued at Rs.3 to a donee, in return of the donee being a considerate person

D. All of these

Ans. C

132. Which of the following properties can be transferred under the Transfer of Property Act, 1882?

A. Salary of a public officer

B. Right to sue

C. both A and B

D. neither A nor B

Ans. D

133. Which of the following propositions for distinguishing between a lease and a licence were made by Justice J Subba Rao in Associated Hotels of India v. RN Kapoor?

A. To ascertain whether a document creates a lease or a licence, the form of the document must be preferred to its substance

B. The real test is the intention of the parties, whether they intended to create a lease or a licence

C. If the document creates an interest in the property, it is a licence; but, if it only permits another to make use of the property, of which legal possession continues with the owner, it is a lease

D. both A and B

Ans. B

134. Which of the following section of the Transfer of Property Act, 1882 deal with the appointment of a receiver?

A. Section 68

B. Section 68A

C. Section 69

D. Section 69A

Ans. D

135. Which of the following sections of the provisions of the Transfer of Property Act, 1882 deals with relief against forfeiture for the non-payment of rent?

A. Section 114

B. Section 114A

C. Section 113

D. Section 113A

Ans. A

136. Which of the following sections of the Transfer of Property Act, 1882 were repealed by the Transfer of Property (Amendment) Act 1929?

A. Section 74

B. Section 75

C. both A and B

D. neither A nor B

Ans. C

137. Which of the following statements are true regarding rights and liabilities of a lessor under the Transfer of Property Act, 1882?

A. The lessee is bound on the lessor’s request to put him in possession of the property

B. The lessor is bound to pay or tender, at the proper time and place, the premium or rent to the lessee or his agent in this behalf

C. Lessee must not without permission erect on the property any permanent structure, except for agricultural purpose

D. Lessee must not without permission erect on the property any temporary or permanent structure, except for agricultural purpose

Ans. C

138. Which of the following statements hold true regarding receiver under the provisions of the Transfer of Property Act, 1882?

A. A person paying money to the receiver must make sure that the appointment of receiver is valid

B. The receiver can use the insurance money received, subject to other provisions of the Transfer of Property Act, 1882, for the payment of interest falling due under the mortgage, if so directed in writing by the mortgagee

C. The receiver can use the insurance money received, subject to other provisions of the Transfer of Property Act, 1882, for the payment of principle money, if so directed in writing by the mortgagee

D. None of these

Ans. C

139. Which of the following statements is true regarding suit for redemption of mortgaged property under the Transfer of Property Act, 1882?

A. Only mortgagor can bring the suit

B. Any creditor of the mortgagor who has obtained a decree, can bring the suit

C. Any creditor irrespective of decree for the same, can bring the suit

D. Any surety for the payment of the mortgage debt, can bring the suit

Ans. D

140. Based on court rulings in India which of the following activities will qualify for the purpose of provisions of section 18 of the Transfer of Property Act, 1882?

A. A gift for maintenance of property for the benefit of distinguished visitors to neighbourhood

B. A permanent bequest by a Parsi for the performance of muktad ceremonies

C. A gift for dharma

D. A gift for the spread of the Hindu religion

Ans. B

141. C and B are two brothers living as joint family. They decided to have a partition. In the partition deed the house with well fell on C, and B was allowed to take water from the well out of brotherly love. The right to take water will be in form of:

A. Easement

B. Revocable license

C. Irrevocable license

D. Interest in the property

Ans. C

142. Charge can be created by:

A. Act of parties

B. Operation of Law

C. Both A and B

D. Neither A nor B

Ans. C

143. Contract of tenancy can be split up by:

A. Court in eviction proceedings

B. Operation of Law

C. Either A or B

D. Neither A nor B

Ans. B

144. In case a lease is made for a certain period mentioning that it is terminable before its expiration, without mentioning at whose option________.

A. Only lessee will have the option of termination

B. Only lessor will have the option of termination

C. The lease will be terminable only in case of mutual agreement

D. Both lessor and lessee will have option of terminating the lease

Ans. A

145. In certain areas, the zamindar has a customary right to recover one-fourth of the sale consideration for a house sold by the riyaya. This is a customary right of antiquity mentioned in the wajibularz of the village. It is based not on contract or encumbrance, but arises only on sale. The riyaya has no saleable interest in a house in an agricultural village, but such a right is given to him on the understand­ing that if he leaves or abandons it, the zamindar gets one- fourth as zare chahorum. This custom was acknowledged because in settling the house, the zamindar had to make certain investments. The custom is not unreasonable or op­posed to law. Which of the following statement will apply?

A. The transaction will attract provision of section 55 of the Transfer of Property Act, 1882

B. The transaction will be saved by section 2(c) of the Transfer of Property Act, 1882 from the operation of section 55 of the act

C. The transaction is in form of customs, and customs and usage supersede the provisions of the Transfer of Property Act, 1882

D. The transaction is in forms of customs, and provisions of the Transfer of Property Act, 1882 supersede the customs and usage

Ans. B

146. In Dinendronath Sannyal v Ramcoomar Ghose it was held that:

A. The transfer by operation of law occurs in case of testamentary and intestate succession

B. An involuntary ‘sale’ is not necessarily a transfer by the operation of law

C. Legislature can modify, annul and substitute the contracts inter- vivos

D. None of these

Ans. A

147. In England, express surrenders of the lease are required by the Statute of Frauds to be in writing, in India the express surrenders of the lease:

A. Must be in writing

B. Must be registered if there are facts de hors

C. Both A and B

D. Neither A nor B

Ans. D

148. In English law, a minor cannot hold a legal estate in land, in India, a lease by a minor is_______.

A. Valid

B. Void

C. Voidable

D. Depends on the facts of the case

Ans. B

149. In Roman law, the earliest type of security was:

A. The fiducia

B. The pignus

C. The hypotheca

D. None of these

Ans. A

150. In which of the following cases did J Kekewich said that “You cannot limit an estate to a man and his heirs until he shall convey the land to a stranger, because it is of the essence of an estate in fee that it confers free power of alienation, and it has long been settled that the same principle is applicable to gifts of personality.”

A. Metcalfe v Metcalfe

B. Deo v Bevan

C. Tamaya v Timpa

D. Hippolite v Stuart

Ans. A

151. In which of the following cases will the puisne mortgagee has no right to redeem a prior mortgage?

A. Puisne mortgage is invalid

B. Puisne mortgage is time-barred

C. Puisne mortgagee has lost all remedies of foreclosure

D. All of these

Ans. D

152. Section 5 of the Transfer of Property Act, 1882:

A. Applies to property sold in auction sale

B. Does not apply to property sold in auction sale

C. Applies to compromise of doubtful rights

D. Does not apply to compromises of doubtful rights

Ans. B

153. Section 99 of the Transfer of Property Act, 1882 deals with____________.

A. Provisions related to charges on property

B. Provisions related to anomalous mortgage

C. Provisions related to mortgage by depositing of title deeds

D. None of these

Ans. D

154. Subrogation as defined in Section 92 of the Transfer of Property Act, 1882 can be:

A. Conventional

B. Legal

C. either A or B

D. neither A nor B

Ans. C

155. The basic ingredients of the doctrine of lis pendens are:

A. The suit should be collusive

B. Property should have been transferred or otherwise dealt with

C. A litigation should be pending in a court of competent jurisdiction

D. The suit must not be related to a specific immovable property

Ans. C

156. The doctrine of lis pendens:

A. Is applicable on both movable and immovable property

B. Is applicable on both partial and absolute transfers

C. Is applicable on both specified and unspecified properties

D. All of these

Ans. B

157. The English Law:

A. Recognises the concept of Universal Donee

B. Recognises the concept of Universal Succession

C. Both A and B

D. Neither A nor B

Ans. D

158. The English rule against perpetuities deals with:

A. Interests to arise in future

B. Interests in proesenti

C. Both A and B

D. Neither A nor B

Ans. C

159. The English rule that a grant should be construed most favourably to the sovereign:

A. Is applicable in India in its totality

B. Is not applicable in India

C. Partially applicable in all the cases in India

D. Partially applicable to some of the cases in India

Ans. B

160. The forfeiture under section 111(g) of the Transfer of Property Act, 1882 can________.

A. Not be waived off, except by express declaration of the same

B. Can be waived off by acceptance of rent becoming due after forfeiture, after the suit to eject lessee has been initiated

C. Can be waived off by accepting of rent becoming due after forfeiture, in case lessor is not aware that forfeiture has incurred

D. Can be waived off by accepting of rent becoming due after forfeiture, as long as lessor knows that forfeiture has incurred

Ans. d

161. The notice period for termination of lease for residential purpose is_______, in absence of contract or usage to the contrary.

A. Fifteen days

B. One month

C. Two months

D. Forty-Five days

Ans. A

162. The Privy Council in Mohammed Sher Khan v. Seth Swami Dayal has settled that:

A. Section 98 of the Transfer of Property Act, 1882 is subject to Section 60 of the Transfer of Property Act, 1882

B. Section 60 of the Transfer of Property Act, 1882 is subject to Section 98 of the Transfer of Property Act, 1882

C. Either A or B depending on the facts of the individual cases

D. Neither A nor B

Ans. A

163. The provisions of section 60A of the Transfer of Property Act, 1882 do not apply when_________.

A. The mortgagor is in possession of the property

B. The mortgagor has recovered possession of the property

C. The mortgagee has defaulted in receiving payment

D. The mortgagor has not defaulted in making payments

Ans. B

164. The rule against perpetuity as given in section 14 of the Transfer of Property Act 1882, applies to:

A. Immovable property

B. Movable property

C. Both A and B

D. Unconditionally to A, conditionally to B

Ans. C

165. Transfer of Spes Succession is:

A. Valid

B. Void

C. Voidable

D. Either A or B

Ans. B

166. Under the provisions of the Transfer of Property Act, 1882, if there are patent defects in the property:

A. The maxim of caveat emptor will apply

B. The maxim of uberrimae fidei will apply

C. Both A and B

D. Neither A nor B

Ans. A

167. Under the provisions of the Transfer of Property Act, 1882, the seller is duty bound to disclose:

A. Patent defects in the property

B. Latent defects in the property

C. Both A and B

D. Neither A nor B

Ans. B

168. Under the provisions of the Transfer of the Property Act, 1882, the benefits of a contract can be assigned as an actionable claims and transferred unless:

A. The contract is one which had been induced by personal qualifications or considerations as to the parties to it

B. The benefit is coupled with an obligation which the assignor is bound to discharge

C. Either A or B

D. Neither A nor B

Ans. C

169. Under the Transfer of Property Act, 1882, vested interest is_______.

A. Defeated by the death of the transferor

B. Defeated by the death of the transferee

C. Either or both A and B

D. Neither A nor B

Ans. D

170. What is the default interest payable under section 63 and 63 A of the Transfer of Property Act, 1882?

A. 8% per annum

B. 9% per annum

C. 10% per annum

D. Interest rate is not mentioned in the sections

Ans. B

171. Where the mortgage is illegal for want of registration but the mortgagee continues in possession of the mortgaged property, a valid mortgage comes in existence after the expiry of:

A. 5 years

B. 10 years

C. 12 years

D. 20 years

Ans. C

172. Which e following is the right of mortgager to redeem as conferred by the Transfer of Property Act, 1882?

A. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to any such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to the mortgagor

C. Either A or B

D. Neither A nor B

Ans. D

173. Which of the following are not valid consideration for establishing a lease:

A. Rent partly in money and partly in kind

B. A stipulation to pay government assessment or taxes payable by the lessor

C. A personal agreement by a tenant to pay a certain sum or a certain quantity in kind to the landlord

D. None of these

Ans. C

174. Which of the following are valid illustrations of an anamolous mortgage?

A. A possessory mortgage without a conditional sale

B. A possessory mortgage with a right to cause the mortgaged property to sale in the event of default in payment

C. Both A and B

D. Neither A nor B

Ans. B

175. A transfers property to B for life and after his death to C and D, equally to be divided between them or to the survivors of them. C dies during life of B. D survives B. At B’s death the property:

(a) shall pass to D

(b) shall pass to any person

(c) shall pass to person who is specifically named in transfer

(d) none of the above.

Ans. a

176. The provisions of conditional transfer is provided in the Transfer of Property Act, 1882:

(a) section 25

(b) section 26

(c) section 27

(d) section 29.

Ans. a

177. X transfers Rs.500 to Y on condition that he shall execute a certain lease within three months after Y’s death, and, if he should neglect to do so to Z. If Y dies in X’s life time:

(a) the disposition in favour of Z takes effect

(b) the disposition shall not take effect in favour of Z

(c) the disposition requires further conditions

(d) none of the above.

Ans. a

178. X marries to Y but in case she dies in his lifetime, he would transfer the property to Z. X and Y perish together, under circumstances which make it impossible to probe that she died before him. The disposition of property in favour of Z:

(a) does not take effect

(b) takes effect

(c) disposition is subject to another contract

(d) none of the above.

Ans. a

179. Under the provisions of section 29 of the Transfer of Property Act, 1882 an ulterior disposition of the kind contemplated in the provision of section 28 cannot take effect unless:

(a) condition is strictly fulfilled

(b) condition is not fulfilled

(c) only (b) is correct

(d) none of the above.

Ans. a

180. In case of transfer of property under the Transfer of Property Act, 1882, if the ulterior disposition is not valid then:

(a) the prior disposition is affected by it

(b) the prior disposition is not affected by it

(c) no such condition is prevailed under the Transfer of Property Act, 1882

(d) none of the above.

Ans. b

181. A transfer a garden to B for her life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. Decide the case in the light of Transfer of Property Act, 1882:

(a) B loses his life interest in the firm

(b) B does not lose his life interest in the firm

(c) no such provision is made under the Transfer of Property Act, 1882

(d) none of the above.

Ans. a

182. Under the provisions of section 35 of the Transfer of Property Act, 1882, where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property then:

(a) such owner must elect either to confirm such transfer or to dissent from it

(b) such owner can elect to confirm such transfer only

(c) such owner can dissent from transfer only

(d) none of the above.

Ans. a

183. The foundation of doctrine of election under the Transfer of Property Act, 1882 is that a person taking the benefit of an instrument:

(a) must bear the burden

(b) must not bear the burden

(c) burden is not the subject of election

(d) none of the above.

Ans. a

184. The rule of election under the Transfer of Property Act, 1882, as applied to Will is enacted in sections 180 and 192 of the:

(a) Indian Succession Act, 1925

(b) Indian Registration Act, 1908

(c) Sale of Goods Act, 1930

(d) General Clauses Act, 1897.

Ans. a

185. A person is not put to his election, unless he has a proprietary interest in the property disposed off in derogation of his rights. This is the subject matter under provisions of:

(a) section 35 of the Transfer of Property Act, 1882

(b) section 35 of the Indian Registration Act, 1908

(c) section 35 of the Indian Succession Act, 1925

(d) General Clauses Act, 1897.

Ans. a

186. Section 37 of the Transfer of Property Act, 1882 refers to apportionment by estate. In this light, before the Transfer of Property Act, 1882, when a transfer was severed by the sale of shares in the version the tenant was still obliged to pay the rent to all shares jointly:

(a) unless an apportionment had been agreed to by all the parties

(b) any party is agreed by all the parties

(c) any two parties are agreed

(d) none of the above.

Ans. a

187. In the Transfer of Property Act, 1882, sections 33 to 37 apply to both immovable and movable property whereas sections 38 to 53 apply to:

(a) movable property only

(b) immovable property

(c) both immovable and movable property

(d) none of the above.

Ans. b

188. Provisions of section 38 of the Transfer of Property Act, 1882 does not apply to cases falling under:

(a) benamidars or ostensible owners who can give no title except by estoppel

(b) contingent transfer which is based on happening and not happening of certain events

(c) perpetual transfer

(d) none of the above.

Ans. a

189. Section 38 of the Transfer of Property Act, 1882, has no application:

(a) to previous transfer where the transaction is still incomplete

(b) to succeeding transfer where the transaction is to be completed in future

(c) to perpetuity transfer

(d) none of the above.

Ans. a

190. Under section 39 of the Transfer of Property Act, 1882 the provision is made for transfer where the third person is entitled to maintenance. In this context the court held that right of maintenance, even of a Hindu widow, is an identified right which falls short of a charge. This was decided in case of:

(a) Ramanandan v. Rangammal, (1889) 12 Mad 260

(b) Ram Kumar v. Ram Dai, (1900) 22 All 326

(c) Rachawa v. Shivayogoda, (1893) 18 Bom 679

(d) none of the above.

Ans. a

191. Right to maintenance under the provisions of section 39 of the Transfer of Property Act, 1882 includes the enhanced maintenance in future to these if there has been a material change in the circumstances. This was decided in case of:

(a) Adiveppa v. Tengawzva, (1974) 2 Karn LJ 45

(b) Kaveri v. Parameswari, AIR 1971 Ker 216

(c) Dattatreya v. Julsabai, (1943) Bom 646

(d) Pranlal v. Chapsey, AIR 1945 Bom 34.

Ans. b

192. Within the provisions of section 39 of the Transfer of Property Act, 1882 the word “maintenance” covers also residence. This was decided in case of:

(a) Kaveri v. Parameswari, AIR 1971 Ker 216

(b) Ramamurthi v. Kanakaratnam, (1948) Mad 315

(c) Akhoy Kumar v. Corporation of Calcutta, (1915) 42 Cal 625

(d) Maina v. Bachchi, (1906) 26 All 655.

Ans. a

193. Within the meaning of provision under section 39 of the Transfer of Property Act, 1882 a woman is entitled to maintenance not only from the husband, but also from sons who are members of joint family. This was decided in case of:

(a) S. Periaswami v. Chellawal, (1980) 1 Mad LJ 46

(b) Raghvan v. Nagamal, (1979) 1 Mad LJ 172

(c) Chandramna v. Maniam Vankettareddy, AIR 1958 AP 396

(d) Basudev Dey Sarkar v. Chhaya Dey Sarkar, AIR 1991 Cal 399.

Ans. a

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

(a) court sale

(b) contingent sale

(c) perpetuity sale

(d) price less sale.

Ans. a

195. Under the provisions of section 41 of the Transfer of Property Act, 1882, these are some conditions:

(1) Transferer is the ostensible owner.

(2) He is so by the consent, express or implied, of the real owner.

(3) Transfer is for consideration.

(4) Transferee has acted in good faith, taking reasonable care to ascertain that the transferer had power to transfer.

(a) only (1) and (2) are required

(b) only (1), (2) and (3) are required

(c) only (3) and (4) are required

(d) all are required.

Ans. d

196. Possession of a manager cannot be treated as ostensible ownership with the consent of the real owner. This was held in case of:

(a) Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273

(b) Ved Kumar v. Union of India, AIR 1989 NOC 136

(c) Motimul Sowvar v. Vijalakshi Ammal, AIR 1965 Mad 432

(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.

Ans. a

197. Inaccuracy in the recitals describing the property:

(a) cannot whitle down the effect of clear recitals in the documents about the property to be sold thereby

(b) can whitle down the effect of clear recitals in the document about the property to be sold thereby

(c) cannot depend upon the inaccuracy or accuracy of recital describing property

(d) none of the above.

Ans. a

198. Under section 42 of the Transfer of Property Act, 1882 if a person has a right to transfer property, after exercising a right to revoke a previous transfer, a transfer of such property by him will imply an exercise of:

(a) right of revocation

(b) right of transfer

(c) right of surrender

(d) none of the above.

Ans. a

199. Section 43 of the Transfer of Property Act, 1882 enables a transferee to whom a transferer has made a fraudulent or erroneous representation to lay hold, at his option, of any interest:

(a) which the transferor may subsequently acquire with property, provided he does not adversely affect the right of any subsequent purchaser for value without notice

(b) which the transferee may rescind the proceeding

(c) which both transferor and transferee rescind

(d) none of the above.

Ans. a

200. In order to get the benefit of the section 43 of the Transfer of Property Act, 1882 some conditions are necessary:

(1) Contract of transfer was made by a person who was competent to contract.

(2) Contract would be subsisting at the time when a claim for recovery of the property is made.

(a) both (1) and (2) necessary

(b) only (1) is necessary

(c) only (2) is necessary.

(d) none of the above.

Ans. a

201. Section 44 of the Transfer of Property Act, 1882, deals with:

(a) transfer by two co-owner

(b) transfer by one co-owner

(c) transfer by 3 co-owners

(d) transfers by all co-owners.

Ans. b

202. When one of several co-owners transfers his share, the transferee acquires as against the other co-owners the same rights that of transferor had but is subject to any condition and liabilities affecting the share at the date of transfer. This is the provision under:

(a) section 40 of the Transfer of Property Act, 1882

(b) section 41 of the Transfer of Property Act, 1882

(c) section 42 of the Transfer of Property Act, 1882

(d) section 44 of the Transfer of Property Act, 1882.

Ans. d

203. The provision for the joint transfer for consideration is dealt in:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(c) section 46 of the Transfer of Property Act, 1882

(d) none of the above.

Ans. a

204. Presumption of equity pertains to:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(c) section 47 of the Transfer of Property Act, 1882

(d) section 48 of the Transfer of Property Act, 1882.

Ans. a

205. Under the provisions of the Transfer of Property Act, 1882, where immovable property is transferred for consideration by persons having distinct interests therein, the transferors are:

(a) entitled to share in the considerations equally

(b) entitled to share unequally

(c) entitled to share equally but subject to further

(d) none of the above.

Ans. a

206. Where several co-owners of immovable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transfers, the transfer, as among such transferors, takes effect on such share:

(a) inequally where the shares were equal and where they are unequal proportionally to the extent of such shares

(b) equally where the share were equal and where they are unequal proportionately to the extent of such shares

(c) only (a) is correct

(d) none of the above.

Ans. b

207. Which of the following statements will hold true regarding exchange under the Transfer of Property Act, 1882?

A. All the liabilities and responsibilities under normal sale apply to exchange

B. All the liabilities and responsibilities under normal sale apply to exchange, subject to provisions of section 119 and 121 of the Act

C. No liability and responsibility under normal sale will apply to exchange unless specifically stated

D. Liabilities and responsibilities under normal sale will not apply to exchange under any circumstances

Ans. B

208. Which of the following statements is true regarding the definition of rent of lease as given under the Transfer of Property Act, 1882?

A. The rent must be in form of money and not in kind

B. The rent can be in form of money or service but not in kind

C. The rent can be in money or in kind

D. The rent cannot be in form of money

Ans. C

209. Which of the following statements is true regarding transfer of actionable claims under the provisions of the Transfer of Property Act, 1882?

A. The transferee of an actionable claims steps into the shoes of the transferor for all purposes

B. The transfer of an actionable claim for the purpose of gift, can be done by delivery of the instrument and oral statement to the effect.

C. both A and b

D. neither A nor B

Ans. A

210. Which of the following statements is true under the provisions of the Transfer of Property Act, 1882?

A. Prepaid rent is regarded as rent

B. The foundation of the doctrine of election is that a person taking the benefit of an instrument need not bear the burden

C. Election is a breach of the general rule that no one may approbate and reprobate

D. The doctrine of election is based on intention to this extent that the law presumes that the author of an instrument intended to give effect to every part of it

Ans. D

211. Which of the following statements will apply in case a landlord in a suit for ejectment of tenant, obtains a decree for ejectment?

A. A notice would need to be given under section 106 of the Transfer of Property Act, 1882

B. A notice under section 106 of the Transfer of the Property Act, 1882 will be needed in case the lease is not terminable at will

C. A notice under section 106 of the Transfer of the Property Act, 1882 is not needed

D. A notice under section 106 of the Transfer of the Property Act, 1882 will be needed unless there is a contract to the contrary

Ans. C

212. Which of the following statements will hold true regarding exchange under the Transfer of Property Act, 1882?

A. All the liabilities and responsibilities under normal sale apply to exchange

B. All the liabilities and responsibilities under normal sale apply to exchange, subject to provisions of section 119 and 121 of the Act

C. No liability and responsibility under normal sale will apply to exchange unless specifically stated

D. Liabilities and responsibilities under normal sale will not apply to exchange under any circumstances

Ans. B

213. Which of the following transfers and conditions will be valid under the Transfer of Property Act, 1882?

A. A sells the property to B absolutely, with a direction that B cannot sell it without the permission of A

B. A makes a gift to B with a condition that in case B does not divorce his wife, the property will revert back to A

C. A gifts the property to his wife with a condition that his wife cannot sell without A’s permission

D. None of these

Ans. D

214. Which of the following is nearest to meaning of the phrase ‘English mortgaged’ as defined by the Transfer of Property Act, 1882?

A. Where on payment of certain sum by the mortgagee the property passes to him

B. Where there are two sales made, one at the start of mortgage with the condition that after the mortgage amount is paid back, the property will sold back

C. Where the mortgagee gets the possession of the property with the rights of profits, rents etc.

D. Where the mortgage is made by submitting the title deed

Ans. B

215. Which of the following is the right of mortgager to redeem as conferred by the Transfer of Property Act, 1882?

A. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to any such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to the mortgagor

C. either A or B

D. neither A nor B

Ans. D

216. An unequivocal and irrevocable settlement conferring enjoyment rights over the property in present and each getting a specific share in it upon the death of the settlor would create:

A. A contingent interest in favour of each of the beneficiary

B. A vested interest in favour of each of the beneficiary

C. Either A or B depending on the facts of the case

D. Neither A nor B, as it would be void

Ans: B

217. B gifts a piece of land to C, a gift deed is made and the possession of the gift deed and the property is transferred to C. C delays the registration of the deed and in the meantime B dies. The heirs of B:

A. Can claim the piece of land as valid gift has not been made

B. Cannot claim the piece of land as valid gift has been made

C. Cannot claim the piece of land, if C gets the deed registered before the heirs make a claim

D. Can claim the piece of land, unless C transfers the same to someone else

Ans: B

218. B gifts a share of business to A on the condition that in case B does not like the future daughter-in-law of B, the property will revert back to B. Which of the following statements will apply?

A. The gift and condition and valid

B. The gift is absolute, condition is invalid and discarded

C. The gift is void in totality

D. The gift is valid in case B’s son choose not to marry

Ans: C

219. B leases out commercial property to A for the purpose of starting a hostel for working girls. The lease is for ten years. In the fifth year of the lease, A further leases the whole property to C for four years. After the expiry of ten years, the C remains in the possession of the property and continues to pay the rent to B. Which of the following statements will apply?

A. C is in illegal possession of the property

B. The lease will continue between B and C from year to year basis

C. The lease will continue between B and C from month to month basis

D. The lease has expired, but C can continue enjoying the premises unless B evicts him

Ans: C

220. B makes a gift deed in favour of A. The gift deed contains transfer of three houses unburdened by obligations, two houses which are mortgaged with C, two cars under the hire purchase agreement and three horses, one of which is lame. Which of the following statements will apply?

A. A can accept the whole gift, he has an option to accepting or not accepting the lame horse

B. A must accept the whole gift or refuse the same

C. A can choose to take gift of three houses and avoid all the rest

D. A has a choice to take over movable property and avoid immovable property

Ans: B

211. B makes a gift of residential house comprising of three distinct units, one each to D, E and F. E refuses the gift. Which of the following statements will apply?

A. One unit will default back to B

B. The house will be divided equally between D and F

C. E will continue to own one unit

D. None of these

Ans: A

212. B mortgaged three houses to A for the amount of? 76,000 plus interest at the rate of 11 % on the amount unpaid. In due course of time B sold one of the houses to C for Rs.55,000. Later on, B defaults in payment. On the date of default the amount due to A including interest was Rs.1,18,994 and the value of the houses not sold to C being Rs.3,11,222. Which of the following statements will apply?

A. C is liable for the mortgage debt of B, and A can make a claim against the property of C for the same

B. The sale to c is void

C. The sale to C is voidable at A’s option

D. The sale is binding and the house purchased by C is not liable to be attached by A for the amount due

Ans: D

213. B mortgages a one story house to A. The mortgage is in form of usufructuary mortgage. During the duration of mortgage, A without the permission of B, constructs two more floors, and rented them out. At the time of redemption of the property which of the following statement will apply?

A. A is entitled to set out the rent received on the two floors constructed by him, against the amount spent for construction

B. A is entitled to recover the cost of additional construction from B

C. A in entitled to recover the cost of additional construction from B, or in case of default to destroy the construction done by him

D. None of these

Ans: D

214. B transfers some property to C with a condition that in case A marries during B’s lifetime the property will go to B. A marries during B’s life. Which of the following statements will apply?

A. The transfer to C is void and property reverts back to B

B. The transfer and condition are valid, and the property will transfer to A

C. The transfer is valid, but condition is invalid property remains with C

D. The transfer is voidable at C’s option

Ans: B

215. An unequivocal and irrevocable settlement conferring enjoyment rights over the property in present and each getting a specific share in it upon the death of the settlor would create:

A. A contingent interest in favour of each of the beneficiary

B. A vested interest in favour of each of the beneficiary

C. either A or B depending on the facts of the case

D. neither A nor B, as it would be void

Ans. (B)

216. B gifts a piece of land to C, a gift deed is made and the possession of the gift deed and the property is transferred to C. C delays the registration of the deed and in the meantime B dies. The heirs of B:

A. Can claim the piece of land as valid gift has not been made

B. Cannot claim the piece of land as valid gift has been made

C. Cannot claim the piece of land, if C gets the deed registered before the heirs make a claim

D. Can claim the piece of land, unless C transfers the same to someone else

Ans. (B)

217. B gifts a share of business to A on the condition that in case B does not like the future daughter-in-law of B, the property will revert back to B. Which of the following statements will apply?

A. The gift and condition and valid

B. The gift is absolute, condition is invalid and discarded

C. The gift is void in totality

D. The gift is valid in case B’s son choose not to marry

Ans. (C)

218. B leases out commercial property to A for the purpose of starting a hostel for working girls. The lease is for ten years. In the fifth year of the lease, A further leases the whole property to C for four years. After the expiry of ten years, the C remains in the possession of the property and continues to pay the rent to B. Which of the following statements will apply?

A. C is in illegal possession of the property

B. The lease will continue between B and C from year to year basis

C. The lease will continue between B and C from month to month basis

D. The lease has expired, but C can continue enjoying the premises unless B evicts him

Ans. (C)

219. B makes a gift deed in favour of A. The gift deed contains transfer of three houses unburdened by obligations, two houses which are mortgaged with C, two cars under the hire purchase agreement and three horses, one of which is lame. Which of the following statements will apply?

A. A can accept the whole gift, he has an option to accepting or not accepting the lame horse

B. A must accept the whole gift or refuse the same

C. A can choose to take gift of three houses and avoid all the rest

D. A has a choice to take over movable property and avoid immovable property

Ans. (B)

220. B makes a gift of residential house comprising of three distinct units, one each to D, E and F. E refuses the gift. Which of the following statements will apply?

A. One unit will default back to B

B. The house will be divided equally between D and F

C. E will continue to own one unit

D. None of these

Ans. (A)

221. B mortgaged three houses to A for the amount of Rs.76,000 plus interest at the rate of 11% on the amount unpaid. In due course of time B sold one of the houses to C for Rs.55,000. Later on, B defaults in payment. On the date of default the amount due to A including interest was Rs.1,18,994 and the value of the houses not sold to C being Rs.3,11,222. Which of the following statements will apply?

A. C is liable for the mortgage debt of B, and A can make a claim against the property of C for the same

B. The sale to c is void

C. The sale to C is voidable at A’s option

D. The sale is binding and the house purchased by C is not liable to be attached by A for the amount due

Ans. (D)

222. B mortgages a one story house to A. The mortgage is in form of usufructuary mortgage. During the duration of mortgage, A without the permission of B, constructs two more floors, and rented them out. At the time of redemption of the property which of the following statement will apply?

A. A is entitled to set out the rent received on the two floors constructed by him, against the amount spent for construction

B. A is entitled to recover the cost of additional construction from B

C. A in entitled to recover the cost of additional construction from B, or in case of default to destroy the construction done by him

D. None of these

Ans. (D)

223. B transfers some property to C with a condition that in case A marries during B’s lifetime the property will go to B. A marries during B’s life. Which of the following statements will apply?

A. The transfer to C is void and property reverts back to B

B. The transfer and condition are valid, and the property will transfer to A

C. The transfer is valid, but condition is invalid property remains with C

D. The transfer is voidable at C’s option

Ans. (B)

224. Under the Transfer of Property Act, 1882:

(a) a public office cannot be transferred

(b) a public office can be transferred

(c) such provision is absent in the Act

(d) none of the above.

Ans. (a)

225. Under the provisions of section 6 of the Transfer of Property Act, 1882, no transfer can be made for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872:

(a) the statement is false

(b) the statement is true

(c) the statement is partly true

(d) none of the above.

Ans. (b)

226. Under the provisions of section 7 of the Transfer of Property Act, 1882, the competent person to transfer means:

I. Every person competent to contract only;

II. Every person entitled to transferable property or authorised to dispose of transferable property.

(a) only (I) is correct

(b) both (I) and (II) are correct

(c) (II) is correct

(d) neither is correct.

Ans. (b)

227. The term “transfer” under the Transfer of Property Act, 1882, refers to:

(a) partly or whole transfer

(b) absolute or conditional transfer

(c) contingent transfer

(d) both (a) and (b) are correct.

Ans. (a)

228. Under section 8 of the Transfer of Property Act, 1882 the legal incidents also includes:

(a) machinery attached to earth and the moveable parts thereof

(b) only machinery attached to earth

(c) only moveable parts of the machinery attached to earth

(d) none of the above.

Ans. (a)

229. Under the provisions of section 9 of the Transfer of Property Act, 1882 the transfer includes:

(a) also oral transfer

(b) written transfer only

(c) only (a) is correct

(d) only (b) is correct.

Ans. (a)

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

(a) a transfer of properties may be made without writing in every case

(b) a transfer of property is subject to only writing

(c) no provision of oral transfer is made

(d) none of the above.

Ans. (a)

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

(a) section 10

(b) section 9

(c) section 8

(d) section 7.

Ans. (a)

232. Where in a Transfer of Property, an interest is created absolutely in favour of any person though the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular member:

(a) he shall be entitled to receive and dispose of such interest as if there were no such direction

(b) he shall not be entitled to interest

(c) he shall be entitled to interest subject to terms and conditions

(d) none of the above.

Ans. (a)

233. Under section 12 of the Transfer of Property Act, 1882 where the transfer of property is subject to conditions or limitations making interest therein to the benefit of person to lease on his becoming involved or endeavouring to transfer or dispose of property, such condition is:

(a) valid

(b) void

(c) partly void

(d) none of the above.

Ans. (b)

234. Provisions of section 12 of the Transfer of Property Act, 1882:

(a) does not apply to lease condition in the benefit of the lessor

(b) does apply to a condition in a lease for the benefit of lessor

(c) no such condition is made under such provision

(d) none of the above.

Ans. (a)

235. The rules against the perpetuity are provided in section ……..of the Transfer of Property Act, 1882:

(a) 14

(b) 15

(c) 16

(d) 17.

Ans. (a)

236. No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer. These provisions come under:

(a) rules against retrospective transfer only

(b) rules against perpetuity

(c) rules against prospective transfer

(d) none of the above.

Ans. (b)

237. Under section 16 of the Transfer of Property Act, 1882 where an interest created for the benefit of a person or class of persons fails then:

(a) any interest created in the same transaction intended to take effect after or upon failure of such prior interest also fails

(b) any interest created in the same transaction and intended to take effect after or upon failure of such prior interest does not fail

(c) such failure does not affect

(d) none of the above.

Ans. (a)

238. Provision of longer period in the matter of accumulation of property under section 17 of the Transfer of Property Act, 1882 amounts to:

(a) 18 years

(b) 20 years

(c) 22 years

(d) 25 years.

Ans. (a)

239. Under the provisions of section 17 of the Transfer of Property Act, 1882, the income arising from the property shall be accumulated either wholly or in part during a period:

(a) longer than life of the transferor

(b) shorter than life of transferor

(c) no such period is mentioned

(d) none of the above.

Ans. (a)

240. Under the provisions of section 18 of the Transfer of Property Act, 1882, the provisions of some sections shall not apply in case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety or any other object beneficial to mankind. These sections are:

(a) 13, 14, 15 and 16

(b) 14, 16 and 17

(c) 14, 16, 17 and 18

(d) 14, 15 and 20.

Ans. (b)

241. The provision of vested interest is provided in:

(a) section 18 of the Transfer of Property Act/ 1882

(b) section 19 of the Transfer of Property Act, 1882

(c) section 20 of the Transfer of Property Act, 1882

(d) section 21 of the Transfer of Property Act, 1882.

Ans. (b)

242. According to the provisions of section 19 of the Transfer of Property Act, 1882:

(a) the vested interest is not defeated by the death of the transferee before he obtains possession

(b) vested interest is defeated by the death of transferee before he obtains possession

(c) no such provision is made

(d) none of the above.

Ans. (a)

243. Under the provisions of the Transfer of Property Act, 1882, the unborn person acquires vested interest on transfer for his benefit:

(a) upon his birth

(b) 7 days after his birth

(c) 12 days after his birth

(d) no such provision is made in the Act.

Ans. (a)

244. Under the provisions of the Transfer of Property Act, 1882 an unborn person acquires vested interest on transfer upon his birth, although:

(a) he may not be entitled to the enjoyment immediately on his birth

(b) he is entitled after 7 days after his birth

(c) no such provision is made

(d) none of the above.

Ans. (a)

245. In the context of contingent interest in case of happening of a uncertain event or if a specified uncertain event shall not happen, such person acquires a contingent interest in the property. Such interest:

(a) becomes vested interest in the former case, on the happening of the event, in the later, when the happening of event becomes impossible

(b) does not become vested interest

(c) vested interest does not depend upon happening or not happening of event

(d) none of the above.

Ans. (a)

246. The provision of contingent interest is provided in:

(a) section 20 of the Transfer of Property Act, 1882

(b) section 21 of the Transfer of Property Act, 1882

(c) section 22 of the Transfer of Property Act, 1882

(d) section 23 of the Transfer of Property Act, 1882.

Ans. (b)

247. Where interest on transfer of property is created in favour of members only of a class as shall attain a particular age:

(a) such interest does not vest in any member of the class who has not attained that age

(b) such interest vests in any member irrespective of class who has not attained that age

(c) no such provision is made under the Act

(d) none of the above.

Ans. (a)


References and Sources

  • https://bit.ly/3yDqWgo
  • https://bit.ly/3bKtqRn
  • https://bit.ly/3P1i8qj

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