Transfer of Property and Easement Act: Question Paper, Dec 2019

Q1. Answer in one or two sentences               [20 marks]

a) What is Constructive Notice ?
b) Define “Licence” under Indian Easement Act, 1882.
c) What is Immovable Property ?
d) What is meant by “Mesne profits” ?
e) Define “Oral Transfer”.
f) What is Part Performance ?
g) When can a Gift be revoked ?
h) Define Exchange.
i) What is Lis Pendens ?
j) Who may impose easement ?

Q2. Write short Notes on any Four                  [20 marks]

a) Fraudulent transfer
b) Easement of necessity
c) Universal Donee
d) Rights of a Mortgagor
e) Redemption
f) Revocation of Gift

Q3. Solve any two                                                  [12 marks]

a) X transfer his property to A for 20 years, then to B for 10 years, then to C for 5 years, and finally to A’s unborn son without power of alienation.
i) What right does the unborn son of A have in the property of X ?
ii) What interest do A, B and C have in the property ?

b) A takes a loan of Rs. 10 lacs from B under a mortgage by conditional sale. A fails to pay the amount to B.
i) Can B file a suit to sell mortgages property ?
ii) Does B have a right of foreclosure ?

c) A and B have a daughter C, C release her right of inheritance in A’s property in favour of B for consideration. Thereafter A dies.
i) Can B resist C’s is to her share in A’s property ? Why ?
ii) Explain the principle involved.

Q4. Answer any four:                                           [48 marks]

a) What is an “Easement” ? What are the different types of Easements under the Indian Easement Act, 1882 ?
b) What is the Doctrine of “part performance” ? What conditions must be satisfied before the doctrine of part performance can be applied ?
c) What is Redemption ? Who can redeem a mortgage besides the Mortgagor ?
d) Explain the “Doctrine of election”.
e) What are the essentials of a valid lease ? Discuss rights and liabilities of Lesser and Lessee ?
f) Who is an ostensible owner ? What are the requirements of transfer by an ostensible owner ?

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