JUDEX TUTORIALS
Transfer of Property Act
Time – 3 hours
Total Marks – 100
Answer any one question from each group
Marks has been indicated against each question.
Group A
1. A) Define “vested interest” and “contingent interest”. Explain, citing illustrations, the difference
between a vested interest and a contingent interest. 10
B) ‘The rule against perpetuity is founded on the general principle or policy that the liberty of
alienation shall not be exercised to its own destruction’. Discuss. 10
2. A) A owns land X which spreads over 100 acres. B wants to purchase the airspace over the said
land for a sum of Rs. 50 lakhs. B contends that the airspace over the land X is within the
definition of immovable property and thus there should be no problem in the transaction.
Assess the contention of B and the legality of the transaction. 10
B) Lis Pendens is a well established principle of transfer of property foundation of which does
not vest upon notice, actual or constructive. It rests solely upon the necessity.” Explain the
statement with the help of leading case of Bellamy v Sabine and other relevant case law. 10
Group B
3. A) Discuss the following : 10
I) Spes Successionis
II) Restraint on alienation
B) What is the rule against accumulation? What exceptions of the rule against accumulation. 10
4. A) Write a note on ‘Profit a pendre’. (10)
B) Distinguish between sale and exchange. 10
Group-C
5. A) Describe the kinds of Mortgage and what is the difference between a Mortgage and Charge?
10
B) Though the Transfer of Property Act deals with ‘Transfer inter vivos’ yet an interest may be
created in favor of an unborn person. Discuss. 10
6. A) “The foundation of the Doctrine of Election is that no one can blow hot and cold at the same
time. “ Comment upon this Statement with appropriate illustrations. 10
B) The general rule is that property of any kind may be transferred. Are there any exceptions to
this rule? 10
Group-D
7. A) Distinguish between Actual and Constructive notice. 10
B) Write a note on doctrine of holding out. 10
8. A) Distinguish between Lease and License. 10
B) Write a note on actionable claim. 10
Group – E
9. A) What are the rights and liabilities of a lessor and a lessee? 10
B) Who is a universal donee and what is the extent of his liability? 10
10. A) Under what circumstances a lease determines? 10
B) Explain the maxim ‘once a mortgage always a mortgage’. 10
