TRANSFER OF PROPERTY ACT M.

M-40
SECTION 38-84 TIME-35 MINS

1. 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.

2. 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.

3. Right to maintenance under the provisions of section 39 of the Transfer of

Property Act, 199 includes the enhanced maintenance in futures these if there has
been a material change in the circumstances. This was decided in case of:

(a) Adiveppa v Tengawwa, (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

4. 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 transferor as against purchase from a transferee to restrain the breach of a
negative covenant
(b) negative right of transferor as against purchaser from a transferee to restrain the
breach of a negative covenant

(c) mixed right of both purchaser and transferor

(d) none of the above

5. Ram Coomar Kundoo v. Mc Queen (1872) is related to-

(a) Lis pendens

(b) Ostensible owner

(c) Part performance

(d) Mortgage

6. Principle laid down by the Privy Council as to the constructive notice of the real
title as provided in section 41 was re-affirmed by the Supreme Court in:-

(a) Syed Abdul Khader v. Rami Reddy

(b) Chunchun Jha v. Ebdaat Ali

(c) Jumma Masajid, Mercaraa v. Kodimaniandra Deviah

(d) Ram Baran Prasad v. Ram Mohit Hazra

7. Which one of the following is not an essential condition of section 43 of the

Transfer of Property Act, 1882

(a) The representation must necessarily be fraudulent

(b) The transferor makes a representation that he is competent to transfer

(c) Transfer is of immovable property

(d) Transfer is for consideration

8. The principle of estoppel enunciated is Section 115 of the Indian Evidence Act,
finds its expression in these sections of the Transfer of Property Act:

(a) Section 35 and Section 53-A

(b) Section 41 and Section 43

(c) Section 35 and Section 43

(d) Section 35, Section 43 and Section 60

9. Under section 52 of the Transfer of Property Act, 1882 the transferee will be
bound by the result of the suit

(a) If he has knowledge of the litigation

(b) If he had no knowledge of the litigation even made bona fide enquiry

(c) If he has paid adequate consideration for the purchase

(d) Whether the transferee has knowledge or not as to the litigation

10. The doctrine of "lis pendens" is explained in famous case of:-

(a) Bellamy v. Sabine

(b) Mussahur Sahu v. Hakim Lal

(c) Muhammad Shafi v. Muhmmd Sayed

(d) Tulk v. Moxhay

11. Prabodh Kumar Das v. Dantamara Tea Co. Ltd. case is related with the following
doctrine:-

(a) Doctrine of Election

(b) Doctrine of Lis Pendens

(c) Doctrine of Part-Performance

(d) Doctrine of Priority

12. A' transfers his property to 'B' by mortgage with the condition that for ten years
'B' will take the mortgage money from the income of the prop-erty and thereafter
'A' shall redeem the property by making the payment of remaining amount. This
mortgage is
(a) Mortgage by conditional sale

(b) Anomalous mortgage

(c) Simple mortgage

(d) English mortgage

13. A mortgagor who has executed two or more mort-gages in favour of the same
mortgagee, in absence of a contract to the contrary-

(a) Is bound to redeem all such mortgages together

(b) Is not entitled to redeem any one such mortgage separately

(c) Is bound to redeem at least two such mortgages together

(d) Be entitled to redeem any one such mortgage separately, or any two or more of such
mortgages together

14. Which of the following section/sections deals/deal with accession to mortgaged

property?

(a) Section 63

(b) Section 70

(c) Section 63 and Section 70 both

(d) Section 63A

15. In which of the section of Transfer of Property Act, the 'Doctrine of

Consolidation' is incorporated?

(a) Section 60

(b) Section 61

(c) Section 62

(d) Section 63
16. The principle "Once a mortgage always a mort-gage", a principle based on
equity, justice and good conscience, was for the first time evolved in:-

(a) Harris v. Harris

(b) Noakes v. Rice

(c) Seth Ganga Dhar v. Shankarlal

(d) Reeve v. Lisle

17. Right of redemption can be exercised

(a) only by paying the mortgage money to the mortgagee.

(b) only by depositing the mortgage money in court.

(c) only by a regular suit for redemption.

(d) All of these

18. The case of Arif v. Jadunath is related to which of the following?

(a) Apportionment

(b) Fraudulent transfer

(c) Part performance

(d) None of these

19. 'A' in lieu of debt from 'B' handovers the possession of his house to 'B' with a
covenant to transfer of property in favour of 'B', but with provision for re-transfer
in case of repayment of debt. This type of mortgage is known as:-

(a) Equitable mortgage

(b) English mortgage

(c) Usufructuary mortgage

(d) Mortgage by conditional sale

20. 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.

21. Section 63 of the Transfer of Property Act, 1882, deals with some of accession:

(1) Natural accessions

(2) Acquired accessions which are separable

(3) Acquired accessions which are inseparable

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

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

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

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

22. 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.

23. Within the meaning of section 63A of the Transfer of Property Act, 1882, it is
evident that this section lays down a uniform rule, and provides that the mortgagor
is liable to pay the cost of improvements only if they are:
(1) necessary to preserve the property from destruction or deterioration or

(2) necessary to prevent the security from becoming inadequate, or

(3) done under the order of public authority such as a municipality.

(a) all are equally relevant

(b) only (1) is relevant

(c) only (2) is relevant

(d) either one is relevant.

24. When a mortgagor dies, his heir is liable to pay the public charges viz.
Government revenue and municipal taxes. The statement is:

(a) true within the meaning of section 65 of the Transfer of Property Act, 1882

(b) false within the meaning of section 65 of the Transfer of Property Act, 1882

(c) partly true within the meaning of section 65 of the Transfer of Property Act, 1882

(d) none of the above

25. If a decree for redemption is made, a suit for foreclosure or sale would be
barred, especially as a redemption decree itself provides for sale or foreclosure in
default of payment.

(a) statement refers to provision 67 of the Transfer of Property Act, 1882

(b) statement refers to provision 68 of the Transfer of Property Act, 1882

(c) statement refers to provision 69 of the Transfer of Property Act, 1882

(d) none of the above.

26. Tangible immovable property of value of this amount or upward, can be

transferred only by a registered instrument: -

(a) Rs. 100

(c) Rs. 25
(b) Rs. 50

(d) Rs. 90

27. Assertion (A): The mortgagor is entitled to all accessions made to the
mortgaged property during the continuance of the mortgage, even if they were
made at the expense of the mortgagee.

Reason (R): When an accession is made at the mortgagee’s expense and is

inseparable from the principal property, the mortgagor must pay the proper cost
thereof as an addition to the principal amount at the contract rate of interest or, if
none, at 9% per annum.

(a) Both A and R are true, and R is the correct explanation of A

(b) Both A and R are true, but R is not the correct explanation of A

(c) A is true, but R is false

(d) A is false, but R is true

28. In which of the following sections of the Transfer of Property Act doctrine of
marshalling has been provided: -

(a) Sections 56 and 81

(b) Section 81

(c) Section 81 and 82

(d) Section 85

29. Under Article 63(a) of the Limitation Act, 1963, provides a period of years from
due date for suits by a mortgagee for disclosure.

(a) 30 years

(b) 24 years

(c) 12 years

(d) 7 years
30. 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.

31. When the mortgagee or, if there are several mortgagees, all the mortgagees,
acquire by purchase or inheritance or otherwise, a share of the equity of
redemption, the mortgage is extinguished pro tanto, and they may recover the
balance of the debt against the residue of the property. This was decided in case
of:

(a) Arunachalam Chetty v Ramaswamy, 1928 Mad WN 518

(b) Bisheshar Dial v Ram Sarup, (1900) 22 All 284

(c) Narain Rao v Mt. Chotebai, 1937 Nag 503

(d) none of the above

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

(1) Transferor 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
transferor 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.

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

(a) transfer by two co-owners

(b) transfer by one co-owner

(c) transfer by 3 co-owners

(d) transfers by all co-owners

34. 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 1991 Kant 273 Sayed Abdul Rashid, AIR

(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

35. 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

36. A trespasser 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

37. 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

38. Section 51 of the Transfer of Property Act, 1882, does not apply to which of the
following:

(a) court sale

(b) auction sale

(c) bid

(d) none of the above

39. Section 55(1)(a) of the Transfer of Property Act, 1882 is similar to:

(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

40. The Supreme Court held that the act of taking illegal possession of propertyor
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 Santa Singh and ors AIR 1973 SC 2537
 TPA
SECTION 38-84
ANSWER KEY

1 A 11 C 21 D 31 B

2 A 12 B 22 B 32 D

3 B 13 D 23 D 33 B

4 A 14 C 24 A 34 A

5 B 15 B 25 A 35 A

6 C 16 B 26 A 36 A

7 A 17 D 27 D 37 A

8 B 18 C 28 A 38 A

9 D 19 B 29 A 39 A

10 A 20 A 30 C 40 D