Q. 1. Explain the doctrine of contribution.

Ans.:- Contribution means providing money for the common fund. The doctrine of
contribution is predicated on the principle of equity. If several properties belonging to many
persons are mortgaged to secure a debt because of taking of a loan, the law says that every
property should contribute towards the debt in proportion to its value.
Q. 2. State the rule related to consideration in a lease agreement as given in the definition
Lease.
Ans.:- Consideration- There must be a form of consideration involved in the contract. Without
a consideration it would not be a valid lease rather it would be treated as a gift. The
consideration is usually in the form of premium plus rent but sometimes it can be premium
alone or rent alone.
Q. 3. State the rule relating to notice of transfer of actionable claim.
Ans.:- It states that:
i) The notice of transfer of the actionable claim has to be made in writing.
ii) It must be signed by the transferor or his agent authorised on his behalf.
iii) However, if the transferor refuses to sign it, then, in that case, it must be signed by the
transferee of actionable claim or his duly authorised agent.
Q. 4. What is meant by accession to mortgaged property and who has right over it?
Ans.:- Accession to mortgaged property refers to any increase or addition that occurs to the
property while it is under mortgage. Let’s break it down:
1. Mortgagor: The mortgagor is the person who transfers an interest in a specific
immovable property to secure a loan or debt. For example, if A wants a loan from B, A
will transfer the interest in a property to B as collateral. A is the mortgagor.
2. Mortgagee: The mortgagee is the lender or the person in whose favor the interest is
being transferred. In our example, B, who is lending money, is the mortgagee.
3. Mortgage: It is the transfer of an interest in a specific immovable property to secure:
o The payment of money given as a loan.
o An existing or future debt.
o The performance of an engagement that may lead to a pecuniary liability.
4. Rights and Liabilities:
o Accession: If the mortgaged property, while in possession of the
mortgagee, receives any addition or improvement (such as construction,
growth, or enhancement), the mortgagor, upon redemption, is entitled to that
accession. This right exists unless there is a contract stating otherwise.
o Redemption: When the mortgagor repays the loan or fulfills the mortgage
conditions, they can reclaim the property. During this process, any accession to
the property becomes part of what the mortgagor is entitled to.

In summary, the mortgagor has the right to any accession that occurs during the mortgage
period, unless there is a specific agreement stating otherwise.

Q. 5. State three methods of acquisition of an easement?

Ans.:- There are several methods by which easements may be acquired. They are:
1. Express grant:- When there’s a written agreement between landowners, granting or
reserving an easement. /// The most straightforward way to create an easement is
through an express grant. This involves a written agreement between landowners,
either granting or reserving an easement. The agreement must be in writing, signed by
both parties, and recorded with the property deeds. An express easement can also be
created when a property owner conveys land to another while saving or reserving an
easement in it (known as an “easement by reservation”).
2. Implied grant:- Easement rights understood due to historical practices or land use.
/// Even without a formal document, an easement right may still be understood or
implied. For instance, if a property has been used in a certain way for an extended
period, an implied easement may arise based on the historical use.
3. Presumed grant:- In some cases, a presumed easement may be established. For
example, in England, it is presumed that certain easements exist for the benefit of
neighboring properties, such as the right to light or drainage. /// Certain easements are
presumed to exist for neighboring properties. /// In England, there is a legal presumption
that certain types of easements exist, such as the right to light or air. These are presumed
to be granted unless proven otherwise.
4. Acquisition by prescription:- Easements can be acquired through prescription,
which involves continuous, adverse use of another’s land over a specified period. If
someone openly uses another’s land for a long time (as per legal requirements), they
may gain an easement by prescription.
5. Customary easement:- Customary easements arise from local customs or
practices. These unwritten rights may be recognized by law if they have been
consistently followed in a specific area.
6. Transfer of dominant heritage:- When a property with an existing easement is sold
or transferred, the easement rights transfer along with it. The new owner becomes the
beneficiary of the easement.
7. Imputed grant:-
8. Statute:- Some easements are created by specific statutes or laws. For example, utility
easements for power lines or water pipelines may be established by legislation.
Q. 6. Explain the doctrine of feeding the grant by estoppel.
Ans.:- The doctrine of feeding the grant by estoppel is a legal concept that compels a person
to perform a transfer when it becomes possible. Let’s break it down:
1. Initial Representation: Suppose someone fraudulently or erroneously represents that
they are authorized to transfer certain immovable property. They then proceed to
transfer this property for consideration.
2. Subsequent Acquisition of Interest: Later on, the same person actually acquires a
valid interest in the property they initially misrepresented. This could happen due to
inheritance, purchase, or any other means.
3. Transferee’s Option: At this point, the transferee (the person who received the
property) has an option. They can choose whether to enforce the transfer based on the
newly acquired interest of the transferor.
 1. Application of the Doctrine: If the transferee decides to proceed, the transfer will
operate on the interest that the transferor acquired after the initial transaction. In other
words, the transferee can hold the transferor to their original promise.
2. Exceptions: However, if the transferee was unaware of the transferor’s
misrepresentation (acted in good faith without notice), their rights won’t be affected by
this doctrine.
Here’s an example to illustrate:

• A Hindu individual, A, sells three fields (X, Y, and Z) to C, claiming to be authorized

to do so. However, Z doesn’t actually belong to A; it was retained by A’s father B
during a partition. After B’s death, A inherits Z. Despite this, C can still demand that A
deliver Z to them because of the doctrine of feeding the grant by estoppel.

Remember, this doctrine applies when the transferor initially lacked the capacity to transfer the
property but misled the other party into believing otherwise. It’s a fascinating legal twist that
navigates misrepresentations and subsequent changes in ownership.

Q. 7. What is the meaning of `transfer' in the Transfer of Property Act,1882?

Ans.:- In the Transfer of Property Act, 1882, the term “transfer of property” is defined
in Section 5. According to this section, transfer of property refers to an act by which a living
person conveys property, either in the present or for the future, to one or more other living
persons or to themselves and other living persons. Essentially, it encompasses any action that
results in the transfer of ownership or rights related to property from one party to another. This
legal framework governs the transfer of both movable and immovable property, ensuring clarity
and fairness in property transactions.
Q. 8. What are restrictive covenants?
Ans.:- A restrictive covenant is a promise included in a legal agreement that prevents one
party from taking a specific action. When a party enters into a restrictive covenant, they agree
to refrain from doing something or from using a property in a certain way that is restricted by
the contract1. These covenants are often used in real estate transactions to regulate how a
property can be used or developed.
In the context of the Transfer of Property Act, 1882, which governs property transfers in
India, restrictive covenants play a significant role. Let’s explore the basics:
1. Transfer of Property: The Act defines how property can be transferred among
individuals. It covers both movable and immovable property, as well as intangible
assets like tenancy and copyrights. A living person can convey property to others,
subject to certain conditions.
2. Competence to Transfer: Section 7 of the Act specifies who is competent to transfer
property. This includes any person who can contract under the Indian Contract Act,
1872, as well as those authorized to dispose of transferable property. The transferee can
be any living person, including companies or associations.
3. Types of Restraints:
1. Absolute Restraints: These are void. If conditions impose absolute restrictions
on transfer, the purpose of the Transfer of Property Act would be defeated.
2. Partial Restraints: These allow for limited restrictions on property transfer.
4. Exceptions to Restraints:
 1. Lease: Leases may have specific conditions regarding transfer.
2. Married Woman: Certain restrictions apply to property owned by married
women.
3. Repugnant Conditions: Conditions contrary to public policy are not
enforceable.
4. Section 11 Exception: Some positive and negative conditions are allowed
under Section 11 of the Act.
5. Difference Between Sections 10 and 11: Section 10 deals with absolute
restraints, while Section 11 addresses partial restraints.
6. Condition of Insolvency: Specific rules apply when dealing with insolvent
parties.

In summary, restrictive covenants serve to regulate property transfers, balancing individual

rights with legal constraints.

Q. 9. What does the expression `Attached to the Earth' mean in the Transfer of Property
Act, 1882?

Ans.:- "immovable property" includes land, buildings, hereditary allowances, rights to ways,
lights, ferries, fisheries or any other benefit to arise out of the land, and things attached to the
earth or permanently fastened to anything which is attached to the earth, but not standing
timber, growing crops nor grass.

Q. 10. What is meant by clog on the right to redemption?

Ans.:- The doctrine of a clog on redemption refers to a legal principle related to mortgages.
Let me break it down for you:
1. Right of Redemption: When a property owner mortgages their property, they retain
the right to reclaim it by paying off the mortgage debt. This right is known as the right
of redemption and is rooted in principles of equity.
2. Clog on Redemption: Anything that obstructs or hinders the mortgagor’s right to
redeem their property is considered a clog on the right to redemption. In other words,
any provision or act that prevents the mortgagor from exercising their right to reclaim
the property upon repayment of the loan is void.
3. Equitable Right to Redeem: The mortgagor’s right to redeem the property is provided
under Section 60 of the Transfer of Property Act, 1882. This statutory right ensures
that the mortgagor can regain ownership once the loan is repaid.
4. Invalidating Clogs: Courts uphold the principle that once a mortgage exists, it remains
a mortgage. Therefore, any covenant or clause that modifies the character of the
mortgage and restricts the mortgagor’s redemption rights is considered invalid. The
doctrine of a clog on redemption is grounded in justice, equity, and good conscience.
Remember, the party providing the loan (the mortgagee) often holds a dominant position, and
the law aims to protect the mortgagor’s interests by striking down any barriers to redemption

Q. 11. What is constructive notice?

Ans.:- Constructive notice in the context of the Transfer of Property Act, 1882 (TPA) refers
to a legal concept that imputes knowledge of certain facts to a person, even if they do not have
actual or express notice of those facts. Let’s break it down:
1. Actual or Express Notice:
o Actual notice occurs when a person directly knows about the existence of a
specific fact related to a property. This knowledge is based on definite
information provided during negotiations by someone interested in the property.
o It is not based on rumors or hearsay.
o Actual notice influences a person’s legal rights and liabilities.
2. Constructive Notice:
o Constructive notice arises when a person would have known a particular fact
but for their “gross negligence” or “willful abstention from making an inquiry
or search.”
o It is the knowledge that a person with ordinary prudence should have had.
o Constructive notice presumes that a person ought to have known a fact, even if
they did not actively seek out that information.
o When circumstances indicate that a reasonably prudent person should have
known a specific fact related to a property transaction, the law treats them as if
they actually knew it.
o For example, if a property has been sold to Buyer A and later the same seller
enters into a contract to sell it to Buyer B, Buyer B is expected to inspect the
registers at the Registrar’s office. If Buyer B fails to do so, they will be imputed
with constructive notice of the registered transaction in favor of Buyer A.

In summary, constructive notice operates as a legal presumption, attributing knowledge to a

person based on what they should have known. It plays a crucial role in resolving conflicting
claims related to property transfers.

Q. 12. Define” Licence” under Indian Easement Act?

Ans.:- Section 52 of Indian Easement Act, 1882 defines licence as something in which a
person grants another, or a certain number of other persons, the right to do or continue
to do in or on the grantor’s immovable property. This principle was incorporated into the
Indian Easements Act of 1882.
Q. 13. What is immovable property?
Ans.:- Immovable property, also known as real property, refers to assets that cannot be
moved from one place to another. These properties are typically affixed to the land on which
they exist. Here are some key points about immovable property:
1. Definition: Immovable property encompasses anything that is rooted in the
earth, embedded in the earth, or attached to something embedded in the earth.
2. Examples of Immovable Property:
o Land: The most common example of immovable property is land itself.
o Buildings: Permanent structures like houses, commercial buildings, and
factories fall under this category.
o Trees and Crops: If they are part of the land, they are considered immovable.
o Minerals and Natural Resources: These are typically found within the land
and are immovable.
 o Rights Attached to Land: Easements, leases, and other rights related to land
are also considered immovable property.
3. Legal Rights: Immovable property has ownership rights attached to it. These rights
include the ability to use, sell, lease, or mortgage the property.
In summary, immovable property is an essential aspect of our legal and economic systems, and
it plays a crucial role in defining ownership and rights related to land and permanent structures.

Q. 14. What is meant by “ Mesne profit”?

Ans.:- Mesne profits are sums of money paid for the occupation of land to a person with
right of immediate occupation, where no permission has been given for that
occupation12345. The term is feudal in origin and common in countries that rely on the English
legal system1. The amount of mesne profits payable is usually equivalent to the rent that the
former tenant was paying2. Mesne profits can be recovered by the landlord from the wrongful
tenant
Q. 15. Define “Oral Transfer”?
Ans.:- An oral transfer of property refers to a situation where property ownership is
conveyed from one person to another through spoken communication, without the need for a
written document. According to Section 9 of the Transfer of Property Act, a transfer of
property can be validly made without writing in cases where the law does not expressly require
a written document1. In other words, if there is no specific legal requirement for a written deed,
an oral agreement or communication can suffice for the transfer of property.
However, it’s essential to note that the Act is not exhaustive in listing all types of transfers that
can occur orally. The general principle is that if a transaction involves the transfer of property
and there is no express provision of law requiring it to be in writing, Section 9 enables it to be
validly made without writing1.
Remember that while oral transfers are possible, certain transactions, especially those involving
significant property rights, often require written documentation to ensure clarity and legal
validity.

Q. 16. What is part performance?

Ans.:- Section 53A of the Transfer of Property Act of 1882 incorporates the doctrine of part
performance. According to this doctrine, if a person makes an agreement with another
and lets the other person act in furtherance of the contract, he has created equity that
cannot be resisted.
Q. 17. When can be Gift be revoked?
Ans.:- Under the Transfer of Property Act, 1882 (TOPA), a gift can be revoked under
certain circumstances. Let’s explore the key points related to the revocation of gifts:
1. Definition of Gift:
o A gift is the voluntary transfer of certain existing movable or immovable
property from one person (the donor) to another (the donee), without any
consideration or payment in return.
o The acceptance of the gift must occur during the donor’s lifetime and while the
donor is still capable of giving.
 oIf the donee dies before accepting the gift, it becomes void.
2. Grounds for Revocation:
o Coercion, Fraud, Misrepresentation, or Undue Influence:
▪ If the consent of the donor was obtained through coercion, fraud,
misrepresentation, or undue influence by the donee, the gift can be
revoked at the option of the donor.
o Protection of Transferees for Consideration Without Notice:
▪ The rights of transferees who acquire the property for consideration
without notice are protected, and the gift cannot be revoked in such cases
3. Agreement for Revocability:
o The donor and donee may agree that a gift shall be suspended or revoked upon
the occurrence of a specified event (not dependent on the donor’s will).
o However, if the parties agree that the gift is revocable wholly or in part at the
mere will of the donor, such an agreement is void.

In summary, while gifts are generally irrevocable, specific situations allow for their revocation
under the provisions of the Transfer of Property Act, 1882. It’s essential to understand these
legal aspects to avoid any unintentional illegal acts related to gifting.

Q. 18. Define Exchange?

Ans.:- Exchange is defined in Section 118 of the Transfer of Property Act, 1882. The act
relates to immovable property only. The literal meaning of exchange is giving and taking of
something. According to the act, exchange is when two persons mutually transfer ownership
of one thing for the ownership of another, neither thing or both things being money only.
Q. 19. What is Lis Pendens?
Ans.:- Lis Pendens is a legal doctrine that has its origin in English Common Law. The term
“Lis Pendens” is derived from Latin, where “Lis” means litigation and “Pendens”
means pending. In essence, it signifies pending litigation. When any action or proceeding is
pending in a court of law, it falls under the doctrine of Lis Pendens.
Here are the key points about this doctrine:
1. Purpose: The doctrine of Lis Pendens prevents unauthorized alienation of property
during ongoing legal proceedings. If property transfer were allowed while a lawsuit
related to it was pending, successful resolution of any action or suit would become
nearly impossible.
2. Section 52 of the Transfer of Property Act: The doctrine of Lis Pendens is codified
in the Transfer of Property Act, 1882, specifically under Section 52. This section
emphasizes that any property subject to ongoing litigation cannot be freely transferred
until the legal proceedings are concluded.
3. Maxim “Ut Lite Pendente Nihil Innovetur”: This doctrine is based on the maxim “Ut
Lite Pendente Nihil Innovetur,” which translates to “nothing new should be introduced
into a pending litigation.” In other words, during the pendency of a lawsuit, no new
rights or interests in the property should arise
In summary, Lis Pendens ensures that property rights remain stable and unaffected during the
course of legal proceedings, preventing unauthorized transfers that could undermine the
outcome of the litigation.
Q. 20. Who may impose easement?
Ans.:- Anyone may impose an easement under the conditions, to the degree, in, and for the
purpose of which he may transfer his interest in the heritage on which the liability is to be
imposed
Q. 21. What is “vested interest”?
Ans.:- A vested interest refers to a legal right that an individual or entity possesses to access
tangible or intangible property in the future. Here are the key aspects of vested interest:
1. Definition: A vested interest is created in favor of a person when no specific time or
condition is specified for the occurrence of a certain event. The person with vested
interest does not immediately gain possession of the property but expects to receive it
upon the specified event happening.
2. Example: Suppose A promises to transfer their property to B once B attains the age of
22. Until then, B has a vested interest in A’s property, even though actual possession is
deferred. If B were to pass away before reaching 22, the vested interest would transfer
to B’s legal heirs.
3. Characteristics:
o Vesting: The interest is created when the transfer is initiated, and nothing can
prevent it from vesting.
o Delayed Enjoyment: The person with vested interest cannot immediately enjoy
the property.
o Contrary Intention: The transferor may specify a particular time for the
interest to vest.
o Effect of Transferee’s Death: If the transferee dies before obtaining
possession, the interest passes to their legal heirs.

Remember, vested interest represents a strong expectation of future ownership, even if the
actual enjoyment is postponed.
Q. 22. What is “Constructive notice”?
Ans.:- Constructive notice is knowledge of those facts which a court imputes on a person.
If the circumstances indicate that a reasonably prudent person ought to have known a particular
fact related to the transaction of transfer, then he will be deemed to know it.
Q. 23. What does “instrument” means ?
Ans.:-In the context of the Transfer of Property Act (TOPA), an instrument refers to a non-
testamentary document. Unlike a will (which is a testamentary document), an instrument
does not serve as proof of a transaction. Instead, it represents a single transaction1. If you
encounter any legal documents that are not wills, they fall under the category of instruments
according to the act. Remember, an instrument is distinct from a will and does not serve as
evidence of a transaction.
Q. 24. What does “attested” mean?
Ans.:- Attestation is in respect to an instrument. It is done for the purpose of validating that
the deed was executed properly by the proper person. This definition was included through the
Transfer of Property (Amendment) Act, 1926.
Q. 25. Who is competent to transfer?
Ans.:- Every person who is competent to contract and entitled to transferable property, or
authorised to dispose of transferable property not his own, is competent to transfer such
property. The person must have title to the property or authority to transfer it if he is not the
real owner of the property. The Transfer of Property Act, 1882, prescribes the circumstances,
extent, and manner in which the transfer of property is allowed.
Q. 26. Who can acquire an easement?
Ans.:- An easement is a legal right that allows the owner or occupier of one piece of land to
use some other land (not their own) for the beneficial enjoyment of their own property. Let’s
delve into the essentials of easements:
1. Dominant and Servient Heritage:
o For an easement to exist, there must be two distinct properties:
▪ Dominant Heritage: The land for which the easementary right exists.
▪ Servient Heritage: The land upon which the liability is imposed to do
or prevent something for the benefit of the dominant heritage.
o These two properties cannot be the same; they must be separate entities.
2. Examples of Easements:
o Right of Way: Imagine ‘P’ owning a house and having a right of way over 'Q’s
adjacent house to access the street.
o Right to Discharge Rainwater: Ensuring rainwater flows from one property to
another.
o Right to Sunlight: Preventing obstruction of sunlight from neighboring land.
3. Acquisition of Easements:
o Express Grant: Easements can be explicitly granted through deeds, mortgages,
or other forms of transfer.
o Easement of Necessity: When an owner or occupier cannot use their property
without exercising the right of easement over another’s land.
o Co-ownership: Easements can also be acquired by co-owners.

Remember, an easement cannot be acquired from one’s own property; it must involve a
separate piece of land

Q. 27. Who is an heir apparent?

Ans.:- An heir apparent is a person who is first in an order of succession and cannot be
displaced from inheriting by the birth of another person. In other words, their right to inherit
is indefeasible, except by exclusion under a valid will if they survive the ancestor. An heir
apparent holds a position of unquestionable legal claim to an inheritance, whether it’s a royal
or noble title or private property.
To put it simply, if you’re the heir apparent, you’re next in line – no ifs, ands, or buts. It’s like
being the next banana in the bunch, waiting to be plucked

Q. 28. Define “immovable property”.

Ans.:- Immovable property refers to land and all buildings on the land as well as all
permanent fixtures which are included in the sale of the property. Permanent fixtures are
items which are glued, cemented or bolted to the property. The term is defined in Section 3
(26) of General Clauses Act, 1897, as including land, benefits to arise out of land, and things
attached to earth. The term's meaning is determined by the law of the Contracting State in
which the property is situated.
Q. 29. What is mean by “election”?

Ans.:- In the context of Transfer of Property Act (TOPA)1882, the Doctrine of Election is a
doctrine based on an equitable principle which has been conceptualized under Section 35 of
the Act & also under Sections 180 to 190 of the Indian Succession Act, 1925. It refers to making
a choice between two alternative or erratic rights If you elect to take under the instrument, you
will have to fulfill the condition and bear the burden imposed upon you. If you elect against
the instrument, neither the benefit nor the burden will come to you.
Q. 30. Define Charge?

Ans.:- A charge under Transfer of Property Act is an interest created over an immovable
property for securing payment of the amount which is due to the party. The property is
not transferred to the lender and only interest is created. It is neither a lien nor a mortgage but
some properties of both are present in a charge. According to section 100 of the Transfer of
Property Act, when the immovable property of one party is pledged as security for the payment
of money to another, and the transaction does not constitute a mortgage, the later would acquire
a charge over the property.
Q. 31. Define Mortgage?

Ans.:- Under the Transfer of Property Act, 1882, the person who transfers his property is called
a mortgagor, and the person to whom the property is being transferred is called a
mortgagee. The principal money and interest of which payment is secured for the time being
are called the mortgage-money. The relationship between the mortgagor and mortgagee is that
of a creditor and debtor. The right of foreclosure is a right available to a mortgagee to recover
his outstanding money.
Q. 32. What does “attached to the earth” means
Ans.:- In the context of the Transfer of Property Act (TOPA), the phrase “attached to the
earth” refers to certain elements that are closely connected to land. Let’s explore this further:
1. Things Rooted in Earth: This category includes trees, shrubs, and similar vegetation.
However, it specifically excludes standing timber, growing crops, and grasses.
Essentially, anything that grows from the ground and remains rooted there falls under
this definition.
2. Things Embedded in Earth: This encompasses structures or objects that
are imbedded in the soil. Examples include walls and buildings. These are permanent
fixtures attached to the land.
3. Things Attached to What Is So Embedded: This refers to items that are connected to
something already embedded in the earth. For instance, if a fixture (like a light fixture)
is attached to a building, it becomes part of the immovable property.
In summary, the concept of “attached to the earth” in TOPA encompasses both natural elements
(like trees) and man-made structures (like buildings) that are closely associated with the land
itself. These definitions help clarify the scope of immovable property governed by the Transfer
of Property Act
Q. 33. What does “attested” means
Ans.:- In the context of the Transfer of Property Act (TOPA), the term “attested” refers to
the process of validating that a legal document or instrument was executed properly by the
correct person. Specifically, it involves obtaining the signature of witnesses who can testify to
the authenticity of the document. These witnesses play a crucial role in ensuring that the
transfer of property is carried out willingly and in accordance with the law.
Here are some key points about attestation under the Transfer of Property Act:
1. Definition: According to Section 3 of the Transfer of Property Act, attestation means
that a person has signed the document as a testimony that they witnessed its execution.
2. Witnesses’ Role: The presence of witnesses during the execution of the document is
essential. There are two scenarios:
o Physical Presence: When attesting witnesses are physically present, at least two
witnesses must see the executant (the person transferring the property) sign the
document.
o Personal Acknowledgement: If witnesses were not physically present during
execution, attestation can still be valid if the executant personally acknowledges
their signature to the witnesses.
3. Indian Law vs. English Law: The Indian definition of attestation differs from the
English law. Unlike English law, Indian law does not require the attester to be
physically present at the time of signing. Additionally, the attester need not observe the
actual execution of the document.
In summary, attestation ensures the validity and authenticity of property transfer documents,
and it plays a crucial role in legal proceedings related to property transactions.

Q. 34. What is Profit A Prendre?

Ans.:- Profit a prendre is a legal concept related to land rights. According to The Indian
Easements Act, 1882, it is a part of the definition of easements. Let me explain:
1. Easements: An easement is a right possessed by the owner or occupier of one piece of
land (known as the Dominant Heritage) over some other land (known as the Servient
Heritage) that is not their own. The purpose of this right is to provide beneficial
enjoyment of the Dominant Heritage. It includes the right to do something or prevent
something on the Servient Heritage for the enjoyment of the Dominant Heritage. For
example:
o If ‘P’ owns a house and has a right of way over 'Q’s adjacent house to move out
onto the street, this is a right of easement.
o X’s right to fetch water from Y’s well for X’s own household is also a right of
easement, as the way to the well is through Y’s land.
2. Profit a Prendre: Profit a prendre is a specific type of easement. It allows a person to
take something from another person’s land for their own benefit. For instance:
o A right to take earth from someone else’s land for making earthenware is a profit
a prendre. In this case, the person benefits from using the land of another for
their own purposes
In summary, profit a prendre refers to a benefit derived from someone else’s land without
substantial control over that land. It’s an interesting legal concept that highlights the intricate
relationships between landowners and the rights associated with land use.
Q. 35. Who is a “Universal Donee”?
Ans.:- A Universal Donee is a person who receives all the properties of the donor under a
gift. This includes both movable and immovable properties. According to Section 128 of
the Transfer of Property Act, 1882, when a gift consists of the donor’s entire property, the
donee becomes personally liable for all the debts and liabilities of the donor that exist at the
time of the gift, up to the extent of the property included in the gift1234. Essentially, the universal
donee inherits not only the assets but also the financial responsibilities associated with the
donor’s property.
Q. 36. Persons Competent to transfer?
Ans.:- Under the Transfer of Property Act, 1882, the following conditions determine who is
competent to transfer property:
1. Transferor (Person Willing to Transfer):
o The transferor must be competent to contract by their own rational capacity.
o They must be entitled to the transferable property or authorized to dispose of
it.
o In other words, the transferor should have the legal right to transfer the property.
2. Transferee (Person Receiving the Property):
o The transferee must also be competent to contract and not disqualified by
law.
o Essentially, anyone who can legally enter into a contract can be a transferee.
3. Property Eligibility:
o Every property is transferable, except for certain exceptions mentioned
in Section 6 of the Indian Contract Act, 1872.
4. Formalities of Transfer:
o A transfer must be made through a registered instrument.
o The instrument must be attested by at least two persons, including parties to
the transfer.
o Attestation certifies the signature of the executant, and registration provides
valuable evidence regarding the statements made in the document.

In summary, both the transferor and transferee must meet the legal requirements, and the
property being transferred must be eligible for transfer

Q. 37. Oral transfer?

Ans.:- Certainly! Let’s delve into the concept of oral transfer of property under the Transfer
of Property Act, 1882.
1. Definition:
o Section 9 of the Act addresses oral transfer of property. It states that:

"A transfer of property may be made without writing in every case in which a
writing is not expressly required by law.".
2. Understanding the Provisions:
 o The Act recognizes that certain transactions do not necessarily need to be in
writing.
o However, it’s important to note that the Act is not exhaustive regarding such
types of transfers.
o The key principle is to determine whether a transaction (whether a transfer or
not) explicitly requires writing by law.
o If a transaction involves the transfer of property and there is no express legal
requirement for it to be in writing, Section 9 allows it to be validly made
without a written document
3. Illustration and Case Law:
o In the famous case of Sarandaya Pillay v Sankarlinga Pillai, the Madras High
Court clarified:

“The test in this country to determine whether a transaction (be it a transfer or

not) can be made without writing is to see if it is expressly required by law to
be in writing. If the transaction is a transfer of property and there is no express
provision of law requiring it to be in writing, Section 9 will enable it to be made
without writing and vice versa.”

oIn other words, if a transaction involves the transfer of property and there is no
specific legal mandate for it to be in writing, the general principle outlined
above allows it to be validly executed without a written document.
4. Exceptions:
o While oral transfer is permissible under Section 9, certain transactions still
require writing. For instance:
• The sale of immovable property valued at Rs. 100 or
more necessitates a written document.

In summary, oral transfer of property is recognized under the Act, but it’s essential to consider
specific legal requirements and exceptions when determining whether writing is necessary for
a particular transfer

Q. 38. What is subrogation?

Ans.:- Subrogation is a legal concept under the Transfer of Property Act (TOPA) that deals
with the substitution of rights and remedies. Let’s explore it further:
1. Nature and Scope:
o The term “subrogation” means substitution.
o When someone other than the mortgagor (the person who mortgages the
property) or co-mortgagor (another person jointly mortgaging the property)
has an interest in the mortgaged property and redeems the mortgage, they are
entitled to be substituted in place of the mortgagee (the creditor).
o In simpler terms, the person who pays off the mortgage debt steps into the shoes
of the mortgagee for purposes of redemption, foreclosure, or sale of the
property
2. Kinds of Subrogation:
o Legal Subrogation:
1. Section 92 of the Transfer of Property Act provides for legal
subrogation.
2. Legal subrogation arises by operation of law.
 3. It can be claimed by the following persons:
1. Puisne mortgagee: When the same property is mortgaged
successively to several persons, each subsequent mortgagee has
the right to redeem their respective prior mortgage. By doing so,
they take the place of the prior mortgagee.
2. Co-mortgagor: A co-mortgagor can redeem the mortgage by
making payments and be substituted in place of the mortgagee.
3. Surety: If a surety pays off the mortgage debt, they step into the
mortgagee’s position.
4. Purchaser of equity of redemption: A person who buys the
equity of redemption (the right to redeem the property) can also
claim legal subrogation.
o Conventional Subrogation:
1. This type of subrogation arises from an express agreement between the
parties.
2. It allows a third party to step into the mortgagee’s position upon payment
of the mortgage debt.
3. Unlike legal subr ogation, conventional subrogation depends on the
specific intentions of the parties involved.
3. Historical Context:
o Before the Amendment Act of 1929, only the principles of equitable doctrine
of subrogation existed and were applied in India.
o The doctrine of subrogation is founded on the facts and circumstances of each
particular case and the principles of natural justice.

In summary, subrogation ensures that those who pay off a mortgage debt are rightfully
substituted in place of the mortgagee, allowing them to exercise the mortgagee’s rights and
remedies.

BLS Question with Answers

Q. 1. Explain Riparian Rights?
Ans.:- Riparian rights refer to the rights of all landowners whose properties connect to a
running body of water, such as a river or stream. Specifically, these rights allow landowners to
make “reasonable use” of the water that flows either through or over their properties.
Here are some key points about riparian rights:
1. Definition: Riparian rights are certain rights enjoyed by landowners whose properties
abut a running body of water. These rights include the right to build structures like
docks or piers, access the water for swimming or fishing, and the exclusive use of water
on their property if it is not navigable. If the water is navigable, landowners cannot stop
navigation or travel down the river or stream.
2. Reasonable Use: Riparian rights are based on the principle of “reasonable use”. This
means that the rights exercised by one property owner must be fair and equitable when
compared to the rights of other owners whose properties are connected to the same
water source. Landowners cannot monopolize the entire body of water for their own
purposes; they must share it with others in the area
 3. Exclusive Use: If the water is not navigable, the riparian landowner has the right to
exclusive use of the water on their private property. Other families do not have the right
to swim in or sunbathe on the river on someone else’s property.
4. Navigable Waters: If the water is navigable, the landowner cannot prevent navigation
or travel down the river or stream. However, they still have the right to reasonable use,
which balances their rights with those of other landowners connected to the same water
source.
In summary, riparian rights ensure that landowners adjacent to water bodies can enjoy
reasonable access and use of the water while considering the rights of others in the area

Q. 2. Define Sale?
Ans.:- Under the Transfer of Property Act, 1882 (TPA), a “sale” is defined as the transfer
of ownership in exchange for a price. Let’s break down the key aspects:
1. Definition of Sale:
o Section 54 of the TPA explicitly defines a sale as the transfer of ownership.
o The term “price” specifically refers to a monetary consideration; any other
form of consideration does not qualify as a sale.
2. Scope and Applicability:
o TPA deals with transfers of both movable and immovable properties.
o While Chapter II of TPA provides general rules of transfer applicable to both
types of properties, specific modes of transfer (such as sale, mortgage, and
lease) are addressed only for immovable properties.
o TPA applies to transfers that occur by the “act of parties” (inter vivos),
excluding transfers due to insolvency, forfeiture, succession, or execution.
3. Living Parties and Inter Vivos:
o TPA governs transfers between living parties (inter vivos).
o It does not apply to transfers by the “operation of law” except in specific cases
(e.g., discharge of encumbrances on sale or mortgage of immovable property).

In summary, a sale under TPA involves the transfer of ownership of immovable property in
exchange for a monetary price. It ensures legal clarity and fairness in property transactions

Q. 3. Explain Mortgage, Mortgagor and Mortgagee?

1. Ans.:- Mortgage:
o A mortgage is a financial arrangement where a borrower (known as
the mortgagor) obtains a loan from a lender (the mortgagee) to purchase or
maintain real estate (such as a home or land).
o The property serves as collateral for the loan. In other words, if the borrower
defaults on the loan, the lender has the right to seize the property to recover the
outstanding debt.
o Mortgages come in various types, including fixed-rate, adjustable-rate, interest-
only, and reverse mortgages.
2. Mortgagor:
o The mortgagor is the individual or entity that borrows money from a lender
(the mortgagee) to buy real estate.
o The mortgagor pledges the title to the property as collateral for the loan.
 oTheir responsibilities include making timely payments of both principal and
interest to keep the loan in good standing.
o If the mortgagor fails to repay, the mortgagee has the right to foreclose on the
property.
3. Mortgagee:
o The mortgagee is the lender (such as a bank, credit union, or online lender) that
provides the loan to the mortgagor.
o The mortgagee creates a priority legal interest in the property to limit its risk.
This allows them to seize the property if the mortgagor defaults.
o Mortgagees oversee the title rights, manage the loan, and determine the terms
of the mortgage.
o They represent the lending institution’s interests in the mortgage transaction.

In summary, a mortgage is a secured loan used to buy real estate, with the mortgagor borrowing
from the mortgagee. The mortgagee holds a lien on the property, while the mortgagor retains
ownership but must adhere to the loan terms

Q. 4. Define Lease?
Ans.:- In the context of the Transfer of Property Act, 1882 (TPA), a “lease” is defined as
follows:
• Definition of Lease (Section 105):
o A lease involves the temporary transfer of possession of immovable property
for a specified period.
o The transferor (lessor) grants the right of possession to the transferee (lessee)
without transferring ownership.
o The lessee accepts the terms and conditions surrounding the agreement,
including the stipulated time period and consideration (such as rent or
premium).
o Ownership rights remain with the lessor, but the lessee gains the right to use and
occupy the property during the lease term.
• Essentials of a Lease:
1. Competent Parties: Both parties (lessor and lessee) must be legally competent
to enter into a contract.
2. Right of Possession: Only possession (not ownership) is transferred to the
lessee.
3. Consideration: The lease can be for rent or premium.
4. Acceptance: The lessee must accept the terms of the lease.
5. Specified Time Period: The lease duration is specified in the agreement, and it
can be relaxed at the option of the lessor.
• Duration of Lease (Section 106):
o If the lease agreement does not specify a time period, Section 106 provides
guidelines:
▪ Agricultural or Manufacturing Purpose:
▪ Deemed to be year to year.
▪ Requires a 6-month notice for termination.
▪ Any Other Purpose:
▪ Deemed to be month to month.
▪ Requires a 15-day notice for termination.
 ▪ The prescribed time period starts from the date of receiving the notice
to quit.

In summary, a lease under TPA allows temporary possession of immovable property, balancing
the rights of the lessor and lessee while ensuring legal clarity

Q. 5. Define Exchange?
Ans.:- Exchange is defined in Section 118 of the Transfer of Property Act, 1882. The act
relates to immovable property only. The literal meaning of exchange is giving and taking of
something. According to the act, exchange is when two persons mutually transfer ownership
of one thing for the ownership of another, neither thing or both things being money only.
Q. 6. Define Gift?
Ans. Section 122 of Transfer of Property Act defines a gift as the transfer of an existing
moveable or immovable property. Such transfers must be made voluntarily and without
consideration. The transferor is known as the donor and the transferee is called the donee. The
gift must be accepted by the donee.
Q. 7. What are transfer of actionable claim?
Ans.:- Transfer of actionable claims refers to the transfer of rights and interests in movable
property that are enforceable by law. Under the Transfer of Property Act of 1881, the transfer
of actionable claims can be done by a written instrument signed by the transferor or his agent,
with or without consideration. The transfer takes place only after the execution and signing of
the instrument