Answer in one or two sentences
1. State the effect of registration
Any person acquiring the property shall be deemed to have notice of such
instrument from date of registration.
2. What is meant by ‘attest’
Attested means that person has signed the documents by way of testimony
(a formal written or spoken statement, especially one given in a court of law.) .
3. Define transfer of property
Conveying the property involves creation of new title in favor of transferee
(sec 5)
4. What is meant by redemption of mortgage?
Redemption of mortgage means at any time after the principal money has
become due mortgager has right on payment of mortgage to require
mortgagee to recover the mortgage property to him.
5. What is difference b/w mortgage and charge?
Mortgage is transfer of an interest in specific immovable property (sec 58)
Charge gives right to the payment out of particular immovable property
without transferring any interest (sec 100)
6. How can the following be transferred
(i) Mortgage by deposit of title deeds and
Deposit of document of title without any legal formalities-registration
(ii) Transfer of tangible immovable property of a value of less than
Rs.100/-
With writing and registration
7. Explain the revocation of a license
License may be revoked by grantor unless it is coupled with transfer of
property, when licensee has acting upon license executed a work of
permanent character and incurred expenses.
8. Explain the main feature of an English mortgage
Personal undertaking, absolute transfer, recovery of the property upon
payment.
9. What is an onerous gift?
Principle- he who receives advantage must bear burden also.
10. What is apparent easement
An apparent easement is one the existence of which is shown by some
permanent sign which, upon careful inspection by a competent person,
would be visible to him.
11. Who are competent to transfer property under the Transfer of Property
Act.
Who is competent to Contract and entitled/authorized to transfer.
12. What is meant by mesne profits.
Claim for damages for wrongful possession and occupation of property.
13. What is meant by right to pre-emption?
The personal/transient right cannot be transferred, object of this right is to
prevent introduction of strangers as co-shares (Restricted Interest)
14. How can a transfer in case of intangible thing be made?
A transfer in case of intangible thing is to be made only in writing.
15. What is anomalous mortgage?
A mortgage which does not fall withing any categories is anomalous
mortgage.
16. What is exchange under the Transfer of Property Act.
Two persons mutually transfers the ownership of one thing for the
ownership of another, neither or both being money only.
17. What is difference b/w Actual Notice and Constructive Notice
Actual Notice- Persons acquires actual knowledge of the fact.
Constructive Notice- ‘Equity’- Which trats a man who ought to have known
a fact as if he knows it.
18. Distinguish b/w easement under English Law and Profit a prendre
Easement under English Law- It is a Privilege without profit
Profit a prendre confers a right to take from the servient tenement some part
of soil of that tenement.
19. Who can acquire an easement?
The owner of Immovable Property or any person in possession can acquire
easement.
20. Enumerate any implied contract by a mortgager
Mortgager has interest which he professes to transfer/pay all public charge,
etc.
21. Enumerate any 2 rights which cannot be acquired by prescription
22. List any 1 difference b/w condition precedent and condition
subsequent
23. What is meant by the expression ‘attached to the earth’
Rights which cannot be acquired by prescription are
(i) A right to which would tend to the total destruction of this subject of
the right or the property on which, if the acquisition were made,
liability would be imposed.
(ii) A right to free passage of light or air to an open space of ground
(iii) A right to surface-water not flowing in stream and not permanently
collected in a pool, tank or otherwise
(iv) A right to underground water not passing in a defined channel
24. Lis Pendens means
Lis Pendens means pending suit or an action
25. Define Sale
Transfer of ownership in exchange for price paid or promised or part paid or
part promised.
26. What is dominant heritage?
The owner or occupier of certain immovable property possesses for the
proper enjoyment of the property.
27. What is exception to the rule that restriction on alienation is void?
Lease condition is the benefit of the lessor or those claiming under him.
28. Who is an heir apparent?
A person who would be the heir if he received the Propositus and if the
Propositus intestate.
29. What are ‘Res Extra Commercium’? Can they be transferred?
Res Extra commercium are certain rights which by their nature are
untransferable like the right of purohit of a temple.
No, they are not transferable.
30. List a difference b/w lease and sale
In a sale there is an absolute transfer of all the rights in the property sold to
the transferee (Purchaser). In the lease, there is only partial transfer of
interests in the property leased. Some rights are transferred to the lease and
some are left with the lessor/owner.
31. What is usufructuary mortgage
Where the mortgager delivers possession or expressly or by implication
binds himself to deliver possession of the mortgaged property to the
mortgagee, and authorize him to retain such possession until payment of
the mortgage-money, and to receive the rents and profits accruing from the
property or any part of such rents and profits and to appropriate the same
in lieu of interest or partly in payment of the mortgage-money, the
transaction is called an Usufructuary Mortgage.
32. When can a gift be revoked?
A Gift may be suspended or revoked by mutual agreement b/w the parties
i.e donor and donee.
33. What are accessory rights?
Where mortgage property in possession of the mortgagee has, during the
continuance of the mortgage, received any accession, the mortgagor, upon
redemption shall, in the absence of a contract to the contrary, be entitled as
against the mortgagee to such accession.
34. What is simple mortgage?
Where, without delivering possession of the mortgaged property, the
mortgagor binds himself personally to pay mortgage, and agrees, expressly
or impliedly, that, in the event of his failing to pay according to his contract,
the mortgagee shall have a right to cause the mortgaged property to be sold
and the proceeds of sale to be applied, so far as may be necessary, in
payment of the mortgaged-money.
35. Define Right of Redemption
The Right of Redemption is envisaged under Article 60 of the Transfer of
Property Act. Under this right, the mortgagor can redeem the mortgaged
property after the payment of the amount due.
36. Universal Donee
Is a person to whom all the properties of another person are given in gift.
In Hindu law it is called as ‘Sanyasi’
37. Two examples of charge by operation of law
Charge by Operation of Law
(i) Vendor’s charge for unpaid purchase money (sec 55(4)(b))
(ii) Purchaser’s charge for the amount of purchase money paid in
anticipation of delivery of property (sec 55(4)(c))
(iii) Surplus sale proceeds of a revenue sale (sec 73)
(iv) For contribution (sec 82)
38. Define with Two examples of actionable claims
An actionable claim is an unsecured debt or any beneficial interest in
immovable property not in possession of the claimant is an actionable
claim.
Examples-
(i) Claim for arrears of rent
(ii) Claim for future rent
(iii) Claim for life policies
(iv) Share in dissolved partnerships
(v) Right to recover arrears of annuity
(vi) Benefit of an Executory contract for purchase of goods
39. Doctrine of lost grant
A right of easement is also created by grant and a grant of such right is
presumed from long use of possession although the actual transaction or
making such a grant cannot be discovered. If a party has been using a
particular land for a particular purpose from time immemorial, it can be
said that he has earned that right on the basis of doctrine of lost grant.
40. How can Easement be acquired by prescription
The period of 21 years shall be taken to be a period ending within 2 years
next before the institution of the suit wherein the claim to which such
period relates is contested.
41. Any two rights of mortgagee
(i) Right to Foreclosure (ii)Right to sue (iii) Right to sell (iv) Right to appoint a
receiver
42. Define Immovable property with two examples of what are not
immovable property
An asset that does not have the capability to move from one place to the
other is considered immovable property.
Immovable Property includes- (i) Land (ii) Benefits to arise out of land (iii)
things attached to the earth except standing timber, growing crop and
grass.
43. Persons competent to transfer
Person competent to transfer-
(i) He must be competent to contract
(ii) He must have title to the property or authority to transfer the
property, if it is not his own.
44. Oral transfer
A transfer of property may be made w/o writing in every case in which a
writing is not expressly required by law.
45. Define Right of Foreclosure
Section 67 of the Transfer of Property Act, 1882 vested the Mortgagee with
the right of foreclosure. This right emancipates the Mortgagee to take the
collateral on loan when the loan payments have defaulted.
46. What is meant by transmission
An act by which a living person conveys property, in present or in future, to
one or more other living persons, or to himself, and one or more other living
persons.
47. What is meant by dominant heritage
The owner or occupier of certain immovable property possesses for the
proper enjoyment of the property.
48. What is meant by Election
The word ‘Elect’ literally means ‘to choose by vote or to decide on the course
of action’. The doctrine of election is an exception to the general rule, ‘Nemo
dat quod non habet’ which means, ‘no one can convey a better title than
what he himself has, it is based on the principle of equity and is applicable
to all kinds of properties, movable or immovable’.
49. What do you mean by ‘Instrument’
Instrument means a non-testamentary instrument.
