LEAC Classroom Material

TRANSFER OF PROPERTY ACT, 1882

1. (b) As per section 67 of the Transfer of property (e) between the date of the contract of sale
act mortgagor who holds the mortgagee's and the delivery of the property
rights as a trustee or legal representative (f) to give, possession of the property
cannot file a suit for foreclosure. (g) To pay all public charges and rent accrued
2. (b) Explanation: If a manner is contemplated by due in respect of the property up to the date of
the transferor then the condition must be the sale.
followed in that manner only so option (a) not
8. (b) Explanation- Doctrine of Part Performance of
correct, Transfer conditional on performance of
Contract is contained in Section 53-A of the
act time being specified is given under section
Transfer of Property Act, 1882. Which was
34 of the transfer of property act so option (c)
inserted by By Act 20 of 1929
is not correct,
9. (d) Explanation According to Section 58(e) of
No one can approbate and reprobate at the
transfer of property act where the mortgagor
same time which means that, under doctrine of binds himself to repay the mortgage money on
election if a person accepts one thing then a certain date and transfers the mortgaged
he/she has to accept it wholly and relinquish property absolutely to the mortgagee but
the other. It means either the property or the subject to a proviso that he will re-transfer it to
benefit. the mortgagor upon payment of the mortgage
Hence option (b) is correct money as agreed the transaction is called
3. (d) Explanation: As per Transfer of property act English mortgage.
Mohamad Afzal vs Gulam Quasim 1903 deals 10. (d) Explanation:- In accordance with Section 113 of
with the doctrine of election the Transfer of Property Act (TPA), the tenancy
4. (b) Explanation: The provision regarding automatically terminates upon the expiration
apportionment by time is given under Section of a valid notice to quit. In the scenario
36 of Transfer of property act. provided, Lessor A initially serves Lessee B a
5. (c) Explanation: When it is for the benefit of their notice to quit, which expires. However, B
immovable property a third person have a right continues to occupy the property.
to restrain the enjoyment of another person's Subsequently, when the second notice is served
property, independently of any interest in that to B, it implies that the first notice has been
property or any easement (Refer section 40) effectively waived.
6. (b) Explanation: Section 43 of the Transfer of 11. (b) Explanation: According to Section 61 of the
Property Act deals with the term "Feeding the Transfer of Property Act, when a mortgagor has
grant by Estoppel," which means that If you executed two or more mortgages in favor of the
have made a promise, you are obligated to same mortgagee, they shall have the right to
fulfill that promise for example if you have redeem any one of those mortgages separately
made a promise and attempted to sell a or any combination of two or more of those
property that you do not rightfully own, either mortgages, unless there is a contract specifying
fraudulently or mistakenly, and subsequently, otherwise
you come into possession of that property 12. (d) Explanation:- Sale is considered as a transfer
while the contract with the other party is still according to the Transfer of property Act which
valid, that person can legally compel you to sell is defined in section 54
the property to them. Gift is considered as a transfer according to the
7. (a) Explanation The seller is bound-- Transfer of property Act which is defined in
(a) to disclose to the buyer any material defect section 122
in the property Exchange is considered as a transfer according
(b) to produce to the buyer on his request for to the Transfer of property Act which is defined
examination all documents of title relating in section 118
to the property Abandonment of a claim to the property is not
(c) to answer to the best of his information all considered as a transfer according to the
relevant questions put to him by the buyer Transfer of property Act
in respect to the property or the title 13. (b) Explanation In this section “living person”
thereto; includes a company or association or body of
(d) on payment or tender of the amount due in individuals, whether incorporated or not,
respect of the price 14. (d) Joint Transfer for Consideration is defined
under section 45 of Transfer of property act

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15. (a) The maxim literally means, pending the continuance of the action, and until
“No one is heir of a living person”: the final judgment therein. It is based on public
inheritance of an estate is decided only upon policy.
the death of its owner, and nobody is “heir” 26. (b) Section 51 of the Transfer of property act
while that person is alive (only heir apparent or enumerates that when the transferee of
heir presumptive). immoveable property makes any improvement
16. (b) Case law of Dantamara Tea Co. ltd Vs Prabodh on the property in good faith and he is
Kumar Das AIR 1940 Established the principle subsequently evicted there from by any person
that a person who is in possession of property having a better title, the transferee has a right
due to part performance cannot use it as a to require the person causing the eviction
ground for action but can use it as a defense is... either to have the value of the improvement
or we can say that the person cannot use it as a estimated at the then market value thereof
sword it can only use as shield irrespective of the value of such improvement.
17. (c) Section 108 of Transfer of property act clearly 27. (b) Section 41 of the act says that Where, with the
says that the lessor is bound to disclose to the consent, express or implied, of the persons
lessee any material defect in the property, with interested in immoveable property, a person is
reference to its intended use, of which the the ostensible owner of such property and
former is and the latter is not aware, and which transfers the same for consideration, the
the latter could not with ordinary care discover. transfer shall not be violable on the ground that
And the lessor is bound on the lessee’s request the transferor was not authorised to make it:
to put him in possession of the property. Provided that the transferee, after taking
18. (b) Section 92 TPA provides that any of the reasonable care to ascertain that the transferor
persons referred to in section 91 (other than had power to make the transfer, has acted in
the mortgagor) and any co-mortgagor shall, on good faith.
redeeming property subject to the mortgage, 28. (b) Section 17 of the Act enumerates the direction
have, so far as regards redemption, foreclosure for accumulation. Where the terms of a transfer
or sale of such property, the same rights as the of property direct that the income arising from
mortgagee whose mortgage he redeems may the property shall be accumulated either
have against the mortgagor or any other wholly or in part during a period longer than—
mortgagee. (a) the life of the transferor, or
19. (c) As per Section 58 (c) Where the mortgagor (b) a period of eighteen years from the date of
ostensibly sells the mortgaged property— on the transfer,
condition that on default of payment of the Such direction shall be void to the extent to
mortgage-money on a certain date the sale shall which the period during which the
become absolute, or on condition that on such accumulation is directed exceeds the longer of
payment being made the sale shall become the aforesaid periods.
void, or on condition that on such payment 29. (c) Section 14 of the act talks about the rule against
being made the buyer shall transfer the the perpetuity and says No transfer of property
property to the seller, the transaction is called a can operate to create an interest which is to
mortgage by conditional sale and the take effect after the lifetime of one or more
mortgagee a mortgagee by conditional sale. persons living at the date of such transfer, and
20. (b) Section 124 of the Transfer of property act says the minority of some person who shall be in
that A gift comprising both existing and future existence at the expiration of that period, and
property is void as to the future property. to whom, if he attains full age, the interest
21. (d) Explanation As per section 104 The High Court created is to belong.
may, from time to time, make rules consistent 30. (a) According to section 13 of the act Where, on a
with this Act for carrying out, in itself and in the transfer of property, an interest therein is
Courts of Civil Judicature subject to its created for the benefit of a person not in
superintendence. existence at the date of the transfer, subject to a
22. (c) Here assertion stands true whereas the reason prior interest created by the same transfer, the
stands false as transfer of property does not interest created for the benefit of such person
deals with all kinds of transfer rather it only shall not take effect, unless it extends to the
deals with transfer of immovable property. whole of the remaining interest of the
23. (a) As per Section 48 Where a person purports to transferor in the property.
create by transfer at different times rights in or 31. (d) Refer Section 63A of Transfer of Property Act.
over the same immoveable property, and such 32. (a) According to section 10 of the act where
rights cannot all exist or be exercised to their property is transferred subject to a condition or
full extent together, each later created right limitation absolutely restraining the transferee
shall, in the absence of a special contract or or any person claiming under him from parting
reservation binding the earlier transferees, be with or disposing of his interest in the
subject to the rights previously created. property, the condition or limitation is void.
24. (b) The provision of improvements made by bona 33. (b) As per section 50 of the transfer of property act
fide holders under defective titles is dealt in No person shall be chargeable with any rents or
section 51 of the Transfer of Property Act, 1882 profits of any immovable property, which he
25. (b) lis pendens literally means a pending suit, and has in good faith paid or delivered to any
the doctrine of lis pendens has been defined as person of whom he in good faith held such
the jurisdiction, power, or control which a property, notwithstanding it may afterwards
court acquires over property involved in a suit appear that the person to whom such payment

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 or delivery was made had no right to receive 41. (c) Section 107 of the transfer of property act tells
such rents or profits. Hence X is not liable for us Leases how made. A lease of immovable
the rent as he paid in good faith. property from year to year, or for any term
34. (d) Where any person contracts to transfer for exceeding one year or reserving a yearly rent,
consideration any immovable property by can be made only by a registered instrument.
writing signed by him or on his behalf from All other leases of immovable property may be
which the terms necessary to constitute the made either by a registered instrument or by
transfer can be ascertained with reasonable oral agreement accompanied by delivery of
certainty, and the transferee has. in part possession.
performance of the contract, taken possession 42. (b) Spes successionis is a Latin maxim. It
of the property or any part thereof, or the means, the chance of succeeding in a person's
transferee, being already in possession, property after his death. It states about the
continues in possession in part performance of mere possibility of a person to succeed in a
the contract and has done some act in property after his death. The heir apparent or
furtherance of the contract, and the transferee any relation expects to succeed in a property by
has performed or is willing to perform his part way of will or succession.
of the contract, then, notwithstanding that, or, 43. (b) As per section 11 of the Transfer of property
where there is an instrument of transfer, that act Where, on a transfer of property, an interest
the transfer has not been completed in the therein is created absolutely in favour of any
manner prescribed therefore by the law for the person, but the terms of the transfer direct that
time being in force, the transferor or any such interest shall be applied or enjoyed by him
person claiming under him shall be debarred in a particular manner, he shall be entitled to
from enforcing against the transferee and receive and dispose of such interest as if there
persons claiming under him any right in were no such direction.
respect of the property of which the transferee 44. (a) As per section 44 where one of two or more co-
has taken or continued in possession, other owners of immovable property legally
than a right expressly provided by the terms of competent in that behalf transfers his share of
the contract. such property or any interest therein, the
35. (a) Section 54 defines sale as "Sale" is a transfer of transferee acquires as to such share or interest,
ownership in exchange for a price paid or and so far as is necessary to give, effect to the
promised or part-paid and part-promised. transfer, the transferor’s right to joint
36. (a) As per Section 58(d) of the Transfer of Property possession or other common or part enjoyment
Act, 1882 In case of usufructuary mortgage the of the property, and to enforce a partition of the
mortgagee is placed in possession and has a same, but subject to the conditions and
right to enjoy the rents and profits until the liabilities affecting at the date of the transfer,
debt is paid. the share or interest so transferred.
37. (a) Section 100 of the Transfer of Property Act, 45. (a) According to section 58 there are six types of
1882 deals with charge. Where immoveable mortgage (i) Simple mortgage. (Ii) Mortgage by
property of one person is by act of parties or conditional sale. (iii) Usufructuary mortgage.
operation of law made security for the payment (iv) English mortgage. (v) Mortgage by deposit
of money to another, and the transaction does of title-deeds. (vi) Anomalous mortgage
not amount to a mortgage, the latter person is 46. (b) Explanation: It is the right of an owner of
said to have a charge on the property; and all immovable property to acquire by purchase
the provisions hereinbefore contained which another immovable property which has been
apply to a simple mortgage shall, so far as may sold to another person. In other words, under
be, apply to such charge this right owner of an immovable property is
38. (a) Section 53 of the Transfer of property act entitled to repurchase an adjacent property
defines fraudulent transfer and it says that which has been sold to someone else.
Every transfer of immovable property made 47. (d) Section 41 of the act talks about the ostensible
with intent to defeat or delay the creditors of owner and says that where, with the consent,
the transferor shall be voidable at the option of express or implied, of the persons interested in
any creditor so defeated or delayed. Nothing in immoveable property, a person is the
this sub-section shall impair the rights of a ostensible owner of such property and
transferee in good faith and for consideration. transfers the same for consideration, the
39. (d) As per section 20 TPA, Where, on a transfer of transfer shall not be voidable on the ground
property, an interest therein is created for the that the transferor was not authorized to make
benefit of a person not then living, he acquires it: provided that the transferee, after taking
upon his birth, unless a contrary intention reasonable care to ascertain that the transferor
appears from the terms of the transfer, a vested had power to make the transfer, has acted in
interest, although he may not be entitled to the good faith.
enjoyment thereof immediately on his birth. 48. (b) Lis pendens, as defined, refers to a legal action
40. (a) Simple mortgage is distinguished from other that is currently before a court. It is a case that
forms of mortgage by the presence of a is under consideration or pending in a court of
personal covenant. In simple mortgage, law. This legal principle is established in
the mortgagor binds himself personally to the Section 52 of the Transfer of Property Act,
mortgagee to repay the loan and also pledges 1882. Section 52 is rooted in the Latin maxim
his property as a security, which can be "ut lite pendente nihil innovetur," which
liquidated on default of payment. conveys the idea that no new changes or

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 alterations should be introduced into an
ongoing legal dispute. Therefore, during the
time when a lawsuit or legal proceeding is still
pending, the property in question should not be
sold or otherwise dealt with by any of the
parties involved in the dispute.
49. (c) The case of Musahar Sahu vs Hakim lal (1907).
is related with the doctrine of Fraudulent
Transfer .
50. (d) There are few essentials of a gift. There should
be a donor and a donee; Firstly, There must be
a transfer of ownership of a property from the
donor to the donee, The property should be
certain (capable of identification) and existing
property, the transfer should be voluntary, It
shall be without consideration. If the donee
dies before acceptance, the gift is void, the
transfer should be accepted by the done in the
lifetime from the donor.

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