Part 1 - MCQ
"Transfer of Property law"
1. The transfer of property Act, 1882 related with transfer of property to:
(A) By operation of law
(B) Between Inter-vivos
(C) Insolvency
(D) All the above
Answer - B
2. 3. 4. The state government are empowered to exempt any part of its territory from the operation of which section of TPA, 1882 :
(A) Section 59
(B) Section 107
(C) Section 123
(D) All the above
Answer - D
3. The ‘Rule against perpetuity’ is applies to :
(A) Immovable Property only
(B) Movable Property only
(C) Both of above
(D) None of above
Answer - C
Chapter 2 is divided into two parts. Part 1 related to movable and immovable property both.
4. Which one of following is not true about TPA, 1882 ?
(A) The Act is not exhaustive
(B) The Act is not sole law relating to property transfer of
(C) The Act has retrospective operation
(D) The Act presupposes supplementary laws
Answer - C
5. The provisions of conditional transfer is in which section of TPA:
(A) Section-25
(B) Section-23
(C) Section-24
(D) Section-35
Answer - A
6. The definition of immovable property including land, benefits arising out of land and things attached to the earth, is given in :
(A) TPA, 1882
(B) Indian Registration Act, 1908
(C) Sale of goods Act, 1930
(D) General Clauses Act, 1897
Answer - D
7. An abandonment of a claim to property is considered as transfer under TPA :
(A) True
(B) Not True
(C) Partly True
(D) Can not say
Answer - B
According to Section 6 of the Transfer of Property Act, 1882 (TPA), a property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force. One of the exceptions is that a mere right to sue cannot be transferred. A right to sue means a right to obtain some relief by means of legal proceedings. An abandonment of a claim to property is a relinquishment of the right to sue for the recovery of that property, and hence it is not a transfer of property under the TPA. It is merely a waiver of the right to enforce a claim, which does not amount to a conveyance of any interest in the property itself. Therefore, the statement that an abandonment of a claim to property is considered as transfer under TPA is not true.
8. Which of following person is not competent to transfer under TPA :
(A) Minor
(B) Person of unsound mind
(C) Person disqualified by law
(D) All the above
Answer - D
9. “Transferability of a property is a rule, non-transferability exception”. This statement is :
(A) True
(B) False
(C) Partly true
(D) Can not say
Answer - A
10. ‘A’ sell his house to ‘B’ with a condition that ‘B’ can not transfer this house to anyone, except ‘X’. Which of following statement is true :
(A) Condition and transfer, both are valid
(B) condition void but transfer is valid
(C) Condition is valid but transfer void
(D) None of above
Answer - B
11. The ‘Doctrine of subrogation’ is related to :
(A) Mortgage
(B) Exchange
(C) Lease
(D) Actionable claim
Answer - A
12. Which of following is an essential for creating interest in favour of an unborn person ?
(A) Creation of life interest in favour of living person at the time of transfer
(B) Birth of unborn person, before end of last life interest person
(C) To give absolute interest to unborn person
(D) All the above
Answer - D
13. The direction for accumulation is an exception of :
(A) Section 10 of TPA
(B) Section 11 of TPA
(C) Section 12 of TPA
(D) None of the above
Answer - B
Accumulation is an exception of Section 11 of the Transfer of Property Act, 1882 (TPA). Section 11 states that any condition that restrains the absolute enjoyment of property by the transferee is void. However, Section 17 of the TPA allows the direction for accumulation of income arising from the property for certain purposes and periods. Accumulation is a way of postponing the beneficial enjoyment of the property by the transferee. Therefore, Section 17 is an exception to Section 11, as it permits the accumulation of income to operate in some cases.
14. 14. Which of following interest is not transferable under TPA :
(A) Contingent Interest
(B) Vested Interest
(C) Interest of Lessee
(D) Interest based on possibility of succession
Answer - D
15. The case of Cooper Vs. Cooper (1874) related with :
(A) Transfer by ostensible owner
(B) Lis pendens
(C) Fraudulent Transfer
(D) Doctrine of Election
Answer : D
16. ‘A’ entitled to get maintenance from immovable property ‘X’. After transfer of property X, to ‘B’:
(A) ‘A’ can not get maintenance
(B) ‘A’ continue get maintenance
(C) ‘A’ only get maintenance, when transfer will with consideration and transferee has notice
(D) None of above
Answer - C
17. ‘Doctrine of Cypres’ related with which section of TPA ?
(A) Section-25
(B) Section-26
(C) Section-27
(D) Section-33
Answer - A
The doctrine of cypress is a legal principle that applies to charitable trusts. It means that if the original purpose of a trust becomes impossible or impractical to achieve, the court can modify the trust to fulfill a similar purpose that is as close as possible to the donor’s intention. The doctrine of cypress is derived from the French phrase “cy pres comme possible”, which means “as near as possible”.
The doctrine of cypress is used to prevent the failure of a charitable trust and to ensure that the donor’s charitable wishes are respected. However, the doctrine has some limitations and conditions, such as:
The original purpose of the trust must be charitable and beneficial to the public.
The donor must have a general or paramount intention of charity, not a specific or particular one.
The new purpose of the trust must be similar in nature and spirit to the original one, and not contrary to the donor’s wishes.
18. Benami Transaction (Prohibition of the Right to Recover Property) Act, 1988, restrict to scope of which section of TPA, 1882 ?
(A) Section-35
(B) Section-41
(C) Section-43
(D) Section-52.
Answer - B
19. The law relating to exchange is applicable to :
(A) Movable property
(B) Immovable property
(C) Both (A) & (B)
(D) None of above
Answer - C
20. Which of following transfer will be valid under TPA :
(A) ‘A’ sell property to ‘B’ absolutely with direction that ‘B’ can not sell it without ‘A’ permission
(B) ‘A’ make a gift to ‘B’ with condition that it ‘B’ does not divorce his wife, property revert Back to ‘A’
(C) ‘A’ gift property to his wife, with a condition that his wife can not sell it without ‘A’ permission
(D) None of above
Answer - D
21. “Once a mortgage, always mortgage”. the maxim explained by :
(A) Lord Davey
(B) Lord Parker
(C) Lord Devlin
(D) Lord Halsbury
Answer - A
The maxim “once a mortgage, always a mortgage” is a legal principle that states that a mortgage cannot be made irredeemable and any provision that prevents or limits the mortgagor’s right to redeem the property is void. The maxim was first explained by Lord Davey in the case of Noakes v. Rice (1902), where he said:
"The principle is this: a mortgage is a conveyance of land or an assignment of chattels as a security for the payment of a debt or the discharge of some other obligation for which it is given. This is the idea of a mortgage: and the security is redeemable on the payment or discharge of such debt or obligation, any provision to the contrary notwithstanding. That, in my opinion, is the law. Any provision inserted to prevent redemption on payment or performance of the debt or obligation for which the security was given is what is meant by a clog or fetter on the equity of redemption and is therefore void. It follows from this, that “once a mortgage always a mortgage.”
22. In which o following condition may be consider as clog on redemption ?
(A) Condition of sale in default
(B) Postponement of redemption for long term
(C) Restraint on alienation
(D) All the above
23. Which of following is also called Equitable Mortgage :
(A) Anomalous Mortgage
(B) Usufructuary mortgage
(C) Mortgage by deposit of title deed
(D) English mortgage
Answer - C
Mortgage by deposit of title deed. This type of mortgage is also known as an equitable mortgage, because it creates an equitable interest in the property for the lender, without transferring the legal title. An equitable mortgage is a simple contract between the borrower and the lender, where the borrower deposits the original title deed of the property with the lender as security for the loan. No registration or legal formalities are required for an equitable mortgage, making it less costly and more convenient than a registered mortgage.
24. In which of the following lease, registered deed is not necessary :
(A) Lease from year to year
(B) Lease reserving a yearly rent
(C) Permanent lease
(D) Lease for a term of one year
Answer - (D)
Lease for a term of one year. According to Section 17 of the Registration Act, 1908, a lease deed is required to be registered if the lease exceeds one year in duration. Therefore, a lease for a term of one year or less does not need a registered deed.
25. Which one of following is not correctly matched :
(A) Marshalling- Section-81
(B) Subrogation- Section-92
(C) Holding over- Section-116
(D) Onerous gift- Section-128
Answer - D
26. Which of following statement about lease is correct :
(A) It is a right to enjoy property
(B) Transfer of an interest of property
(C) It is transferable and heritable
(D) All the above
Answer : D.
A lease is defined as a transfer of a right to enjoy property for a certain time or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Therefore, a lease involves:
A right to enjoy property: The lessee acquires the right to possess and use the property for the duration of the lease, subject to the terms and conditions agreed upon with the lessor.
Transfer of an interest of property: The lessor transfers a limited interest in the property to the lessee, without transferring the ownership or title. The interest of the lessee is called the leasehold interest.
Transferable and heritable: The lessee can transfer his leasehold interest to another person, subject to the consent of the lessor, unless the lease agreement prohibits such transfer. The leasehold interest is also heritable, meaning that it passes on to the legal heirs of the lessee in case of his death, unless the lease is personal in nature.
27. The provisions related to gift under TPA, 1882 is applicable to gift between :
(A) Inter vivos
(B) Gift Testamentary
(C) Both of above
(D) None of above
Answer - A
28. Which one of following is not true about provisions Universal Donee : related to
(A) Donee gets only immovable property of doner
(B) Liability of donee extent of property comprised in gift
(C) It is subject to provision of section 127
(D) Provision, object is to protect the interest of creditors
Answer : A
Donee gets only immovable property of donor. A universal donee is the person who receives all the properties of the donor under a gift, both movable and immovable . The other options are true about the provisions related to universal donee, as per Section 128 of the Transfer of Property Act, 1882. According to this section:
(B) Liability of donee extent of property comprised in gift: The universal donee is personally liable for all the debts and liabilities of the donor at the time of the gift, to the extent of the property comprised in the gift.
(C) It is subject to provision of section 127: Section 127 states that if a gift is made for a particular purpose, and the purpose fails, the gift becomes void, unless a contrary intention appears from the terms of the gift. This provision applies to universal donee as well, as he is bound by the conditions attached to the gift.
(D) Provision, object is to protect the interest of creditors: The object of Section 128 is to protect the interest of the creditors of the donor, by making the universal donee liable for the debts and the interest of the creditors of the donor, by making the universal donee liable for the debts and liabilities of the donor, to the extent of the property received by him. This prevents the donor from defrauding his creditors by transferring his entire property to the donee.
29. It doner died before acceptance of the gift by donee, the gift will be :
(A) Valid
(B) Void
(C) Voidable
(D) None of above
Answer - B
30. An actionable claim include :
(A) Unsecured money debt
(B) Beneficial interest in movable property
(C) Both (A) and (B)
(D) None of above
Answer - C
31. Exemption of lease for agricultural purposes is mention in the section :
(A) 110 of TPA
(B) 113 of TPA
(C) 115 of TPA
(D) 117 of TPA
Answer : D
32. What is subrogation: not true about
(A) It is in section 91 of TPA
(B) It may be legal
(C) It may be conventional
(D) It is based on equity
Answer - A
33. In which of following mortgage, mortgagor personally bind himself for repay of mortgage money :
(A) Mortgage by conditional sale
(B) Usufructuary mortgage
(C) Anomalous mortgage
(D) English Mortgage
Answer : D
34. Determination of lease forfeiture on the ground : by
(A) Breach of express condition by lessee
(B) Denial of landlord title
(C) Insolvency of lessee
(D) All the above
Answer : D
35. Easement may be :
(A) Permanent
(B) For a particular purpose
(C) For limited period
(D) All the above
Answer : D
Easements can be permanent, for a particular purpose, or for a limited period, depending on the terms and conditions of the easement agreement. For example, a utility easement is usually permanent, as it allows a utility company to run power lines or pipes through a property. A private easement is often for a particular purpose, such as allowing a neighbor to access a well or a pond on another’s property. An easement by necessity is usually for a limited period, as it allows one party to use another’s property to access their own land.
36. Revocation of a gift may be :
(A) By agreement
(B) When doner was under undue influence
(C) Involvement of fraud
(D) All the above
Answer : D
A gift deed can be revoked under certain conditions, such as:
- By mutual agreement of the donor and the donee
- When the donor was under undue influence, fraud, coercion, or misrepresentation at the time of making the gift.
- When the gift is against public policy or personal laws.
- When the donee fails to comply with a condition attached to the gift.
37. Case Rajesh Kant Rai V. Shanti Devi (1957) related with :
(A) Vested interest
(B) Contingent interest
(C) Doctrine of Election
(D) Doctrine of Cypress
Answer : A
The case of Rajesh Kant Rai V. Shanti Devi (1957) was a landmark judgment by the Supreme Court of India that dealt with the interpretation and execution of a trust deed and a compromise decree involving family disputes over property rights. One of the main legal issues in the case was whether the appellant, Rajes Kanta Roy, had a vested or a contingent interest in the properties allotted to him under the trust deed executed by his father. The court held that Rajes had a vested interest in the properties, subject to the payment of his father’s debts and the provision of alternative accommodation to his brother, and that his interest was attachable in execution of the decree. The court also discussed the distinction between vested and contingent interests under the Transfer of Property Act, 1882, and the principles of trust law and family property laws. The case is significant for its detailed analysis of how compromise decrees are interpreted and executed in the Indian legal system, and how property rights are affected by religious endowments and family trusts.
38. Which one of following is not correct about gift under TPA :
(A) It is applicable to both movable and immovable property
(B) Acceptance by donee during lifetime of doner is necessary
(C) Donee must be competence to contract
(D) Gift of immovable property must be registered
Answer : C
39. Which of following can not be transferred in if natural form under TPA :
(A) Air
(B) Water
(C) Sun light
(D) All the above
Answer : D
40. A gift comprising both existing and future property. The gift is :
(A) Valid for both
(B) Valid for existing property only
(C) Void for both
(D) None of above
Answer : B
41. Easement that needs act of man for its enjoyment is :
(A) Continuous Easement
(B) Discontinuous Easement
(C) Apparent Easement
(D) None of above
Answer : B
According to the Indian Easement Act, 1882, an easement is a right which the owner or occupier of certain land possesses for the beneficial enjoyment of that land, to do or to continue to do something, or to prevent or to continue to prevent something being done in or upon or in respect of certain other land not his own.
Easements can be classified into different types based on various criteria. One such criterion is whether the easement needs the act of man for its enjoyment or not. An easement that needs the act of man for its enjoyment is called a discontinuous easement. It is necessary that the human act should be done on the land of the servient owner. For example, a right to draw water from a well on another’s land is a discontinuous easement, as it requires the act of drawing water by the dominant owner.
An easement that does not need the act of man for its enjoyment is called a continuous easement. It is one whose enjoyment is or may be continual without the act of man. For example, a right of way or a right to light or air are continuous easements, as they can be enjoyed without any human intervention.
An apparent easement is one that is capable of being known or discovered by the senses, such as sight or hearing. For example, a right of way or a right to discharge water are apparent easements, as they can be seen or heard by the servient owner.
A non-apparent easement is one that is not capable of being known or discovered by the senses, such as a right to prevent building on another’s land. For example, a right to support or a right to privacy are non-apparent easements, as they cannot be seen or heard by the servient owner.
42. Customary easement must be :
(A) Based on local custom
(B) Ancient
(C) Reasonable
(D) All the above
Answer - D
43. Easement of necessity mentioned in which section of easement Act, 1882 :
(A) Section-11
(B) Section-13
(C) Section-15
(D) Section-16
Answer : B
44. Provision related to gift, when donee is liable to pay all liability personally of the doner at the time of gift is in :
(A) Section- 125 of TPA
(B) Section- 127 of TPA
(C) Section- 128 of TPA
(D) Section- 129 of TPA
Answer : C
45. Onder section 4 of TPA, 1882 provisions of section 59, 107 and 123 should supplemental to : be read as
(A) General clauses Act, 1897
(B) Indian contract Act, 1872
(C) Indian Registration Act, 1908
(D) None of above
Answer : C
46. Which of following is an actionable claim :
(A) Claim for arrears of rent
(B) Right to get damages under tort
(C) Right to get damages under contract for breach
(D) All the above
Answer : A
47. What are the essential of a valid transfer :
(A) Property should be transferable
(B) Transferor must be competent
(C) consideration and object must be lawful
(D) All the above
Answer : D
48. “Right of action for damages in tort can not be transferred.” This statement is :
(A) True
(B) Not true
(C) Can not say
(D) None of above
Answer - A
49. ‘Easement’ is defined in which section of Easement Act, 1882 :
(A) Section-4
(B) Section-3
(C) Section-5
(D) None of above
Answer : A
Section - 4. “Easement” defined.—An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.
Dominant and servient heritages and owners.—The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.
Explanation.—In the first and second clauses of this section, the expression “land” includes also things permanently attached to the earth; the expression “beneficial enjoyment” includes also possible convenience, remote advantage, and even a mere amenity; and the expression “to do something” includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting thereon.
50. Which one of following is true ?
(A) A minor can not transfer property
(B) A minor can be transferee
(C) Transferor should not be unsound mind
(D) All the above
Answer : D
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