Objective questions and answers on Transfer of Property Act especially compiled for UPSC, civil services, IAS and Indian judicial service examinations!
1. An unequivocal and irrevocable settlement conferring enjoyment rights over the property in present and each getting a specific share in it upon the death of the settlor would create:
A. A contingent interest in favour of each of the beneficiary
B. A vested interest in favour of each of the beneficiary
C. Either A or B depending on the facts of the case
D. Neither A nor B, as it would be void
Ans: B
2. B gifts a piece of land to C, a gift deed is made and the possession of the gift deed and the property is transferred to C. C delays the registration of the deed and in the meantime B dies. The heirs of B:
A. Can claim the piece of land as valid gift has not been made
B. Cannot claim the piece of land as valid gift has been made
C. Cannot claim the piece of land, if C gets the deed registered before the heirs make a claim
D. Can claim the piece of land, unless C transfers the same to someone else
Ans: B
3. B gifts a share of business to A on the condition that in case B does not like the future daughter-in-law of B, the property will revert back to B. Which of the following statements will apply?
A. The gift and condition and valid
B. The gift is absolute, condition is invalid and discarded
C. The gift is void in totality
D. The gift is valid in case B’s son choose not to marry
Ans: C
4. B leases out commercial property to A for the purpose of starting a hostel for working girls. The lease is for ten years. In the fifth year of the lease, A further leases the whole property to C for four years. After the expiry of ten years, the C remains in the possession of the property and continues to pay the rent to B. Which of the following statements will apply?
A. C is in illegal possession of the property
B. The lease will continue between B and C from year to year basis
C. The lease will continue between B and C from month to month basis
D. The lease has expired, but C can continue enjoying the premises unless B evicts him
Ans: C
5. B makes a gift deed in favour of A. The gift deed contains transfer of three houses unburdened by obligations, two houses which are mortgaged with C, two cars under the hire purchase agreement and three horses, one of which is lame. Which of the following statements will apply?
A. A can accept the whole gift, he has an option to accepting or not accepting the lame horse
B. A must accept the whole gift or refuse the same
C. A can choose to take gift of three houses and avoid all the rest
D. A has a choice to take over movable property and avoid immovable property
Ans: B
6. B makes a gift of residential house comprising of three distinct units, one each to D, E and F. E refuses the gift. Which of the following statements will apply?
A. One unit will default back to B
B. The house will be divided equally between D and F
C. E will continue to own one unit
D. None of these
Ans: A
7. B mortgaged three houses to A for the amount of? 76,000 plus interest at the rate of 11 % on the amount unpaid. In due course of time B sold one of the houses to C for Rs.55,000. Later on, B defaults in payment. On the date of default the amount due to A including interest was Rs.1,18,994 and the value of the houses not sold to C being Rs.3,11,222. Which of the following statements will apply?
A. C is liable for the mortgage debt of B, and A can make a claim against the property of C for the same
B. The sale to c is void
C. The sale to C is voidable at A’s option
D. The sale is binding and the house purchased by C is not liable to be attached by A for the amount due
Ans: D
8. B mortgages a one story house to A. The mortgage is in form of usufructuary mortgage. During the duration of mortgage, A without the permission of B, constructs two more floors, and rented them out. At the time of redemption of the property which of the following statement will apply?
A. A is entitled to set out the rent received on the two floors constructed by him, against the amount spent for construction
B. A is entitled to recover the cost of additional construction from B
C. A in entitled to recover the cost of additional construction from B, or in case of default to destroy the construction done by him
D. None of these
Ans: D
9. B transfers some property to C with a condition that in case A marries during B’s lifetime the property will go to B. A marries during B’s life. Which of the following statements will apply?
A. The transfer to C is void and property reverts back to B
B. The transfer and condition are valid, and the property will transfer to A
C. The transfer is valid, but condition is invalid property remains with C
D. The transfer is voidable at C’s option
Ans: B
10. A right to recover cows trapped on the owner’s land will be:
A. Actionable claim
B. Easement
C. License
D. None of these
Ans. (D)
11. A right under irrevocable licence is generally:
A. Heritable
B. Transferable, when not coupled with the transfer of an assignable interest in the property
C. both A and b
D. neither A nor B
Ans. (A)
12. A tenant remaining possession after the determination of the lease is called:
A. Tenant on sufferance
B. Tenant at will
C. either A or B, depending whether he retains possession with or without landlord’s permission
D. both A and B
Ans. (C)
13. According to provisions of the Transfer of Property Act, 1882, the easements:
A. Can be transferred
B. Cannot be transferred
C. Cannot be transferred apart from the dominant heritage
D. Can be transferred apart from the dominant heritage
Ans. (C)
14. According to Supreme Court rulings, the renewal of lease is:
A. Continuation of the old lease
B. Anew lease
C. Cannot be made before the expiry of the old lease
D. None of these
Ans. (B)
15. An unequivocal and irrevocable settlement conferring enjoyment rights over the property in present and each getting a specific share in it upon the death of the settlor would create:
A. A contingent interest in favour of each of the beneficiary
B. A vested interest in favour of each of the beneficiary
C. either A or B depending on the facts of the case
D. neither A nor B, as it would be void
Ans. (B)
16. B gifts a piece of land to C, a gift deed is made and the possession of the gift deed and the property is transferred to C. C delays the registration of the deed and in the meantime B dies. The heirs of B:
A. Can claim the piece of land as valid gift has not been made
B. Cannot claim the piece of land as valid gift has been made
C. Cannot claim the piece of land, if C gets the deed registered before the heirs make a claim
D. Can claim the piece of land, unless C transfers the same to someone else
Ans. (B)
17. B gifts a share of business to A on the condition that in case B does not like the future daughter-in-law of B, the property will revert back to B. Which of the following statements will apply?
A. The gift and condition and valid
B. The gift is absolute, condition is invalid and discarded
C. The gift is void in totality
D. The gift is valid in case B’s son choose not to marry
Ans. (C)
18. B leases out commercial property to A for the purpose of starting a hostel for working girls. The lease is for ten years. In the fifth year of the lease, A further leases the whole property to C for four years. After the expiry of ten years, the C remains in the possession of the property and continues to pay the rent to B. Which of the following statements will apply?
A. C is in illegal possession of the property
B. The lease will continue between B and C from year to year basis
C. The lease will continue between B and C from month to month basis
D. The lease has expired, but C can continue enjoying the premises unless B evicts him
Ans. (C)
19. B makes a gift deed in favour of A. The gift deed contains transfer of three houses unburdened by obligations, two houses which are mortgaged with C, two cars under the hire purchase agreement and three horses, one of which is lame. Which of the following statements will apply?
A. A can accept the whole gift, he has an option to accepting or not accepting the lame horse
B. A must accept the whole gift or refuse the same
C. A can choose to take gift of three houses and avoid all the rest
D. A has a choice to take over movable property and avoid immovable property
Ans. (B)
20. B makes a gift of residential house comprising of three distinct units, one each to D, E and F. E refuses the gift. Which of the following statements will apply?
A. One unit will default back to B
B. The house will be divided equally between D and F
C. E will continue to own one unit
D. None of these
Ans. (A)
21. B mortgaged three houses to A for the amount of Rs.76,000 plus interest at the rate of 11% on the amount unpaid. In due course of time B sold one of the houses to C for Rs.55,000. Later on, B defaults in payment. On the date of default the amount due to A including interest was Rs.1,18,994 and the value of the houses not sold to C being Rs.3,11,222. Which of the following statements will apply?
A. C is liable for the mortgage debt of B, and A can make a claim against the property of C for the same
B. The sale to c is void
C. The sale to C is voidable at A’s option
D. The sale is binding and the house purchased by C is not liable to be attached by A for the amount due
Ans. (D)
22. B mortgages a one story house to A. The mortgage is in form of usufructuary mortgage. During the duration of mortgage, A without the permission of B, constructs two more floors, and rented them out. At the time of redemption of the property which of the following statement will apply?
A. A is entitled to set out the rent received on the two floors constructed by him, against the amount spent for construction
B. A is entitled to recover the cost of additional construction from B
C. A in entitled to recover the cost of additional construction from B, or in case of default to destroy the construction done by him
D. None of these
Ans. (D)
23. B transfers some property to C with a condition that in case A marries during B’s lifetime the property will go to B. A marries during B’s life. Which of the following statements will apply?
A. The transfer to C is void and property reverts back to B
B. The transfer and condition are valid, and the property will transfer to A
C. The transfer is valid, but condition is invalid property remains with C
D. The transfer is voidable at C’s option
Ans. (B)
24. Based on court rulings in India which of the following activities will qualify for the purpose of provisions of section 18 of the Transfer of Property Act, 1882?
A. A gift for maintenance of property for the benefit of distinguished visitors to neighbourhood
B. A permanent bequest by a Parsi for the performance of muktad ceremonies
C. A gift for dharma
D. A gift for the spread of the Hindu religion
Ans. (B)
25. C and B are two brothers living as joint family. They decided to have a partition. In the partition deed the house with well fell on C, and B was allowed to take water from the well out of brotherly love. The right to take water will be in form of:
A. Easement
B. Revocable licence
C. Irrevocable licence
D. Interest in the property
Ans. (C)
26. Charge can be created by:
A. Act of parties
B. Operation of Law
C. both A and B
D. neither A nor B
Ans. (C)
27. Contract of tenancy can be split up by:
A. Court in eviction proceedings
B. Operation of Law
C. either A or B
D. neither A nor B
Ans. (B)
28. In case a lease is made for a certain period mentioning that it is terminable before its expiration, without mentioning at whose option ___________.
A. Only lessee will have the option of termination
B. Only lessor will have the option of termination
C. The lease will be terminable only in case of mutual agreement
D. Both lessor and lessee will have option of terminating the lease
Ans. (A)
29. In certain areas, the zamindar has a customary right to recover one-fourth of the sale consideration for a house sold by the riyaya. This is a customary right of antiquity mentioned in the wajibularz of the village. It is based not on contract or encumbrance, but arises only on sale. The riyaya has no saleable interest in a house in an agricultural village, but such a right is given to him on the understanding that if he leaves or abandons it, the zamindar gets one- fourth as zare chahorum. This custom was acknowledged because in settling the house, the zamindar had to make certain investments. The custom is not unreasonable or opposed to law. Which of the following statement will apply?
A. The transaction will attract provision of section 55 of the Transfer of Property Act, 1882
B. The transaction will be saved by section 2(c) of the Transfer of Property Act, 1882 from the operation of section 55 of the act
C. The transaction is in form of customs, and customs and usage supersede the provisions of the Transfer of Property Act, 1882
D. The transaction is in forms of customs, and provisions of the Transfer of Property Act, 1882 supersede the customs and usage
Ans. (B)
30. In Dinendronath Sannyal v Ramcoomar Ghose it was held that:
A. The transfer by operation of law occurs in case of testamentary and intestate succession
B. An involuntary ‘sale’ is not necessarily a transfer by the operation of law
C. Legislature can modify, annul and substitute the contracts inter- vivos
D. None of these
Ans. (A)
31. In England, express surrenders of the lease are required by the Statute of Frauds to be in writing, in India the express surrenders of the lease:
A. Must be in writing
B. Must be registered if there are facts de hors
C. both A and B
D. neither A nor B
Ans. (D)
32. In English law, a minor cannot hold a legal estate in land, in India, a lease by a minor is _________.
A. Valid
B. Void
C. Voidable
D. Depends on the facts of the case
Ans. (B)
33. In Roman law, the earliest type of security was:
A. The fiducia
B. The pignus
C. The hypotheca
D. None of these
Ans. (A)
34. In which of the following cases did J Kekewich said that “You cannot limit an estate to a man and his heirs until he shall convey the land to a stranger, because it is of the essence of an estate in fee that it confers free power of alienation, and it has long been settled that the same principle is applicable to gifts of personality.”
A. Metcalfe v Metcalfe
B. Deo v Bevan
C. Tamaya v Timpa
D. Hippolite v Stuart
Ans. (A)
35. In which of the following cases is rule against perpetuity not applicable under the Transfer of Property Act, 1882?
A. In case property is transferred for the benefit of lineal decedents
B. In case property is transferred for the purpose of construction of a winery
C. In case property is transferred for the purpose of creating a temple promoting Sati
D. In case property is transferred for building a library for comic books
Ans. (D)
36. In which of the following cases will the puisne mortgagee has no right to redeem a prior mortgage?
A. Puisne mortgage is invalid
B. Puisne mortgage is time-barred
C. Puisne mortgagee has lost all remedies of foreclosure
D. All of these
Ans. (D)
37. Section 5 of the Transfer of Property Act, 1882:
A. Applies to property sold in auction sale
B. Does not apply to property sold in auction sale
C. Applies to compromise of doubtful rights
D. Does not apply to compromises of doubtful rights
Ans. (B)
38. Section 99 of the Transfer of Property Act, 1882 deals with __________.
A. Provisions related to charges on property
B. Provisions related to anomalous mortgage
C. Provisions related to mortgage by depositing of title deeds
D. none of these
Ans. (D)
39. Subrogation as defined in Section 92 of the Transfer of Property Act, 1882 can be:
A. Conventional
B. Legal
C. either A or B
D. neither A nor B
Ans. (C)
40. The basic ingredients of the doctrine of lis pendens are:
A. The suit should be collusive
B. Property should have been transferred or otherwise dealt with
C. A litigation should be pending in a court of competent jurisdiction
D. The suit must not be related to a specific immovable property
Ans. (C)
41. The doctrine of lis pendens:
A. Is applicable on both movable and immovable property
B. Is applicable on both partial and absolute transfers
C. Is applicable on both specified and unspecified properties
D. All of these
Ans. (B)
42. The English Law:
A. Recognises the concept of Universal Donee
B. Recognises the concept of Universal Succession
C. both A and B
D. neither A nor B
Ans. (D)
43. The first draft bill of Transfer of Property Act, 1882 was made by:
A. First Law Commission
B. Second Law Commission
C. Third Law Commission
D. Fourth Law Commission
Ans. (A)
44. The forfeiture under section 111 (g) of the Transfer of Property Act, 1882 can _______.
A. Not be waived off, except by express declaration of the same
B. Can be waived off by acceptance of rent becoming due after forfeiture, after the suit to eject lessee has been initiated
C. Can be waived off by accepting of rent becoming due after forfeiture, in case lessor is not aware that forfeiture has incurred
D. Can be waived off by accepting of rent becoming due after forfeiture, as long as lessor knows that forfeiture has incurred
Ans. (D)
45. The notice period for termination of lease for residential purpose is_____________, in absence of contract or usage to the contrary.
A. Fifteen days
B. One month
C. Two months
D. Forty-Five days
Ans. (A)
46. The Privy Council in Mohammed Sher Khan v. Seth Swami Dayal has settled that:
A. Section 98 of the Transfer of Property Act, 1882 is subject to Section 60 of the Transfer of Property Act, 1882
B. Section 60 of the Transfer of Property Act, 1882 is subject to Section 98 of the Transfer of Property Act, 1882
C. either A or B depending on the facts of the individual cases
D. neither A nor B
Ans. (A)
47. The provisions of section 60A of the Transfer of Property Act, 1882 do not apply when ___________.
A. The mortgagor is in possession of the property
B. The mortgagor has recovered possession of the property
C. The mortgagee has defaulted in receiving payment
D. The mortgagor has not defaulted in making payments
Ans. (B)
48. The rule against perpetuity as given in section 14 of the Transfer of Property Act 1882, applies to:
A. Immovable property
B. Movable property
C. both A and B
D. Unconditionally to A, conditionally to B
Ans. (C)
49. Transfer of Spes Succession is:
A. Valid
B. Void
C. Voidable
D. either A or B
Ans. (B)
50. Under the provisions of the Transfer of Property Act, 1882, if there are patent defects in the property:
A. The maxim of caveat emptor will apply
B. The maxim of uberrimae fidei will apply
C. both A and B
D. neither A nor B
Ans. (A)
51. The English rule against perpetuities deals with:
A. Interests to arise in future
B. Interests in praesenti
C. both A and B
D. neither A nor B
Ans. (C)
52. The English rule that a grant should be construed most favourably to the sovereign:
A. Is applicable in India in its totality
B. Is not applicable in India
C. Partially applicable in all the cases in India
D. Partially applicable to some of the cases in India
Ans. (B)
53. Under the provisions of the Transfer of Property Act, 1882:
(a) a mere right to sue can be transferred
(b) a mere right to sue cannot be transferred
(c) no such provision is made in the Act
(d) none of the above.
Ans. (b)
54. Under the Transfer of Property Act, 1882:
(a) the salary of a public officer can be transferred
(b) the salary of a public officer cannot be transferred
(c) no such provision is found in the Act
(d) none of the above.
Ans. (b)
55. Under the Transfer of Property Act, 1882:
(a) a public office cannot be transferred
(b) a public office can be transferred
(c) such provision is absent in the Act
(d) none of the above.
Ans. (a)
56. Under the provisions of section 6 of the Transfer of Property Act, 1882, no transfer can be made for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872:
(a) the statement is false
(b) the statement is true
(c) the statement is partly true
(d) none of the above.
Ans. (b)
57. Under the provisions of section 7 of the Transfer of Property Act, 1882, the competent person to transfer means:
I. Every person competent to contract only;
II. Every person entitled to transferable property or authorised to dispose of transferable property.
(a) only (I) is correct
(b) both (I) and (II) are correct
(c) (II) is correct
(d) neither is correct.
Ans. (b)
58. The term “transfer” under the Transfer of Property Act, 1882, refers to:
(a) partly or whole transfer
(b) absolute or conditional transfer
(c) contingent transfer
(d) both (a) and (b) are correct.
Ans. (a)
59. Under section 8 of the Transfer of Property Act, 1882 the legal incidents also includes:
(a) machinery attached to earth and the moveable parts thereof
(b) only machinery attached to earth
(c) only moveable parts of the machinery attached to earth
(d) none of the above.
Ans. (a)
60. Under the provisions of section 9 of the Transfer of Property Act, 1882 the transfer includes:
(a) also oral transfer
(b) written transfer only
(c) only (a) is correct
(d) only (b) is correct.
Ans. (a)
61. Under the Transfer of Property Act, 1882, where writing is not expressly required by law:
(a) a transfer of properties may be made without writing in every case
(b) a transfer of property is subject to only writing
(c) no provision of oral transfer is made
(d) none of the above.
Ans. (a)
62. Under the Transfer of Property Act, 1882 the condition restraining alienation is provided in:
(a) section 10
(b) section 9
(c) section 8
(d) section 7.
Ans. (a)
63. Where in a Transfer of Property, an interest is created absolutely in favour of any person though the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular member:
(a) he shall be entitled to receive and dispose of such interest as if there were no such direction
(b) he shall not be entitled to interest
(c) he shall be entitled to interest subject to terms and conditions
(d) none of the above.
Ans. (a)
64. Under section 12 of the Transfer of Property Act, 1882 where the transfer of property is subject to conditions or limitations making interest therein to the benefit of person to lease on his becoming involved or endeavouring to transfer or dispose of property, such condition is:
(a) valid
(b) void
(c) partly void
(d) none of the above.
Ans. (b)
65. Provisions of section 12 of the Transfer of Property Act, 1882:
(a) does not apply to lease condition in the benefit of the lessor
(b) does apply to a condition in a lease for the benefit of lessor
(c) no such condition is made under such provision
(d) none of the above.
Ans. (a)
66. The rules against the perpetuity are provided in section ……..of the Transfer of Property Act, 1882:
(a) 14
(b) 15
(c) 16
(d) 17.
Ans. (a)
67. No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer. These provisions come under:
(a) rules against retrospective transfer only
(b) rules against perpetuity
(c) rules against prospective transfer
(d) none of the above.
Ans. (b)
68. Under section 16 of the Transfer of Property Act, 1882 where an interest created for the benefit of a person or class of persons fails then:
(a) any interest created in the same transaction intended to take effect after or upon failure of such prior interest also fails
(b) any interest created in the same transaction and intended to take effect after or upon failure of such prior interest does not fail
(c) such failure does not affect
(d) none of the above.
Ans. (a)
69. Provision of longer period in the matter of accumulation of property under section 17 of the Transfer of Property Act, 1882 amounts to:
(a) 18 years
(b) 20 years
(c) 22 years
(d) 25 years.
Ans. (a)
70. Under the provisions of section 17 of the Transfer of Property Act, 1882, the income arising from the property shall be accumulated either wholly or in part during a period:
(a) longer than life of the transferor
(b) shorter than life of transferor
(c) no such period is mentioned
(d) none of the above.
Ans. (a)
71. Under the provisions of section 18 of the Transfer of Property Act, 1882, the provisions of some sections shall not apply in case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety or any other object beneficial to mankind. These sections are:
(a) 13, 14, 15 and 16
(b) 14, 16 and 17
(c) 14, 16, 17 and 18
(d) 14, 15 and 20.
Ans. (b)
72. The provision of vested interest is provided in:
(a) section 18 of the Transfer of Property Act/ 1882
(b) section 19 of the Transfer of Property Act, 1882
(c) section 20 of the Transfer of Property Act, 1882
(d) section 21 of the Transfer of Property Act, 1882.
Ans. (b)
73. According to the provisions of section 19 of the Transfer of Property Act, 1882:
(a) the vested interest is not defeated by the death of the transferee before he obtains possession
(b) vested interest is defeated by the death of transferee before he obtains possession
(c) no such provision is made
(d) none of the above.
Ans. (a)
74. Under the provisions of the Transfer of Property Act, 1882, the unborn person acquires vested interest on transfer for his benefit:
(a) upon his birth
(b) 7 days after his birth
(c) 12 days after his birth
(d) no such provision is made in the Act.
Ans. (a)
75. Under the provisions of the Transfer of Property Act, 1882 an unborn person acquires vested interest on transfer upon his birth, although:
(a) he may not be entitled to the enjoyment immediately on his birth
(b) he is entitled after 7 days after his birth
(c) no such provision is made
(d) none of the above.
Ans. (a)
76. In the context of contingent interest in case of happening of a uncertain event or if a specified uncertain event shall not happen, such person acquires a contingent interest in the property. Such interest:
(a) becomes vested interest in the former case, on the happening of the event, in the later, when the happening of event becomes impossible
(b) does not become vested interest
(c) vested interest does not depend upon happening or not happening of event
(d) none of the above.
Ans. (a)
77. The provision of contingent interest is provided in:
(a) section 20 of the Transfer of Property Act, 1882
(b) section 21 of the Transfer of Property Act, 1882
(c) section 22 of the Transfer of Property Act, 1882
(d) section 23 of the Transfer of Property Act, 1882.
Ans. (b)
78. Where interest on transfer of property is created in favour of members only of a class as shall attain a particular age:
(a) such interest does not vest in any member of the class who has not attained that age
(b) such interest vests in any member irrespective of class who has not attained that age
(c) no such provision is made under the Act
(d) none of the above.
Ans. (a)
79. Which of the following can be considered implied surrender of the lease?
A. Non acceptance of a new lease taking effect during the continuance of the existing lease
B. Abandonment of possession by the lessee
C. A surrender by one of the two joint lessee’s, implied surrender on the part of second lessee
D. None of these
Ans: B
80. Which of the following can be transferred under the provisions of the Transfer of Property Act, 1882?
A. The right to mesne profits
B. A decree for mesne profits
C. A transfer of property to a prostitute for future cohabitation
D. A sub-lease of a farm for the retail sale of opium
Ans: B
81. Which of the following contracts are implied in case of mortgages under the Transfer of Property Act, 1882?
A. That the mortgagee will pay all public charges accruing due in respect of the property
B. Where the property mortgaged is lease property, and mortgagee renews the lease, the mortgagee has the right to continue enjoying the property until the lease runs out
C. Both A and B
D. Neither A nor B
Ans: D
82. Which of the following instruments have been excluded by the application of section 137 of the Transfer of Property Act, 1882?
A. Shares
B. Bills of Exchange
C. Both A and B
D. Neither A nor B
Ans: C
83. Which of the following is a valid example of a vested interest as defined by the Transfer of Property Act, 1882?
A. B a deceased, in his will leaves a residential property to C, to be transferred on the death of B’s daughter-in- law
B. B a deceased, in his will left Rs.65,000 to A, to be paid on A’s 50th birthday
C. Both A and B
D. Neither A nor B
Ans: A
84. Which of the following is a valid example of contingent interest as defined by the Transfer of Property Act, 1882?
A. B gifted his property to his daughter-in-law, with a condition that the possession of the property will transfer to her only after B’s death
B. B made a gift of Rs.15,000 to A, deposited in an account to be transferred to A when he attains age of majority
C. Both A and B
D. Neither A nor B
Ans: b
85. Which of the following is nearest to meaning of the phrase ‘English mortgaged’ as defined by the Transfer of Property Act, 1882?
A. Where on payment of certain sum by the mortgagee the property passes to him
B. Where there are two sales made, one at the start of mortgage with the condition that after the mortgage amount is paid back, the property will sold back
C. Where the mortgagee gets the possession of the property with the rights of profits, rents etc.
D. Where the mortgage is made by submitting the title deed
Ans: B
86. Which of the following is the definition of the term ‘Exchange’ as given under the Transfer of Property Act, 1882?
A. When two or more persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only
B. When two persons mutually transfer the ownership of one thing for the ownership of another, either thing or both things being money only
C. When two or more persons mutually transfer the ownership of one thing for the ownership of another, either thing or both things being money only
D. When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both thing being money only
Ans: D
87. Which of the following is the presumption made for lease under the Transfer of Property Act, 1882, unless a contract or local usage states otherwise?
A. The lease of immovable property for agriculture will be assumed to be for a period of three years
B. The lease of immovable property for purpose other than agriculture and manufacturing will be deemed to be for a period of one month
C. Both A and B
D. Neither A nor B
Ans: B
88. Which of the following is the time limit given under Section 17 of the Transfer of Property Act, 1882?
A. Life of the transferee
B. A period of 18 years from the date of transfer
C. Either A or B whichever is longer
D. Neither A nor B
Ans: B
89. Which of the following is true regarding the ‘right of subrogation’ as defined under the Transfer of Property Act, 1882?
A. Any person redeeming the property under provisions of section 91 of the Act, has the same rights as the mortgagor against the mortgagee
B. Any person redeeming the property under provisions of section 91 of the Act, has the same right as the mortgagee against the mortgagor
C. Either A or B depending on the facts of the case
D. Neither A nor B
Ans: A
90. Which of the following is valid gift under the Transfer of Property Act, 1882?
A. A gift of interest in a house to a donee by a donor, allowing him to stay in it as long as he pays maintenance charges of Rs.30,000 per month to the donor. The rental value of the property is Rs.26,000
B. A gift of land by donor to a done, in return of a stone necklace worth Rs.3,000. The value of land being Rs.33,000
C. A gift of single rose valued at Rs.3 to a donee, in return of the donee being a considerate person
D. All of these
Ans: C
91. Which of the following properties can be transferred under the Transfer of Property Act, 1882?
A. Salary of a public officer
B. Right to sue
C. Both A and B
D. Neither A nor B
Ans: D
92. Which of the following propositions for distinguishing between a lease and a licence were made by Justice J Subba Rao in Associated Hotels of India v. RN Kapoor?
A. To ascertain whether a document creates a lease or a licence, the form of the document must be preferred to its substance
B. The real test is the intention of the parties, whether they intended to create a lease or a licence
C. If the document creates an interest in the property, it is a licence; but, if it only permits another to make use of the property, of which legal possession continues with the owner, it is a lease
D. Both A and B
Ans: B
93. Which of the following section of the Transfer of Property Act, 1882 deal with the appointment of a receiver?
A. Section 68
B. Section 68A
C. Section 69
D. Section 69A
Ans: D
94. Which of the following sections of the provisions of the Transfer of Property Act, 1882 deals with relief against forfeiture for the non-payment of rent?
A. Section 114
B. Section 114A
C. Section 113
D. Section 113A
Ans: A
95. Which of the following sections of the Transfer of Property Act, 1882 do not apply to persons governed by Muhammadan law?
A. Section 55
B. Section 11
C. Both A and B
D. Neither A nor B
Ans: B
96. Which of the following sections of the Transfer of Property Act, 1882 were repealed by the Transfer of Property (Amendment) Act 1929?
A. Section 74
B. Section 75
C. Both A and B
D. Neither A nor B
Ans: C
97. Which of the following statements are true regarding rights and liabilities of a lessor under the Transfer of Property Act, 1882?
A. The lessee is bound on the lessor’s request to put him in possession of the property
B. The lessor is bound to pay or tender, at the proper time and place, the premium or rent to the lessee or his agent in this behalf
C. Lessee must not without permission erect on the property any permanent structure, except for agricultural purpose
D. Lessee must not without permission erect on the property any temporary or permanent structure, except for agricultural purpose
Ans: C
98. Which of the following statements hold true regarding receiver under the provisions of the Transfer of Property Act, 1882?
A. A person paying money to the receiver must make sure that the appointment of receiver is valid
B. The receiver can use the insurance money received, subject to other provisions of the Transfer of Property Act, 1882, for the payment of interest falling due under the mortgage, if so directed in writing by the mortgagee
C. The receiver can use the insurance money received, subject to other provisions of the Transfer of Property Act, 1882, for the payment of principle money, if so directed in writing by the mortgagee
D. None of these
Ans: C
99. Which of the following statements is true regarding definitions given under the Transfer of Property Act, 1882?
A. Term ‘instrument’ means both testamentary and non- testamentary instrument
B. Term ‘actionable claims’ include debt secured by mortgage on the residential house
C. The term ‘attached to earth’ will not means trees and shrubs
D. The term ‘attested’ means attested by two or more witness
Ans: D
100. Which of the following statements is true regarding suit for redemption of mortgaged property under the Transfer of Property Act, 1882?
A. Only mortgagor can bring the suit
B. Any creditor of the mortgagor who has obtained a decree, can bring the suit
C. Any creditor irrespective of decree for the same, can bring the suit
D. Any surety for the payment of the mortgage debt, can bring the suit
Ans: D
101. Which of the following statements is true regarding the definition of rent of lease as given under the Transfer of Property Act, 1882?
A. The rent must be in form of money and not in kind
B. The rent can be in form of money or service but not in kind
C. The rent can be in money or in kind
D. The rent cannot be in form of money
Ans: C
102. Which of the following statements is true regarding transfer of actionable claims under the provisions of the Transfer of Property Act, 1882?
A. The transferee of an actionable claims steps into the shoes of the transferor for all purposes
B. The transfer of an actionable claim for the purpose of gift, can be done by delivery of the instrument and oral statement to the effect.
C. Both A and b
D. Neither A nor B
Ans: A
103. Which of the following statements is true under the provisions of the Transfer of Property Act, 1882?
A. Prepaid rent is regarded as rent
B. The foundation of the doctrine of election is that a person taking the benefit of an instrument need not bear the burden
C. Election is a breach of the general rule that no one may approbate and reprobate
D. The doctrine of election is based on intention to this extent that the law presumes that the author of an instrument intended to give effect to every part of it
Ans: D
104. Which of the following statements will apply in case a landlord in a suit for ejectment of tenant, obtains a decree for ejectment?
A. A notice would need to be given under section 106 of the Transfer of Property Act, 1882
B. A notice under section 106 of the Transfer of the Property Act, 1882 will be needed in case the lease is not terminable at will
C. A notice under section 106 of the Transfer of the Property Act, 1882 is not needed
D. A notice under section 106 of the Transfer of the Property Act, 1882 will be needed unless there is a contract to the contrary
Ans: C