Questions and Answers on Transfer of Property Act

Article Shared by

Questions and answers on Transfer of Property Act especially compiled for UPSC, civil services, IAS and Indian judicial service examinations!

1. The mortgagor in Indian law is the owner who had parted with some rights of ownership and the rights of redemption is a right which he exercises by virtue of his:

(a) pecuniary ownership

(b) residuary ownership

(d) none of the above.

Ans. (b)

2. When the mortgagor’s right to redeem accrues, the mortgagee has a right to enforce:

(a) his security

(b) his interest

(d) none of the above.

Ans. (a)

3. The doctrine of a clog on the equity of redemption is a rule of justice, equity and good conscience. This was reaffirmed by the Supreme Court in:

(a) Apte v. Price, AIR 1962 AP 274

(b) Kandula Kenkiah v. Donga Pallaya, (1920) 43 Mad 589

(d) none of the above.

Ans. (c)

4. A condition converting a mortgage into a sale is invalid as a clog on the equity of redemption. This was affirmed in case of:

(a) Gangadhar v. Shankarlal, AIR 1958 SC 77

(b) Ramlochan Singh v. Pradip Singh, AIR 1959 Pat 230

(d) none of the above.

Ans. (a)

5. When a mortgagee acquires a portion of equity of redemption, the mortgage is not extinguished completely. There can be only a pro tanto extinguishment of the mortgage right to the extent of the mortgagee acquiring the mortgagor’s interest and so far as the other sharer of the equity of redemption is concerned, the mortgagee will subsist. This was held in case of:

(a) Satyapal v. Rakayyabai, AIR 1993 Bom 203

(b) Madhavan v. Madhavan, AIR 1994 Ker 75

(d) Hathika v. Puthiyapurayil Padmanathan, AIR 1994 Ker 141.

Ans. (b)

6. Section 60 of the Transfer of Property Act, 1882, does not refer to the exinction of the equity of redemption by operation of law. The statement is:

(a) false

(b) partly false

(d) none of the above.

Ans. (c)

7. Under the provisions of section 60A of the Transfer of Property Act, 1882, where a mortgagor is entitled to redemption, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage debt and transfer the mortgaged property to such third person as the mortgagor may direct then the mortgagor:

(a) is not bound to assign and transfer accordingly

(b) is bound to assign and transfer accordingly

(d) none of the above.

Ans. (b)

8. Provisions of section 60A, i.e., obligation to transfer to third party instead of transference to mortgagor, do not apply in case of a mortgagee who:

(a) is not in possession

(b) is or has been in possession

(d) none of the above.

Ans. (b)

9. A entered into an agreement with B for exchanging agriculture land belonging to A valued at Rs.1,23,411 for a residential house of B valued at Rs.1,55,212. A transferred the land to B. But B did not have clear title of the residential house as such A was not allowed the possession of the same. Which of the following remedies area available to A?

A. He can sue for the loss but not for the recovery of his property

B. He can sue for recovery of his property but not for the loss suffered by him

C. He can sue for both recovery of the property and for the loss suffered by him

D. He cannot sue B at all, because the responsibility to take possession lies with A

Ans: C

10. A gift of immovable property effected by a deed of gift but brought about by undue influence of the donee, though the donor acted voluntarily in making it:

A. Is valid and binding

B. Is void

C. Is voidable at the donee’s option

D. Is voidable at the donor’s option

Ans: D

11. A is owner of a cowshed and a land adjacent to the cowshed. He sells the cow shed to B, with an understanding that B can continue to graze cattle on A’s land. The maximum capacity of the cow shed is for 30 cows. B brought in 15 cows and started using the land. Later on B increased the capacity of cowshed to 60 cows. Which of the following statements will apply?

A. B can continue to use land for grazing by 60 cows

B. B can only use the land for grazing by 15 cows

C. B can only use the land for grazing by 30 cows

D. B can continue to use the land for grazing of as many cows as he likes, as long as the grass is sufficient for the purpose

Ans: C

12. A lease of immovable property determines under the provisions of the Transfer of Property Act, 1882 when __________

A. By implied surrender

B. By efflux of time, in case time is not limited thereby

C. When time is limited unconditionally on the happening of some event, till such event happens

D. None of these

Ans: A

13. A notice by the landlord to the tenant asking him to vacate the premises without specifying that the tenancy has been terminated:

A. Is valid under the provisions of the Transfer of the Property Act, 1882

B. Is invalid under the provisions of the Transfer of the Property Act, 1882

C. May be valid under the provisions of the Transfer of the Property Act, 1882 depending on the content of the notice

D. May be valid under the provisions of the Transfer of the Property Act, 1882 depending on the intention of the landlord

Ans: A

14. 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

15. A right under irrevocable license 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

16. 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

17. 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

18. According to Supreme Court rulings, the renewal of lease is:

A. Continuation of the old lease

B. A new lease

C. Cannot be made before the expiry of the old lease

D. None of these

Ans: B

19. Before the commencement of the Transfer of Property Act, 1882, the transfer of immovable properties in India were governed by the:

(a) Principles of English law and equity

(b) Indian Registration Act, 1908

(d) Indian Contract Act, 1872.

Ans. (a)

20. The courts, before the enactment of the Transfer of Property Act, 1882, were forcing to decide property disputes according to their own notion and justice and fair play:

(a) because judges were making own laws

(b) because of absence of any specific statutory provisions on the property matters

(d) because judges were educated in British property laws.

Ans. (b)

21. Law Commission for the Transfer of Property matters was appointed in England and the Draft Bill prepared by the Commission was introduced in Legislative Council in:

(a) 1870

(b) 1875

(d) 1882.

Ans. (c)

22. The Bill on Transfer of Property was referred to:

(a) First Law Commission

(b) Second Law Commission

(d) Fourth Law Commission.

Ans. (c)

23. The Transfer of Property Act was enacted in the year:

(a) 1880

(b) 1881

(d) 1883.

Ans. (c)

24. The Transfer of Property Act received its assent on:

(a) 17th February, 1882

(b) 22nd February, 1882

(d) 27th February, 1882.

Ans. (a)

25. First Amendment was made in the Transfer of Property Act, 1882 in the year:

(a) 1880

(b) 1883

(d) 1885.

Ans. (d)

26. The Transfer of Property Act, 1882, came into effect from:

(a) 17th February, 1882

(b) 27th February, 1882

(d) 1st July, 1882.

Ans. (d)

27. The Transfer of Property Act, 1882, extends in first instance to the whole of India except:

(a) territories which, immediately before 1st November, 1956 were comprised in Part B States or in State of Bombay, Punjab and Delhi

(b) territories which immediately before 1st November, 1956, were comprised in Part B State or in States of Bombay, Bihar and West Bengal

(c) it extends in first instance to the whole of India except the territories which immediately before 1st November, 1956, were comprised in Part B States of Madras, West Bengal and Manipur

(d) it extends in first instance to the whole of India except the territories which immediately before 1st November, 1956 were comprised in Part B States of Assam, Manipur and Tripura.

Ans. (a)

28. According to the Transfer of Property Act, 1882 any State Government may from time to time exempt either any part of territories from all or any of sections:

(a) 54, paragraphs 2 and 3, 59, 107 and 123

(b) 54, 107 and 123

(d) 54, 107 and 113.

Ans. (a)

29. Within the meaning of provisions of the Transfer of Property Act, 1882, the immovable property does not include:

(a) standing timber or grass

(b) standing timber, jewellery and crops

(d) only grass.

Ans. (c)

30. According to Transfer of Property Act, 1882:

(a) instrument means a non-testamentary instrument

(b) testamentary instrument

(d) none of the above.

Ans. (a)

31. Under the Transfer of Property Act, 1882, the term “attested” means:

(a) attested by two or more witnesses

(b) attested by one witness only

(d) no condition prevails.

Ans. (a)

32. Under the Transfer of Property Act, 1882, registered pertains to:

(a) registration of property

(b) registration of documents

(d) none of the above.

Ans. (b)

33. Under the Transfer of Property Act, 1882, “attached to earth” means:

(I) routed in the earth, as in the case of trees and shrubs;

(II) imbedded in the earth as in the case of walls and buildings; or

(III) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached.

(a) only (I) and (II) are correct

(b) only (II) and (III) are correct

(d) all (I), (II) and (III) are correct.

Ans. (d)

34. The chapters and sections of the Transfer of Property Act, 1882, which relate to contracts shall be part of:

(a) Indian Registration Act, 1908

(b) Sale of Goods Act, 1930

(d) Indian Contract Act, 1872.

Ans. (d)

35. Within the meaning of section 4 of the Transfer of Property Act, 1882 the provisions of sections 54, paragraphs 2 and 3, sections 59,107 and 123 shall be read as supplemented to:

(a) Indian Contract Act, 1872

(b) Indian Registration Act, 1908

(d) Sale of Goods Act, 1930.

Ans. (b)

36. Chapter II of the Transfer of Property Act shall not be deemed to effect any rule of:

(a) Mohammedan law

(b) Christian law

(d) none of the above.

Ans. (a)

37. According to section 5 of the Transfer of Property Act, 1882, living person includes:

(a) company or association or body of individuals

(b) individual human being only

(d) none of the above.

Ans. (a)

38. Under the provisions of section 6 of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate, the chance of a relation abstaining a legacy on the death of a kinsman, or any other mere possibility of like nature:

(a) cannot be transferred

(b) can be transferred

(d) none of the above.

Ans. (a)

39. Under the provisions of section 6 of the Transfer of Property Act, 1882, a mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby:

(a) the statement is true

(b) the statement is false

(d) none of the above.

Ans. (a)

40. Under the provisions of the Transfer of Property Act, 1882, an easement cannot be transferred apart from the dominant heritage:

(a) the statement is true

(b) the statement is false

(d) none of the above.

Ans. (a)

41. According to the provisions of the Transfer of Property Act, 1882, all interest in property restricted in its enjoyment to the owner personally cannot be transferred by him:

(a) the statement is true

(b) the statement is false

(d) none of the above.

Ans. (a)

42. Under the provisions of section 6 of the Transfer of Property Act, 1882:

(a) a right to future maintenance can be transferred

(b) cannot be transferred

(d) none of the above.

Ans. (b)

43. The provisions of section 53 of the Transfer of Property Act, 1882 are not affected by any of the provisions of:

(a) Sale of Goods Act, 1930

(b) Indian Registration Act, 1908

(d) Benami Transactions (Prohibition) Act, 1988.

Ans. (d)

44. The part performance in the transfer of property is provided in:

(a) section 53A of the Transfer of Property Act, 1882

(b) section 53 of the Indian Partnership Act, 1930

(d) section 53 of the Specific Relief Act, 1908.

Ans. (a)

45. The following are some postulates as sine qua non for basing a claim on section 53A of the Transfer of Property Act, 1882:

(1) The contract should have been in writing signed by transferor.

(2) Transferee should have got possession of the immovable property covered by contract.

(3) Transferee should have done some act in furtherance of contract.

(a) only (1) and (2) are relevant

(b) only (2) and (3) are relevant

(d) all (1), (2) and (3) are relevant.

Ans. (d)

46. The words “any immovable property” in section 53A of the Transfer of Property Act, 1882 refers to:

(a) this section cannot apply to movable property

(b) not all of immovable property

(d) none of the above.

Ans. (a)

47. The term ‘sale’ in the Transfer of Property Act, 1882 is defined in section:

(a) 53

(b) 54

(d) 56.

Ans. (b)

48. Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part- promised. This definition refers to:

(a) section 54 of the Transfer of Property Act, 1872

(b) section 54 of the Sale of Goods Act, 1930

(d) none of the above.

Ans. (a)

49. Within the meaning of section 54 of the Transfer of Property Act, 1882, the sale does not include:

(a) higher purchase transaction

(b) auction sale

(d) none of the above.

Ans. (a)

50. Within the meaning of section 55 of the Transfer of Property Act, 1882, the seller is:

(a) bound to disclose to the buyer any material defect in the property or in seller’s title of which the seller is and buyer is not aware and which the buyer could not with ordinary care discover

(b) not bound to disclose anything

(d) none of the above.

Ans. (a)

51. In case of transfer of property the seller is:

(a) not entitled to rents and profits of the property till the ownership thereof passes to buyer

(b) is entitled to rents and profits of the property till the ownership thereof passes to buyer

(d) none of the above.

Ans. (b)

52. Under the Transfer of Property Act, 1882 the rights and liabilities of buyer and seller are dealt in section:

(a) 52

(b) 53

(d) 55.

Ans. (d)

53. Section 55(1) (a) of the Transfer of Property Act, 1882 is same with:

(a) section 16 of the Sale of Goods Act, 1930

(b) section 16 of the Indian Contract Act, 1872

(d) none of the above.

Ans. (a)

54. Under section 55(1) (d) of the Transfer of Property Act, 1882, if either party sues for specific performance, he must show that he was ready and willing to perform:

(a) the statement is not relevant

(b) statement is relevant

(d) none of the above.

Ans. (b)

55. Within the meaning of provisions of the section 55(4) (b) of the Transfer of Property Act, 1882, where the title in the property has passed, but possession has not been delivered, the seller is not entitled to:

(a) interest on the purchase price

(b) possession of property

(d) none of the above.

Ans. (a)

56. If there are several purchasers, the seller is not concerned with the proportion to be paid by each, but he has a charge on the whole property:

(a) for unpaid purchase money

(b) for paid up amount only

(d) none of the above.

Ans. (a)

57. Conditions of contracts for sale frequently impose restrictions on the buyer’s right to make requisitions as to title. These fall under:

(1) Requiring requisition to be made in a specified time.

(2) Restricting the period for which title is to be shown.

(3) Requiring the existence of a fact to be assumed.

(4) Requiring the buyer to accept title as it is.

(a) only (1), (2) and (3) are relevant

(b) only (1), (2) and (4) are relevant

(d) only (2), (3) are relevant.

Ans. (c)

58. A lessee is not entitled to the right of marshalling under the section:

(a) 55 of the Transfer of Property Act, 1882

(b) 56 of the Transfer of Property Act, 1882

(d) none of the above.

Ans. (b)

59. The object of section 57 of the Transfer of Property Act, 1882 is to:

(a) facilitate the sale of encumbered estates by taking the encumbrance off the title before sale

(b) is not to facilitate the sale of encumbered estates by taking the encumbrance off the title before sale

(d) none of the above.

Ans. (a)

60. Within the meaning of section 58 of the Transfer of Property Act, 1882 a mortgage is a transfer of an interest in specific immovable property as security for the repayment of a debt:

(a) such interest itself is immovable property

(b) such interest is not immovable property

(d) none of the above.

Ans. (a)

61. The Transfer of Property Act, 1882, refers to mortgages of immovable property and the Indian Contract Act, 1872 refers to:

(a) pledges of immovable property

(b) mortgages of immovable property

(d) none of the above.

Ans. (a)

62. Section 58 enumerates some classes mortgages:

(1) Simple mortgage

(2) Mortgage by conditional sale

(3) Usufructuary mortgage

(4) English mortgage

(5) Equitable mortgage

(6) Anomalous mortgage

(a) only (1), (2) and (3) are relevant

(b) only (4), 3 and 2 are relevant

(d) all are relevant.

Ans. (d)

63. In case of usufructuary mortgage the mortgagee is placed in possession and has a right to enjoy the rents and profits:

(a) until the debt is paid

(b) till the contract is rescinded

(d) none of the above.

Ans. (a)

64. These are some characteristics of a usufructuary mortgage under section 58 of the Transfer of Property Act, 1882:

(1) There is no personal liability on the mortgagor.

(2) No time limit is fixed.

(3) Mortgagee takes the whole or part of the rent and profits.

(a) only (3) is relevant

(b) only (2) is relevant

(d) all are relevant.

Ans. (d)

65. Zuripeshgi lease bears a close resemblance to usufructuary mortgages, but are not mortgages:

(a) unless the lease is for the particular purpose

(b) unless the lease is for the purpose of securing a debt

(d) none of the above.

Ans. (b)

66. These are some requisites of an equitable mortgage:

(1) a debt

(2) a deposit of title deeds

(3) an intention that the deeds shall be security for the debt

(a) only (1) is relevant requisite

(b) only (2) is relevant requisite

(d) all are relevant requisites.

Ans. (d)

67. Section 60 of the Transfer of Property Act, 1882 affirms a right of redemption:

(a) in some particular mortgages

(b) in all mortgages

(d) none of the above.

Ans. (b)

68. 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

69. 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

70. 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

71. Which of the following transfers and conditions will be valid under the Transfer of Property Act, 1882?

A. A sells the property to B absolutely, with a direction that B cannot sell it without the permission of A

B. A makes a gift to B with a condition that in case B does not divorce his wife, the property will revert back to A

C. A gifts the property to his wife with a condition that his wife cannot sell without A’s permission

D. None of these

Ans. D

72. 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

73. 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

74. Under the Transfer of Property Act, 1882, vested interest is_______.

A. Defeated by the death of the transferor

B. Defeated by the death of the transferee

C. Either or both A and B

D. Neither A nor B

Ans: D

75. In which of the following cases will need for election by the owner of the property arise under the Transfer of Property Act, 1882?

A. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed he elects to give Rs.5,000 to A. The value of the property is 19,000

B. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed he elects to give Rs.5,000 to A. The value of the property is 4,000

C. B gifts the property belonging to A to C by a gift deed, in the same deed he gifts non-redeemable bonds of Rs.5,000 to A’s youngest son. The value of the property is 4,000

D. B gifts the property belonging to A to C. In the same gift deed he elects to transfer a bank fixed deposit of Rs.3,000 to A. The value of the property is 19,000

Ans: D

76. In which of the following cases will the transferee get good title of the property transferred, if he acted in good faith?

A. Transfer by ostensible owner of the property for consideration

B. Transfer by owner of the property in which a widow has life interest for maintenance

C. Both A and B

D. Neither A nor B

Ans: C

77. Which of the following statements is true regarding sale as defined under the Transfer of Property Act, 1882?

A. Sale cannot be for intangible property

B. Registration of every transfer of every tangible immovable property is required

C. The full value of the property must be paid or payment of full value must be promised

D. None of these

Ans: D

78. Which of the following statements is true regarding rights of the seller under the Transfer of Property Act, 1882?

A. He is entitled to the rents and profits of the property till he receives full payment for the same

B. Benefit of improvement in price before the property is delivered

C. To bear the loss on decrease of the value of property before receiving full payment

D. To the rents and profits of the property till the ownership of the property passes to the buyer

Ans: D

79. Which of the following is not stated as the responsibility of the buyer, under the provisions of the Transfer of Property Act, 1882?

A. To pay or tender, at the time and place of completing the sale, the purchase money to the seller or such person as he directs

B. To give right of inspection to seller or to any person authorised by seller after the ownership is transferred till such time as whole payment or tendering of the purchase money is made

C. Both A and B

D. Neither A nor B

Ans: A

80. 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

81. Which of the following is the right of mortgager to redeem as conferred by the Transfer of Property Act, 1882?

A. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to any such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to the mortgagor

C. Either A or B

D. Neither A nor B

Ans: D

82. Within the meaning of section 48 of the Transfer of Property Act, 1882, the transfer cannot prejudice the rights of the transferee by any subsequent dealing with the property. This self-evident proposition is expressed in:

(a) equitable maxim qui prior est tempore potior est jure

(b) quid pro co

(d) none of the above.

Ans. (a)

83. The provision of improvements made by bona fide holders under defective titles is dealt in:

(a) section 50 of the Transfer of Property Act, 1882

(b) section 51 of the Transfer of Property Act, 1882

(d) none of the above.

Ans. (b)

84. A lessee cannot appeal to this section 51 of the Transfer of Property Act, 1882. The statement is:

(a) true

(b) false

(d) none of the above.

Ans. (a)

85. Some conditions must be fulfilled before the equity provided in section 51, arises:

(1) The person evicted must be transferee.

(2) The person must have made the improvements believing in good faith that he was absolutely entitled.

(a) only (1) is correct

(b) only (2) is correct

(d) none of the above.

Ans. (c)

86. A tree passer is not a transferee within the meaning of section 51 of the Transfer of Property Act, 1882 and he is not entitled to compensation for improvements. This was decided in:

(a) Daya Ram v. Shyam Sundari, (1965) 1 SCR 231

(b) Krishan Prasad v. Adyanath Ghatak, AIR 1944 Pat 77

(d) none of the above.

Ans. (a)

87. The terms good faith in section 51 of the Transfer of Property Act, 1882 is used in the light of:

(a) Sale of Goods Act, 1930

(b) General Clauses Act, 1897

(d) Specific Relief Act, 1963.

Ans. (b)

88. Section 51 of the Transfer of Property Act, 1882, does not apply to:

(a) court sale

(b) auction sale

(d) none of the above.

Ans. (a)

89. Within the meaning of section 51 of the Transfer of Property Act, 1882, the transferee:

(a) has lien on land for the value of improvements

(b) has no lien on the land for the value of improvements

(d) none of the above.

Ans. (b)

90. Section 52 of Transfer of Property Act, 1882 imposes a prohibition on transfer or otherwise dealing of any property during the pendency of a suit, provided the conditions laid down in section are satisfied. The statement is:

(a) false

(b) true

(d) none of the above.

Ans. (b)

91. The principle of lis pendens embodied in section 52 of the Transfer of Property Act, 1882 pertains to:

(a) bona fide purchase

(b) public policy

(d) none of the above.

Ans. (b)

92. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. The statement is:

(a) true

(b) false

(d) none of the above.

Ans. (a)

93. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. This statement is:

(a) false

(b) true

(d) none of the above.

Ans. (b)

94. In case of a transfer hit by the doctrine of lis pendens, the question of good faith which is essential to be established before an equitable relief can be granted in favour of a subsequent vendee under sections 41 or 51 of the Transfer of Property Act, 1882 is:

(a) relevant

(b) partly relevant

(d) partly irrelevant.

Ans. (c)

95. A suit for pre-emption involves a right to specific immovable property and transfer comes under:

(a) section 51 of the Transfer of Property Act, 1882

(b) section 52 of the Transfer of Property Act, 1882

(d) none of the above.

Ans. (b)

96. The Supreme Court held that the act of taking illegal possession of property or the continuance of wrongful possession of property does not amount to “otherwise dealing with the property” so as to attract section 52, even if the wrong doer be a party to the suit. This was held in case of:

(a) Narain Singh v. Iman Din, (1934) 154 IC 729

(b) Dhansingh v. Sushilabai, AIR 1968 MP 229

(d) Rajendra Singh v. Sama Singh, AIR 1973 SC 2537.

Ans. (d)

97. Section 52 of the Transfer of Property Act, 1882, does not affect to:

(a) post-transfer rights

(b) pre-existing rights

(d) pecuniary rights.

Ans. (b)

98. Section 52 of the Transfer of Property Act, 1882, does not apply when the defendant becomes insolvent during the pendency of a suit and the estate vests in the official assignee. The statement is:

(a) false

(b) true

(d) none of the above.

Ans. (b)

99. The provision of fraudulent transfer is dealt in:

(a) section 49 of the Transfer of Property Act, 1882

(b) section 50 of the Transfer of Property Act, 1882

(d) section 53 of the Transfer of Property Act, 1882.

Ans. (d)

100. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor, shall be voidable:

(a) at the option of creditor so defeated or delayed

(b) at the option of debtor

(d) none of the above.

Ans. (a)

101. A marriage settlement made to defeat and defraud creditor is voidable under section 53 of the Transfer of Property Act, 1882. This was held in case of:

(a) Sultan Ahmad v. Rashid Ahmad, AIR 1990 All 47

(b) Vinayak v. Mureshwar, AIR 1956 Punj 46

(d) none of the above.

Ans. (c)

102. Under the provisions of section 53 of the Transfer of Property Act, 1882, the relinquishment by one co-parcener in favour of another cannot be said to be a transfer unless:

(a) it is found to be a device to evade creditors

(b) it is found to be a device to evade debtors

(d) none of the above.

Ans. (a)

103. Section 53 of the Transfer of Property Act, 1882, does not affect to:

(a) movable property

(b) immovable property

(d) none of the above.

Ans. (a)

104. The term creditor used in section 53 of the Transfer of Property Act, 1882 includes:

(a) subsequent creditors only

(b) creditors at the time of assignment only

(d) none of the above.

Ans. (c)

105. Which of the following statements is true regarding rights of the seller under the Transfer of Property Act, 1882?

A. He is entitled to the rents and profits of the property till he receives full payment for the same

B. Benefit of improvement in price before the property is delivered

C. To bear the loss on decrease of the value of property before receiving full payment

D. To the rents and profits of the property till the ownership of the property passes to the buyer

Ans. (D)

106. 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)

107. Which of the following is not stated as the responsibility of the buyer, under the provisions of the Transfer of Property Act, 1882?

A. To pay or tender, at the time and place of completing the sale, the purchase money to the seller or such person as he directs

B. To give right of inspection to seller or to any person authorised by seller after the ownership is transferred till such time as whole payment or tendering of the purchase money is made

C. both A and B

D. neither A nor B

Ans. (A)

108. In which of the following cases will need for election by the owner of the property arise under the Transfer of Property Act, 1882?

A. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed he elects to give Rs.5,000 to A. The value of the property is 19,000

B. B sells the property belonging to A, for Rs.7,000 to C. In the same sale deed he elects to give Rs.5,000 to A. The value of the property is 4,000

C. B gifts the property belonging to A to C by a gift deed, in the same deed he gifts non-redeemable bonds of Rs.5,000 to A’s youngest son. The value of the property is 4,000

D. B gifts the property belonging to A to C. In the same gift deed he elects to transfer a bank fixed deposit of Rs.3,000 to A. The value of the property is 19,000

Ans. (D)

109. In which of the following cases will the transferee get good title of the property transferred, if he acted in good faith?

A. Transfer by ostensible owner of the property for consideration

B. Transfer by owner of the property in which a widow has life interest for maintenance

C. both A and B

D. neither A nor B

Ans. (C)

110. Which of the following statements is true regarding sale as defined under the Transfer of Property Act, 1882?

A. Sale cannot be for intangible property

B. Registration of every transfer of every tangible immovable property is required

C. The full value of the property must be paid or payment of full value mast be promised

D. None of these

Ans. (D)

111. Under the provisions of section 40 of the Transfer of Property Act, 1882, the right referred to in First Paragraph of this section refers to:

(a) right of transferer as against purchase from a transferee to restrain the breach of a negative covenant

(b) negative right of transferer as against purchaser from a transferee to restrain the breach of a negative covenant

(d) none of the above.

Ans. (a)

112. Within the meaning of section 40 of the Transfer of Property Act, 1882, the purchaser at a court sale:

(a) is not a transferee by operation of law

(b) is a transferee by operation of law

(d) none of the above.

Ans. (c)

113. The transfer by ostensible owner is provided in… section of the Transfer of Property Act, 1882:

(a) section 38

(b) section 39

(d) section 41.

Ans. (d)

114. With the express or implied consent of interested person in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, then the transfer shall not be:

(a) voidable

(b) void

(d) none of the above.

Ans. (a)

115. The section 41 of the Transfer of Property Act, 1882 is the statutory application of the law of estoppel. The statement is:

(a) true

(b) false

(d) none of the above.

Ans. (a)

Law, India, Property Act, Questions and Answers on Transfer of Property Act

Cookie	Duration	Description
cookielawinfo-checkbox-analytics	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional	11 months	The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance	11 months	This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy	11 months	The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.

Judicial Services India