Law of Property and Easement 3rd Semester 2nd Year CCSU, Meerut Important Questions

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Q.1. Explain in detail the scope and object of the T.P. Act.

Q.2(a). What do you mean by Immovable Property? Illustrates as to what are immovable and movable Properties ?

(b)Whether the following are the immovable property or not Right to worship; 2. Profit-a-Prendre; 3. Royalty; 4. Copyright and 5. Patent ?

Q. 3(a). What is Notice ? Discuss the different types of Notice.Or What do you understand by the ‘doctrine of Notice’? To what extent and under what circumstances registration of a document can amount to Notice. Or Explain Notice & Constructive Notice in detail.

Q.3(b). What do you mean by Attestation? What are the requisites of a valid Attestation ? Explain the consequences of invalid Attestation..

Q.4. Define and explain Actionable Claim and aslo explain the mode in which it can transferred

Q.5. What is meant by transfer of property ? What properties may not be transferred? Or Property of every kind may be transferred. State the exception to this rule, if any. 11

Q.6(a). “An absolute restraint on alienation is void but partial re-straint is not.” Comment. Or Enumerate and illustrate the restrictions which are declared illegal on certain alienations.Or Discuss conditions restraining alienation. State the exceptions, if any.

Q. 6(b). Explain the conditions under which the T.P. Act, 1882 permits transfer for the benefit of unborn persons. Or To what extent and in what manner the property can be transferred to unborn person ? Or Discuss the law relating to transfer for the benefit of unborn person

Q.6(c) What do you mean by the doctrine ‘rule against perpetuity ?’ What are the exceptions to this rule ? Explain the difference between Indian and English law

Q. 6(d). Explain the law Mating to vested interest and contingent interest, and distingerish between vested interest and contingent interest. .

Q.7(a).What do you mean by conditional transfer? Distinguish be-
tween condition precedent and condition subsequent. Or Explain the law relating to conditional transfers with special reference to fulfilment of condition precedent and condition subsequent…

Q. 7b). Discuss the nature and extent of the Doctrine of Election and also distinguish between Indian and English law on this point. Or “The foundation of the Doctrine of Election is that a person taking the benefit of an instrument must also bear the burden.”Discuss.

Q. 8. Write Short Notes on. 31 1. Rule against Accumulation 2. Doctrine of Acceleration 3. Doctrine of Priority Apportionment

Q.9a). Discuss the concept of “feeding the grant by estoppel,” with illustrations. Or What do you mean by the doctrine of feeding the grant by estoppel?

Q.9b). What do you mean by ostensible owner? What is the effect of the transfer made by hint? Explain the law relating to transfer by ostensible owner.

Or

“No person can transfer a better title to the property than he himself has it” Are there any execption to this rule?Discuss.

Or

Explain the circumstances in which a transferee from an ostensible owner should prove to sustain his claim against the real owner.

Q.10a). Explain the Doctrine of lis Pendens and its essentials. What is the effect of this doctrine? Explain its exception, if any. Can the doctrine of Lis Pendens affect the property sold in an auction ordered by the court ?

Q.10(b) What do you mean by Fraudulent transfer ? Whether such transfer is void or note? Who can take the plea of fraud ? Discuss.

Or

State briefly the law laid down in the Transfer of Property Act about fraudulent transfers.

Q.1 1(a). Explain the law relating to part performance. Or Discuss the doctrine of part performance.

Or

The doctrine of part performance works as a shield and not a sword. Explain. .

Q. 1 1 (b). What is sale of immovable property? Or Explain the term ‘sale’. What are the essentials of a valied sale ? How the sale is made ? Explain

Q.1 1(c). Define contract for sale. Distinguish it from sale.

Q.11(d).Explain the rights and liabilities of buyer and seller.

Q. 12. Illustrate the defination of Mortgage. What are theessentials
of a valid mortgage? Also discuss the various kinds of mortgage along with their essentials and remedies. How is mortgage effected?

Q.13. What is the difference followings Mortgages.
1. Simple Mortgage and Usufructuary Mortgage.
2. Simple Mortgage and English Mortgage.
3. Mortgage by Conditional Sale and a Sale with a Condition of Repurchae.

Q. 14. Discuss the rights and liabilities of mortgagee as mentioned in the T.P. Act.

Q.15(a). What do you mean by redemption? What is a clog on re-demption? Explain with the examples of the clog. What are the modes of exercise of right of redemption? What are the effects of redemption?

Or

“The right of redemption is a statutory right which cannot be fettered by any condition which impedes or prevents redemption.” Discuss.

Or

“Once a mortgage, always a mortgage and nothing but a mortgage.” Explain this statement and examine the scope of the right of redemption as contained U/S. 60 of the T.P. Act. Or (b) Distinguish between equitable right to redeem and right of re-demption.

Q.16. Explain the law relating to the right of foreclosure.

Q.17. What do you mean by Marshalling and Contributions and ex-plain their nature and scope? Distinguish between both.

Q.18(a)What do you mean by the Doctrine of subrogation’? Explain its nature and its kinds. Distinguish between Legal and Equitable Subro-gation.

Q.18(b) Illustrates and explain the defination of “lease”. How the lease is made?

Q.18(c). Discuss the rights and liabilities of a Lessee and and lessor.

Q. 18(d). Explain the circumstances under which a lease can be deter-mined?

Q.19a). What do you mean by Exchange and explain its essentials? Discuss the rights and liabilities of the parties. Distinguish between sale and Exchange.

Q.19(b). Write short notes on the followings—
(I) Doctrine of taking
(2) Merger
(3) Doctrine of consolidation
(4) Tenancy at will
(5) Tenancy of Sufferance
(6) Conditional Gift
(7) Donatio mortis causa.

Q.19(c). What do you mean by Gift? What are the essentials of a valid
gift? State the circustances when a gift can be suspended or revoked? Explain.

Or

Explain the law under the Transfer of Property Act about gift comprising both existing and future property. How are the gifts of immovable property effected?

Q.19(d). What do you understand by an onerous gift ? Whether it be made in favour of minor ?

Q.19(e). Write short notes on the following: .
1. Onerous Gift;
2.Universal Donee;
3.Tacking;
4. Redeem Up Fore-close Down;
5. Feeding the Grant by Estoppel;
6. Attestation;
7. Spes successionis;
8. Notice to Quit Lease;
9. Right of Foreclosure;
10. Rule Against Accumulation.

Q. 19(f). Differentiate the fallowings
(1) Gift and sale,
(2) Sale and Exchange,
(3) Marshalling and Contribu-tion,
(4) Accession and Improvement,
(5) Lease and Licence.

Q.20a). Define easement and explain its essentials. What is meant by dominant and servient heritage? Or Explain the continuous, discontinuous, apparent and non- apparent
easement.

Q.20b). Distinguish licence from easement.

Q.20c). Discuss the division of easements.

Q.20d). Distinguish between easement and profit-a-prendre.

Q. 20e). What are the incidents of an easement?

Q.20f). How is an easement acquired, extinguished, suspended and revived ?

Q.20g). Distingetish between ownership and easement