MCQs on Transfer of Property Act (With

Answers)
1. Under the provisions of the Transfer of Property Act, 1882, the
seller is duty bound to disclose:
A. Patent defects in the property
B. Latent defects in the property
C. both A and B
D. neither A nor B
Ans. B
2. Under the provisions of the Transfer of the Property Act, 1882, the
benefits of a contract can be assigned as an actionable claim and
transferred unless:
A. The contract is one which had been induced by personal qualifications or
considerations as to the parties to it
B. The benefit is coupled with an obligation which the assignor is bound to
discharge
C. either A or B
D. neither A nor B
Ans. C
3. 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
4. What is the default interest payable under section 63 and 63 A of
the Transfer of Property Act, 1882?
A. 8% per annum
B. 9% per annum
C. 10% per annum
D. Interest rate is not mentioned in the sections
Ans. B
5. Where the mortgage is illegal for want of registration but the
mortgagee continues in possession of the mortgaged property, a valid
mortgage comes in existence after the expiry of:
A. 5 years
B. 10 years
C. 12 years
D. 20 years
Ans. C
6. Which e 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
7. Which of the following is not valid consideration for establishing a
lease:
A. Rent partly in money and partly in kind
B. A stipulation to pay government assessment or taxes payable by the lessor
C. a personal agreement by a tenant to pay a certain sum or a certain quantity in
kind to the landlord
D. None of these
Ans. C
8. Which of the following are valid illustrations of an anamolous
mortgage?
A. A possessory mortgage without a conditional sale
B. A possessory mortgage with a right to cause the mortgaged property to sale in
the event of default in payment
C. both A and B
D. neither A nor B
Ans. B
9. 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
10. 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
11. 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
12. 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
13. 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
14. 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
15. 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
16. 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 things being money only
Ans. D
17. 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
18. 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
19. 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
20. 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
21. 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
22. 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
23. 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
24. 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
25. 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
26. 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
27. 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
28. 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
29. 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
30. 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
31. 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
32. 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 license
C. Irrevocable license
D. Interest in the property
Ans. C
33. 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
34. 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
35. 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
36. 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
37. 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
38. 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
39. 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
40. In Roman law, the earliest type of security was:
A. The fiducia
B. The pignus
C. The hypotheca
D. None of these
Ans. A
41. 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
42. 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
43. 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
44. 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
45. 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
46. 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
47. 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
48. 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
49. 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
50. The English rule against perpetuities deals with:
A. Interests to arise in future
B. Interests in proesenti
C. Both A and B
D. Neither A nor B
Ans. C
51. 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
52. 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
53. 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
54. 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
55. 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
56. 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
57. 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
58. Transfer of Spes Succession is:
A. Valid
B. Void
C. Voidable
D. Either A or B
Ans. B
59. 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
60. Under the provisions of the Transfer of Property Act, 1882, the
seller is duty bound to disclose:
A. Patent defects in the property
B. Latent defects in the property
C. Both A and B
D. Neither A nor B
Ans. B
61. Under the provisions of the Transfer of the Property Act, 1882, the
benefits of a contract can be assigned as an actionable claims and
transferred unless:
A. The contract is one which had been induced by personal qualifications or
considerations as to the parties to it
B. The benefit is coupled with an obligation which the assignor is bound to
discharge
C. Either A or B
D. Neither A nor B
Ans. C
62. 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
63. What is the default interest payable under section 63 and 63 A of
the Transfer of Property Act, 1882?
A. 8% per annum
B. 9% per annum
C. 10% per annum
D. Interest rate is not mentioned in the sections
Ans. B
64. Where the mortgage is illegal for want of registration but the
mortgagee continues in possession of the mortgaged property, a valid
mortgage comes in existence after the expiry of:
A. 5 years
B. 10 years
C. 12 years
D. 20 years
Ans. C
65. Which e 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
66. Which of the following are not valid consideration for establishing
a lease:
A. Rent partly in money and partly in kind
B. A stipulation to pay government assessment or taxes payable by the lessor
C. A personal agreement by a tenant to pay a certain sum or a certain quantity in
kind to the landlord
D. None of these
Ans. C
67. Which of the following are valid illustrations of an anamolous
mortgage?
A. A possessory mortgage without a conditional sale
B. A possessory mortgage with a right to cause the mortgaged property to sale in
the event of default in payment
C. Both A and B
D. Neither A nor B
Ans. B
68. A transfers property to B for life and after his death to C and D,
equally to be divided between them or to the survivors of them. C dies
during life of B. D survives B. At B’s death the property:
(a) shall pass to D
(b) shall pass to any person
(c) shall pass to person who is specifically named in transfer
(d) none of the above.
Ans. a
69. The provisions of conditional transfer is provided in the Transfer
of Property Act, 1882:
(a) section 25
(b) section 26
(c) section 27
(d) section 29.
Ans. a
70. X transfers Rs.500 to Y on condition that he shall execute a
certain lease within three months after Y’s death, and, if he should
neglect to do so to Z. If Y dies in X’s life time:
(a) the disposition in favour of Z takes effect
(b) the disposition shall not take effect in favour of Z
(c) the disposition requires further conditions
(d) none of the above.
Ans. a
71. X marries to Y but in case she dies in his lifetime, he would
transfer the property to Z. X and Y perish together, under
circumstances which make it impossible to probe that she died before
him. The disposition of property in favour of Z:
(a) does not take effect
(b) takes effect
(c) disposition is subject to another contract
(d) none of the above.
Ans. a
72. Under the provisions of section 29 of the Transfer of Property Act,
1882 an ulterior disposition of the kind contemplated in the provision
of section 28 cannot take effect unless:
(a) condition is strictly fulfilled
(b) condition is not fulfilled
(c) only (b) is correct
(d) none of the above.
Ans. a
73. In case of transfer of property under the Transfer of Property Act,
1882, if the ulterior disposition is not valid then:
(a) the prior disposition is affected by it
(b) the prior disposition is not affected by it
(c) no such condition is prevailed under the Transfer of Property Act, 1882
(d) none of the above.
Ans. b
74. A transfer a garden to B for her life, with a proviso that, in case B
cuts down a certain wood, the transfer shall cease to have any effect.
B cuts down the wood. Decide the case in the light of Transfer of
Property Act, 1882:
(a) B loses his life interest in the firm
(b) B does not lose his life interest in the firm
(c) no such provision is made under the Transfer of Property Act, 1882
(d) none of the above.
Ans. a
75. Under the provisions of section 35 of the Transfer of Property Act,
1882, where a person professes to transfer property which he has no
right to transfer, and as part of the same transaction confers any
benefit on the owner of the property then:
(a) such owner must elect either to confirm such transfer or to dissent from it
(b) such owner can elect to confirm such transfer only
(c) such owner can dissent from transfer only
(d) none of the above.
Ans. a
76. The foundation of doctrine of election under the Transfer of
Property Act, 1882 is that a person taking the benefit of an
instrument:
(a) must bear the burden
(b) must not bear the burden
(c) burden is not the subject of election
(d) none of the above.
Ans. a
77. The rule of election under the Transfer of Property Act, 1882, as
applied to Will is enacted in sections 180 and 192 of the:
(a) Indian Succession Act, 1925
(b) Indian Registration Act, 1908
(c) Sale of Goods Act, 1930
(d) General Clauses Act, 1897.
Ans. a
78. A person is not put to his election, unless he has a proprietary
interest in the property disposed off in derogation of his rights. This is
the subject matter under provisions of:
(a) section 35 of the Transfer of Property Act, 1882
(b) section 35 of the Indian Registration Act, 1908
(c) section 35 of the Indian Succession Act, 1925
(d) General Clauses Act, 1897.
Ans. a
79. Section 37 of the Transfer of Property Act, 1882 refers to
apportionment by estate. In this light, before the Transfer of Property
Act, 1882, when a transfer was severed by the sale of shares in the
version the tenant was still obliged to pay the rent to all shares jointly:
(a) unless an apportionment had been agreed to by all the parties
(b) any party is agreed by all the parties
(c) any two parties are agreed
(d) none of the above.
Ans. a
80. In the Transfer of Property Act, 1882, sections 33 to 37 apply to
both immovable and movable property whereas sections 38 to 53
apply to:
(a) movable property only
(b) immovable property
(c) both immovable and movable property
(d) none of the above.
Ans. b
81. Provisions of section 38 of the Transfer of Property Act, 1882 does
not apply to cases falling under:
(a) benamidars or ostensible owners who can give no title except by estoppel
(b) contingent transfer which is based on happening and not happening of certain
events
(c) perpetual transfer
(d) none of the above.
Ans. a
82. Section 38 of the Transfer of Property Act, 1882, has no
application:
(a) to previous transfer where the transaction is still incomplete
(b) to succeeding transfer where the transaction is to be completed in future
(c) to perpetuity transfer
(d) none of the above.
Ans. a
83. Under section 39 of the Transfer of Property Act, 1882 the
provision is made for transfer where the third person is entitled to
maintenance. In this context the court held that right of maintenance,
even of a Hindu widow, is an identified right which falls short of a
charge. This was decided in case of:
(a) Ramanandan v. Rangammal, (1889) 12 Mad 260
(b) Ram Kumar v. Ram Dai, (1900) 22 All 326
(c) Rachawa v. Shivayogoda, (1893) 18 Bom 679
(d) none of the above.
Ans. a
84. Right to maintenance under the provisions of section 39 of the
Transfer of Property Act, 1882 includes the enhanced maintenance in
future to these if there has been a material change in the
circumstances. This was decided in case of:
(a) Adiveppa v. Tengawzva, (1974) 2 Karn LJ 45
(b) Kaveri v. Parameswari, AIR 1971 Ker 216
(c) Dattatreya v. Julsabai, (1943) Bom 646
(d) Pranlal v. Chapsey, AIR 1945 Bom 34.
Ans. b
85. Within the provisions of section 39 of the Transfer of Property
Act, 1882 the word “maintenance” covers also residence. This was
decided in case of:
(a) Kaveri v. Parameswari, AIR 1971 Ker 216
(b) Ramamurthi v. Kanakaratnam, (1948) Mad 315
(c) Akhoy Kumar v. Corporation of Calcutta, (1915) 42 Cal 625
(d) Maina v. Bachchi, (1906) 26 All 655.
Ans. a
86. Within the meaning of provision under section 39 of the Transfer
of Property Act, 1882 a woman is entitled to maintenance not only
from the husband, but also from sons who are members of joint
family. This was decided in case of:
(a) S. Periaswami v. Chellawal, (1980) 1 Mad LJ 46
(b) Raghvan v. Nagamal, (1979) 1 Mad LJ 172
(c) Chandramna v. Maniam Vankettareddy, AIR 1958 AP 396
(d) Basudev Dey Sarkar v. Chhaya Dey Sarkar, AIR 1991 Cal 399.
Ans. a
87. Section 41 of the Transfer of the Property Act, 1882 applies to
voluntary transfers and has no application to:
(a) court sale
(b) contingent sale
(c) perpetuity sale
(d) price less sale.
Ans. a
88. Under the provisions of section 41 of the Transfer of Property Act,
1882, these are some conditions:
(1) Transferer is the ostensible owner.
(2) He is so by the consent, express or implied, of the real owner.
(3) Transfer is for consideration.
(4) Transferee has acted in good faith, taking reasonable care to ascertain that the
transferer had power to transfer.
(a) only (1) and (2) are required
(b) only (1), (2) and (3) are required
(c) only (3) and (4) are required
(d) all are required.
Ans. d
89. Possession of a manager cannot be treated as ostensible
ownership with the consent of the real owner. This was held in case
of:
(a) Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273
(b) Ved Kumar v. Union of India, AIR 1989 NOC 136
(c) Motimul Sowvar v. Vijalakshi Ammal, AIR 1965 Mad 432
(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.
Ans. a
90. Inaccuracy in the recitals describing the property:
(a) cannot whitle down the effect of clear recitals in the documents about the
property to be sold thereby
(b) can whitle down the effect of clear recitals in the document about the property
to be sold thereby
(c) cannot depend upon the inaccuracy or accuracy of recital describing property
(d) none of the above.
Ans. a
91. Under section 42 of the Transfer of Property Act, 1882 if a person
has a right to transfer property, after exercising a right to revoke a
previous transfer, a transfer of such property by him will imply an
exercise of:
(a) right of revocation
(b) right of transfer
(c) right of surrender
(d) none of the above.
Ans. a
92. Section 43 of the Transfer of Property Act, 1882 enables a
transferee to whom a transferer has made a fraudulent or erroneous
representation to lay hold, at his option, of any interest:
(a) which the transferor may subsequently acquire with property, provided he
does not adversely affect the right of any subsequent purchaser for value without
notice
(b) which the transferee may rescind the proceeding
(c) which both transferor and transferee rescind
(d) none of the above.
Ans. a
93. In order to get the benefit of the section 43 of the Transfer of
Property Act, 1882 some conditions are necessary:
(1) Contract of transfer was made by a person who was competent to contract.
(2) Contract would be subsisting at the time when a claim for recovery of the
property is made.
(a) both (1) and (2) necessary
(b) only (1) is necessary
(c) only (2) is necessary.
(d) none of the above.
Ans. a
94. Section 44 of the Transfer of Property Act, 1882, deals with:
(a) transfer by two co-owner
(b) transfer by one co-owner
(c) transfer by 3 co-owners
(d) transfers by all co-owners.
Ans. b
95. When one of several co-owners transfers his share, the transferee
acquires as against the other co-owners the same rights that of
transferor had but is subject to any condition and liabilities affecting
the share at the date of transfer. This is the provision under:
(a) section 40 of the Transfer of Property Act, 1882
(b) section 41 of the Transfer of Property Act, 1882
(c) section 42 of the Transfer of Property Act, 1882
(d) section 44 of the Transfer of Property Act, 1882.
Ans. d
96. The provision for the joint transfer for consideration is dealt in:
(a) section 45 of the Transfer of Property Act, 1882
(b) section 46 of the Transfer of Property Act, 1882
(c) section 46 of the Transfer of Property Act, 1882
(d) none of the above.
Ans. a
97. Presumption of equity pertains to:
(a) section 45 of the Transfer of Property Act, 1882
(b) section 46 of the Transfer of Property Act, 1882
(c) section 47 of the Transfer of Property Act, 1882
(d) section 48 of the Transfer of Property Act, 1882.
Ans. a
98. Under the provisions of the Transfer of Property Act, 1882, where
immovable property is transferred for consideration by persons
having distinct interests therein, the transferors are:
(a) entitled to share in the considerations equally
(b) entitled to share unequally
(c) entitled to share equally but subject to further
(d) none of the above.
Ans. a
99. Where several co-owners of immovable property transfer a share
therein without specifying that the transfer is to take effect on any
particular share or shares of the transfers, the transfer, as among
such transferors, takes effect on such share:
(a) inequally where the shares were equal and where they are unequal
proportionally to the extent of such shares
(b) equally where the share were equal and where they are unequal
proportionately to the extent of such shares
(c) only (a) is correct
(d) none of the above.
Ans. b
100. Which of the following statements will hold true regarding
exchange under the Transfer of Property Act, 1882?
A. All the liabilities and responsibilities under normal sale apply to exchange
B. All the liabilities and responsibilities under normal sale apply to exchange,
subject to provisions of section 119 and 121 of the Act
C. No liability and responsibility under normal sale will apply to exchange unless
specifically stated
D. Liabilities and responsibilities under normal sale will not apply to exchange
under any circumstances
Ans. B
101. 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
102. 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
103. 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
104. 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
105. 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
106. Which of the following statements will hold true regarding
exchange under the Transfer of Property Act, 1882?
A. All the liabilities and responsibilities under normal sale apply to exchange
B. All the liabilities and responsibilities under normal sale apply to exchange,
subject to provisions of section 119 and 121 of the Act
C. No liability and responsibility under normal sale will apply to exchange unless
specifically stated
D. Liabilities and responsibilities under normal sale will not apply to exchange
under any circumstances
Ans. B
107. 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
108. 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
109. 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
110. 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
111. 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
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