Q. What are ‘Attestation’, and ‘Notice’, and ‘Execution of a document’?
Ans. Attestation:- Attestation of a document ensures the authenticity of the truthfulness of its execution. it confirms the executant that none else has executed the document and it confirms that the executants have executed the document with free consent and there was no force, fraud, or undue influence.
Notice:- Notice means direct or express knowledge or information about something actual. Notice is a matter of fact. Whether a person has actual notice of a fact or not can itself be proved or disproved on the basis of certain other facts. Express notice is binding on a person only under certain conditions.
Q. What is ‘Constructive Notice’?
Ans. When a person actually does not know anything about the fact but the court treats that under the circumstances, he must be deemed to have knowledge of that fact, this is called constructive notice.
Q. What is an ‘Actionable Claim’?
Ans. Actionable Claim means unsecured money debt and a claim to beneficial interest in movable property not in possession of the claimant.
(1) debts,
(2) benefits of the contract,
(3) damages for breach of contract or tort, and
(4) stocks, shares, debentures, patents, copyrights, and trademarks; but not a bare right to
Q. What do you mean by Relinquishment?
Ans. Relinquishment means giving up one’s rights or interests. This is not a transfer of property. Its effect is the extinction of one’s rights in a property.
Q. Distinction between ‘Right to Sue’ and ‘Actionable claim?
Ans. The actionable claim is a claim for a certain amount of money that can be transferred. Though the right to sue for uncertain or indefinite sums of money is not transferred.
Q. Can a person transfer property to himself?
Ans. For the purpose of the transfer of property, two living persons are required, the transferor and the transferee. Hence one cannot transfer a property to himself, but one can transfer a property to himself in some other capacity like when a person converts his property into trust.
Q. What is ‘Spes Succession’?
Ans. Spes Succession means the expectation of succession. The expectation of succession is expecting or having a chance of getting a property through a succession
Q. Explain Rules against perpetuity?
Ans. The rule against perpetuity is the rule which is against a transfer making the property in alienable for an indefinite period or forever.
Q. Doctrine of Accumulation?
Ans. Doctrine of Accumulation is based on the theme that restraining the free enjoyment of the property’s incidental benefit such as rents, produces, or profits.
Q. Which provision of the TPA is concerned with the rights of mesne mortgagee?
Ans. Section 94 of TPA.
Q. What do you mean by Surrender?
Ans. Surrender means merging a lesser interest with a greater interest in such a manner that the greater interest is not enlarged.
Q. What is ‘Part-performance’? Which section of the Specific Relief Act provides a remedy for the Part-performance?
Ans. The doctrine of part performance is a very important provision under TPA. According to this provision a person must have contracted to transfer immovable property for a consideration. The transfer should be in writing and duly signed by either the transferor or his agent from the terms of the document, it should be reasonably certain that the intent of the parties is to transfer the immovable property from the transferor to the transferee. Section 15 of the specific relief Act is concerned with part performance.
Q. What is the difference between ‘Sale’ and ‘Lease’?
Ans. A sale is an agreement in which property is transferred from seller to buyer for a fixed price. Though the lease is rented property.
Q. Right of Foreclosure when arises?
Ans. The right of foreclosure or sale arises when the mortgage money becomes due.
Q. What is equitable mortgage and English mortgage?
Ans. An equitable mortgage means a mortgage that does not satisfy the all requirements of a legal mortgage as per the law in force but is nevertheless entered into as per agreement. it gives the necessary right to the mortgagee to file suit or nonpayment.
In English mortgage, the mortgagor sells the property to the mortgagee but the mortgagee has the obligation to sell the property back to the mortgagor if the debt secured by the mortgage is discharged as per its terms.
Q. What is redemption? What is the meaning of ‘Clog’ on the equity of a mortgage?
Ans. Clog on redemption means a condition or stipulation which prevents the mortgagor from redeeming the mortgaged property on payment of the loan. Equity does not permit any falters or clogs on mortgagor’s right of redemption and holds that once a mortgage, always a mortgage. Aclog on equity of redemption is void.
Q. What is the difference between Marshalling and Contribution?
Ans. Marshaling means arranging things through contribution means providing money for a common fund.
Q. What is the difference between ‘Lease’ and ‘Licence’?
Ans. Lease is transfer of the right of enjoyment in an immovable property. Licence on the other hand, is the right of a person to use the land of another while it remains in possession of the latter.
Q. What is ‘Holding over’?
Ans. Section 116 of TPA provides that if a lease remains in possession after the determination of the lease and lesser accepts the rent or otherwise assents to his possession then in the absence of any contrary agreement the lease is deemed to be year-to-year or month-to-month lease. This is effect of Holding over.
Q. Which kinds of Lease shall be compulsorily registered?
Ans. Under section 107 of TPA, the following kinds of leases shall be compulsorily registered.
1. Leases from year to year.
2. Leases for a term exceeding the year.
3. Leases reserving a yearly rent.
4. Permanent leases.
Q. What are ‘Onerous Gift’ and ‘Universal Donee’?
Ans. An onerous gift is a gift of such property which is burdened with liabilities. It is a gift of nonbeneficial property.
The universal gift is a gift consisting of the donor’s whole property; the donee is personally liable for all the debts and liabilities of the doner due at the time of the gift.
Q. How many chapters and sections are contained in the Transfer of Property Act?
Ans. VIII chapters and 137 sections.
Q. Whether the Transfer of Property Act is exhaustive?
Ans. No, the Transfer of Property Act is not exhaustive.
Q. What do you mean by actionable claim?
Ans. This is a claim to any debt and whether existent, accruing, conditional or contingent.
Q. Whether lottery tickets are goods or actionable claims?
Ans. Lottery tickets are both goods and actionable claims.
Q. What do you mean by transfer?
Ans. The transfer means a process or an act by which something is made over to another.
Q.Whether the family arrangement is transferred?
Ans. In the process of family arrangement, it does not involve any transfer.
Q. What do you mean by family settlement and family arrangement?
Ans. Both the terms are interchangeable though the term family settlement is a legal terminology whereas family arrangement is a term that is usually made use of without meaning anything significant to the contrary of family settlement.
Q. Do you agree that surrender is a transfer?
Ans. Yes, I agree that surrender is a transfer.
Q. What is the difference between condition and limitation?
Ans. The limitation of the transfer is called a condition.
Q. What is the difference between a sale and an agreement to sell?
Ans. Sale is an executed contract whereas agreement to sell is an executory contract.
Q. What do you mean by mortgage?
Ans. A mortgage is a transfer of interest in specific immovable property as security for the repayment of a debt.
Q. How many types of mortgages?
Ans. 1. Simple mortgage
2. Mortgage by conditional sale.
3. Usufructuary mortgage.
4. English mortgage.
5. Equitable mortgage.
6. Anomalous mortgage.
Q. What do you mean by the right of redemption?
Ans. A right which a mortgagor may seek to enforce, and not a liability which he may compelled to discharge.
Q. Define Subrogation and how many kinds of Subrogation.
Ans. Subrogation means substitution. The principle underlying subrogation is who seek equity must do equity.
There are two types of subrogation:
1. Legal Subrogation
2. Conventional Subrogation.
Q. What do you mean by exchange?
Ans. Exchange is the mutual transfer of ownership of one thing for the ownership of another.
Q. Whether exchange of money is given in TPA?
Ans. Section 121 of the TP Act describes exchange of money.
On the exchange of money, each party thereby warrants the genuineness of the money given by him.
Q. How many types of Gifts?
Ans. 1. Gift intervivos.
2. Gift Mortis Causa
3. Gift by will.
Q. Whether gift given under Transfer of Property Act is intervivous or mortis cause?
Ans. Intervivos.
Q. What is an essential gift?
Ans. 1. The absence of consideration
2. The donors
3. The donee
4. The subject matter.
5. The transfer.
6. acceptance.
Q. What happens when a gift comprises both existing and future property?
Ans. Under section 124 of the Transfer of Property Act. Such a gift is void.
Q. Onerous gift when accepted by a minor?
Ans. A minor though not competent to contract may be a donee, but on attaining majority he has the right to repudiate the gift. If he retains the property after attaining majority is estopped from repudiating.
Q. What is the meaning of “Priorest tempore poorest jure”?
Ans. One which is first in time is better in law.
Q. Whether contingent interest may be transferred?
Ans. A contingent interest not being a mere possibility is a well-recognized form of property that is capable of being transferor.
Q. B makes a gift to X, Y, and H. X and Y accept while Z refuses. What happens to the gift?
Ans. Under section 125 of the TPA,the gift is void only, and the one-third interests which Z would have taken if he accepted the gift. So X and Y can claim each his one-third share of the gifted property.
Q. What do you mean by onerous gift?
Ans. A gift may be made of one thing or of several things to the same person at one time. It may also be made of several things independently of each other.
Q. Who is Universal donee?
Ans. A universal do one is a person who gets all the properties, moveable or immovable of the donor under a gift. Where donor makes a gift of his whole property without retaining anything for himself, the donee is called a universal done.
Read more: Constitution Law Part 2
Transfer of Property Act
