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Transfer of Property Act MCQs for CLAT PG, Page 3

CLAT PG Transfer of Property Act questions 54-80 of 80, with answer keys and explanations covering sale, mortgage, lease, gift, exchange, actionable claims, lis pendens, election, and part performance.

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Revise core LLB subjects through CLAT PG MCQs, passage-led questions, answer keys, explanations, statutes, and exam-oriented legal principles.

  • Attestation, Animo Attestandi, Pardanashin Women5
  • Condition Restraining Alienation, Section 10, Absolute vs Partial Restraint5
  • Conditional Transfers, Restraint on Alienation, Transfer for Unborn Persons5
  • Doctrine of Notice, Constructive Notice, Actual Possession5
  • Doctrine of Notice, Constructive Notice, Lis Pendens, Priority5
  • Doctrine of Part Performance, Section 53A TPA5
  • Gift Sections 122-123, Lis Pendens Section 52, Ostensible Owner Section 415
  • Gift Sections 122-126, Attestation Advanced, Immovable Property Nuances5
  • Immovable Property, Doctrine of Fixtures, Profit a Prendre5
  • Lease Section 105, Determination Section 111, Holding Over Section 1165
  • Lease vs License, Determination, Holdover Section 1165
  • Mortgage Types Section 58, Equity of Redemption Section 605
  • Mortgage Types, Equity of Redemption, Clog on Equity5
  • Sale Section 54, Rights of Seller and Buyer Section 555
  • Transfer of Property - General Principles, Capacity, Section 8, Section 53A5
  • Transfer of Property Section 5, Partition, Will, Doctrine of Feeding the Estoppel Section 435
Passage or principleTPA Sections 105-116; Associated Hotels v R.N. Kapoor; Delta International; B.V. DSouza

The distinction between a lease under Section 105 of the Transfer of Property Act, 1882 and a license under the Indian Easements Act, 1882 is of fundamental importance in Indian property law. In Associated Hotels of India v. R.N. Kapoor (AIR 1959 SC 1262), the Supreme Court laid down the test: if a document gives only a right to use the property in a particular way while it remains in the possession and control of the owner, it is a licence; but if it grants a right to occupy the property conferring exclusive possession upon the grantee, the document is a lease. A lease creates an interest in property while a licence creates merely a personal right. In Delta International Ltd. v. Shyam Sunder Ganeriwalla (AIR 1999 SC 2607), the Supreme Court held that courts must look at the substance of the arrangement, not its label: a document called a "leave and license" that in substance grants exclusive possession for a definite term is a lease. Section 111 of the TPA provides eight modes of determination of a lease. Under Section 116, if a lessee holds over after the determination of the lease and the lessor accepts rent or otherwise assents to continued possession, the lease is renewed from year to year (for agricultural or manufacturing purposes) or from month to month (for other purposes), creating a fresh implied tenancy. In B.V. D'Souza v. Antonio Fausto Fernandes (AIR 1989 SC 1816), the Supreme Court held that once the lessor properly terminates the holdover tenancy by valid notice and seeks eviction, a lessee who continues in possession is a wrongful occupant liable for mesne profits at the market rate, not merely at the contracted rent.

Question 54MediumLease vs License, Determination, Holdover Section 116

In B.V. D'Souza v. Antonio Fausto Fernandes, once the lessor properly terminates the holdover tenancy and seeks eviction, a lessee continuing in possession is liable for?

  1. A

    Only the contracted rent amount, as their occupancy is still technically under the old lease

  2. B

    Double the contracted rent as a statutory penalty for holding over

  3. C

    Nothing, as the lessor must complete eviction proceedings before any claim arises

  4. D

    Mesne profits at the market rate, not merely at the contracted rent

View answer and explanation

Correct answer: D. Mesne profits at the market rate, not merely at the contracted rent

The passage states: "a lessee who continues in possession is a wrongful occupant liable for mesne profits at the market rate, not merely at the contracted rent."

Source note: TPA Sections 105-116; Associated Hotels v R.N. Kapoor; Delta International; B.V. DSouza

Question 55EasyLease vs License, Determination, Holdover Section 116

Section 111 of the TPA as mentioned in the passage provides how many modes of determination of a lease?

  1. A

    Eight modes

  2. B

    Five modes

  3. C

    Six modes

  4. D

    Seven modes

View answer and explanation

Correct answer: A. Eight modes

The passage states: "Section 111 of the TPA provides eight modes of determination of a lease."

Source note: TPA Sections 105-116; Associated Hotels v R.N. Kapoor; Delta International; B.V. DSouza

Passage or principleTPA Sections 58, 60; Ganga Dhar v. Shankar Lal; Pomal Kanji Govindji

Section 58 of the Transfer of Property Act, 1882 defines a mortgage as the transfer of an interest in specific immovable property for the purpose of securing payment of money advanced by way of loan, an existing or future debt, or performance of an engagement giving rise to pecuniary liability. Section 58 recognises six types: simple mortgage (mortgagor binds himself personally to repay; no possession transferred; mortgagee can obtain court-ordered sale on default); mortgage by conditional sale (ostensible sale with conditions of default and defeasance); usufructuary mortgage (possession delivered to mortgagee to repay himself from rents and profits; no personal liability; no foreclosure); English mortgage (absolute transfer to mortgagee with covenant to retransfer on repayment); mortgage by deposit of title deeds or equitable mortgage (deposit of title deeds in notified towns to create security); and anomalous mortgage (any other form). Section 60 provides the mortgagor the right to redeem the property upon repayment. The maxim "once a mortgage always a mortgage" means any condition clogging the equity of redemption is void. In Ganga Dhar v. Shankar Lal (1958 SC), an 85-year term was upheld as not itself a clog, but a condition deeming the mortgage a sale deed if not redeemed within six months after the 85-year period was struck down as a clog. In Pomal Kanji Govindji v. Vrajlal Karsandas Purohit (1989 SC), a 99-year mortgage requiring all interest to be paid only at redemption was held a clog because redemption was practically impossible.

Question 56EasyMortgage Types Section 58, Equity of Redemption Section 60

According to the passage, how many types of mortgage does Section 58 TPA recognise?

  1. A

    Three

  2. B

    Four

  3. C

    Eight

  4. D

    Six

View answer and explanation

Correct answer: D. Six

The passage states: "Section 58 recognises six types: simple mortgage...mortgage by conditional sale...usufructuary mortgage...English mortgage...mortgage by deposit of title deeds or equitable mortgage...and anomalous mortgage."

Source note: TPA Sections 58, 60; Ganga Dhar v. Shankar Lal; Pomal Kanji Govindji

Question 57EasyMortgage Types Section 58, Equity of Redemption Section 60

What does the maxim "once a mortgage always a mortgage" mean as explained in the passage?

  1. A

    Any condition clogging the equity of redemption (preventing the mortgagor from getting back their property on repayment) is void

  2. B

    A mortgage cannot be converted into a lease or gift

  3. C

    A mortgage remains valid even after the debt is repaid

  4. D

    Only a court can terminate a mortgage

View answer and explanation

Correct answer: A. Any condition clogging the equity of redemption (preventing the mortgagor from getting back their property on repayment) is void

The passage states: "The maxim once a mortgage always a mortgage means any condition clogging the equity of redemption is void."

Source note: TPA Sections 58, 60; Ganga Dhar v. Shankar Lal; Pomal Kanji Govindji

Question 58MediumMortgage Types Section 58, Equity of Redemption Section 60

In Ganga Dhar v. Shankar Lal, what was the outcome regarding the 85-year term and the condition deeming the mortgage a sale deed if not redeemed in time?

  1. A

    Both the 85-year term and the conditional sale clause were struck down as clogs

  2. B

    Both were upheld as valid conditions freely agreed to by parties

  3. C

    The 85-year term was upheld as not itself a clog, but the condition deeming the mortgage a sale deed was struck down as a clog on equity of redemption

  4. D

    The 85-year term was reduced to 30 years and the conditional sale clause was upheld

View answer and explanation

Correct answer: C. The 85-year term was upheld as not itself a clog, but the condition deeming the mortgage a sale deed was struck down as a clog on equity of redemption

The passage states: "an 85-year term was upheld as not itself a clog, but a condition deeming the mortgage a sale deed if not redeemed within six months after the 85-year period was struck down as a clog."

Source note: TPA Sections 58, 60; Ganga Dhar v. Shankar Lal; Pomal Kanji Govindji

Question 59MediumMortgage Types Section 58, Equity of Redemption Section 60

What differentiates a usufructuary mortgage from a simple mortgage according to the passage?

  1. A

    In usufructuary mortgage the mortgagee can foreclose; in simple mortgage the mortgagee cannot

  2. B

    In usufructuary mortgage possession is delivered to the mortgagee who repays himself from rents; in simple mortgage no possession is transferred and the mortgagee relies on court-ordered sale

  3. C

    Simple mortgage requires registration; usufructuary mortgage does not

  4. D

    In simple mortgage the mortgagor has personal liability; in usufructuary mortgage the court may impose liability

View answer and explanation

Correct answer: B. In usufructuary mortgage possession is delivered to the mortgagee who repays himself from rents; in simple mortgage no possession is transferred and the mortgagee relies on court-ordered sale

The passage states simple mortgage: "no possession transferred; mortgagee can obtain court-ordered sale on default." Usufructuary mortgage: "possession delivered to mortgagee to repay himself from rents and profits; no personal liability; no foreclosure."

Source note: TPA Sections 58, 60; Ganga Dhar v. Shankar Lal; Pomal Kanji Govindji

Question 60HardMortgage Types Section 58, Equity of Redemption Section 60

Why was the 99-year mortgage in Pomal Kanji Govindji v. Vrajlal Karsandas Purohit held to be a clog?

  1. A

    Because 99 years exceeds the maximum mortgage period allowed by law

  2. B

    Because the mortgagee had taken possession unlawfully

  3. C

    Because the mortgage was anomalous rather than one of the standard types

  4. D

    Because all interest was to be paid only at redemption after 99 years, making redemption practically impossible

View answer and explanation

Correct answer: D. Because all interest was to be paid only at redemption after 99 years, making redemption practically impossible

The passage states: "a 99-year mortgage requiring all interest to be paid only at redemption was held a clog because redemption was practically impossible."

Source note: TPA Sections 58, 60; Ganga Dhar v. Shankar Lal; Pomal Kanji Govindji

Passage or principleTPA Sections 58-60; Ganga Dhar v Shankar Lal; Pomal Kanji Govindji; Shivdev Singh

Section 58 of the Transfer of Property Act, 1882 defines a mortgage as the transfer of an interest in specific immovable property for securing the payment of money advanced by way of loan, an existing or future debt, or the performance of an engagement giving rise to pecuniary liability. Section 58 recognises six types of mortgage. In a simple mortgage, the mortgagor binds himself personally to pay and gives the mortgagee a power to cause the property to be sold through court intervention upon default; no possession is transferred to the mortgagee. In a usufructuary mortgage, the mortgagor delivers possession to the mortgagee who is to retain it until repayment and to receive rents and profits in lieu of interest or in payment of the mortgage money; the mortgagor incurs no personal liability unless separately agreed, and the mortgagee has neither the right to foreclose nor to cause the property to be sold. In an English mortgage under Section 58(e), the mortgagor transfers the property absolutely to the mortgagee subject to a proviso that the mortgagee will retransfer it upon repayment. Section 60 provides the mortgagor the right to redeem the mortgage upon payment of mortgage money, interest, and costs. Any condition clogging the equity of redemption, i.e., making redemption illusory or preventing it altogether, is void. The doctrine "once a mortgage always a mortgage" encapsulates this principle. In Ganga Dhar v. Shankar Lal (AIR 1958 SC 770), an 85-year mortgage term was upheld but a condition that the mortgage would be deemed a sale deed if not redeemed within six months after the 85-year period was struck down as a clog. In Pomal Kanji Govindji v. Vrajlal Karsandas Purohit (AIR 1989 SC 436), a 99-year mortgage with all interest payable only at redemption was held to be a clog on equity of redemption as it made redemption practically impossible. In Shivdev Singh v. Sucha Singh (AIR 2000 SC 1935), a 99-year usufructuary mortgage for a meagre sum was held to be a clog on equity of redemption given the financial disparity between the parties.

Question 61EasyMortgage Types, Equity of Redemption, Clog on Equity

According to the passage, in a usufructuary mortgage what is the mortgagee not entitled to do?

  1. A

    Receive rents and profits from the mortgaged property

  2. B

    Retain possession of the property until repayment

  3. C

    Retain possession in lieu of interest on the mortgage money

  4. D

    Neither foreclose nor cause the property to be sold through court

View answer and explanation

Correct answer: D. Neither foreclose nor cause the property to be sold through court

The passage states: "the mortgagee has neither the right to foreclose nor to cause the property to be sold." The other options describe rights the usufructuary mortgagee DOES have.

Source note: TPA Sections 58-60; Ganga Dhar v Shankar Lal; Pomal Kanji Govindji; Shivdev Singh

Question 62EasyMortgage Types, Equity of Redemption, Clog on Equity

The doctrine "once a mortgage always a mortgage" as described in the passage means?

  1. A

    Any condition clogging the equity of redemption (making redemption illusory or preventing it) is void

  2. B

    Only one mortgage can subsist on a property at any given time

  3. C

    A mortgage cannot be converted into any other type of security

  4. D

    A mortgage automatically becomes a sale after 30 years

View answer and explanation

Correct answer: A. Any condition clogging the equity of redemption (making redemption illusory or preventing it) is void

The passage states: "Any condition clogging the equity of redemption, i.e., making redemption illusory or preventing it altogether, is void. The doctrine once a mortgage always a mortgage encapsulates this principle."

Source note: TPA Sections 58-60; Ganga Dhar v Shankar Lal; Pomal Kanji Govindji; Shivdev Singh

Question 63HardMortgage Types, Equity of Redemption, Clog on Equity

In Ganga Dhar v. Shankar Lal, an 85-year term was upheld but a condition converting the mortgage to a sale deed on non-redemption was struck down. What is the principle?

  1. A

    Long mortgage terms are always clogs on equity of redemption

  2. B

    All mortgages must have a fixed redemption period not exceeding 30 years

  3. C

    A long term is not per se a clog; but a condition that converts the mortgage into an absolute sale (extinguishing the right to redeem) is a clog even if the long term is permissible

  4. D

    The 85-year term itself was struck down as a clog

View answer and explanation

Correct answer: C. A long term is not per se a clog; but a condition that converts the mortgage into an absolute sale (extinguishing the right to redeem) is a clog even if the long term is permissible

The passage states: "an 85-year mortgage term was upheld but a condition that the mortgage would be deemed a sale deed if not redeemed within six months after the 85-year period was struck down as a clog." This shows the distinction: the term is upheld but the condition converting to a sale is a clog.

Source note: TPA Sections 58-60; Ganga Dhar v Shankar Lal; Pomal Kanji Govindji; Shivdev Singh

Question 64MediumMortgage Types, Equity of Redemption, Clog on Equity

What made the 99-year mortgage in Pomal Kanji Govindji v. Vrajlal Karsandas Purohit a clog on equity of redemption?

  1. A

    The 99-year term alone was excessively long

  2. B

    All interest was payable only at redemption after 99 years, making redemption practically impossible

  3. C

    The mortgagee had taken possession of the property

  4. D

    The mortgage was not registered

View answer and explanation

Correct answer: B. All interest was payable only at redemption after 99 years, making redemption practically impossible

The passage states: "a 99-year mortgage with all interest payable only at redemption was held to be a clog on equity of redemption as it made redemption practically impossible." The combined effect of the term plus the deferred interest payment structure made redemption impossible in practice.

Source note: TPA Sections 58-60; Ganga Dhar v Shankar Lal; Pomal Kanji Govindji; Shivdev Singh

Question 65MediumMortgage Types, Equity of Redemption, Clog on Equity

In an english mortgage under Section 58(e) as described in the passage, which statement correctly describes the position of the mortgagee?

  1. A

    The mortgagee receives possession and rents from the property

  2. B

    The mortgagee has only a contractual right to receive payment, with no real rights in the property

  3. C

    The mortgagee and mortgagor share equal ownership during the mortgage period

  4. D

    The mortgagee holds absolute legal title to the property, subject to the proviso to retransfer it upon repayment by the mortgagor

View answer and explanation

Correct answer: D. The mortgagee holds absolute legal title to the property, subject to the proviso to retransfer it upon repayment by the mortgagor

The passage states: "In an English mortgage under Section 58(e), the mortgagor transfers the property absolutely to the mortgagee subject to a proviso that the mortgagee will retransfer it upon repayment." The mortgagee therefore holds absolute title subject to the reconveyance proviso.

Source note: TPA Sections 58-60; Ganga Dhar v Shankar Lal; Pomal Kanji Govindji; Shivdev Singh

Passage or principleTPA Sections 54, 55

Section 54 of the Transfer of Property Act, 1882 defines sale as a transfer of ownership in exchange for a price paid, promised, or partly paid and partly promised. For immovable property of value Rs. 100 or more, sale is effected only by a registered instrument. An agreement to sell immovable property does not of itself create any interest in or charge on such property. Section 55 sets out rights and liabilities of seller and buyer. The seller must: disclose to the buyer material defects in property or title which the seller knows but which the buyer could not discover by ordinary care; produce title documents for examination; answer relevant questions about title; execute a proper conveyance; and pay outgoings before completion. The seller has a charge on the property for unpaid purchase money after ownership passes to the buyer (Section 55(4)(b)). The buyer must disclose to the seller facts materially increasing the value of the property which the buyer knows but the seller does not. The buyer has a charge on the property in the seller's hands for purchase money paid before completion (Section 55(6)(b)). These seller and buyer charges are statutory liens protecting each party pending completion.

Question 66EasySale Section 54, Rights of Seller and Buyer Section 55

According to the passage, what form is required to effect a sale of immovable property valued at Rs. 100 or more?

  1. A

    A registered instrument

  2. B

    A written agreement adequately stamped

  3. C

    An oral agreement followed by possession

  4. D

    A notarized document

View answer and explanation

Correct answer: A. A registered instrument

The passage states: "For immovable property of value Rs. 100 or more, sale is effected only by a registered instrument."

Source note: TPA Sections 54, 55

Question 67EasySale Section 54, Rights of Seller and Buyer Section 55

According to the passage, what is the effect of an agreement to sell immovable property under Section 54?

  1. A

    Title passes to the buyer immediately on execution

  2. B

    A charge is automatically created in the buyer's favour

  3. C

    The agreement does not of itself create any interest in or charge on such property

  4. D

    The buyer acquires equitable ownership

View answer and explanation

Correct answer: C. The agreement does not of itself create any interest in or charge on such property

The passage states: "An agreement to sell immovable property does not of itself create any interest in or charge on such property."

Source note: TPA Sections 54, 55

Question 68MediumSale Section 54, Rights of Seller and Buyer Section 55

Under Section 55 as described in the passage, what is the seller's duty regarding defects in the property?

  1. A

    The seller must guarantee the property against all defects

  2. B

    The seller must disclose material defects in property or title which the seller knows but which the buyer could not discover by ordinary care

  3. C

    The seller need not disclose any defects under the principle of caveat emptor

  4. D

    The seller must disclose all defects including those discoverable by the buyer

View answer and explanation

Correct answer: B. The seller must disclose material defects in property or title which the seller knows but which the buyer could not discover by ordinary care

The passage states: "The seller must: disclose to the buyer material defects in property or title which the seller knows but which the buyer could not discover by ordinary care."

Source note: TPA Sections 54, 55

Question 69MediumSale Section 54, Rights of Seller and Buyer Section 55

What is the buyer's corresponding disclosure duty under Section 55 as described in the passage?

  1. A

    The buyer must disclose all information they have about the property

  2. B

    The buyer has no disclosure obligation

  3. C

    The buyer must disclose defects they discover during inspection

  4. D

    The buyer must disclose facts materially increasing the value of the property which the buyer knows but the seller does not

View answer and explanation

Correct answer: D. The buyer must disclose facts materially increasing the value of the property which the buyer knows but the seller does not

The passage states: "The buyer must disclose to the seller facts materially increasing the value of the property which the buyer knows but the seller does not."

Source note: TPA Sections 54, 55

Question 70HardSale Section 54, Rights of Seller and Buyer Section 55

Based on the passage, if a seller delivers possession before receiving full payment, what protection does the seller have?

  1. A

    The seller has a statutory lien (charge) on the property for unpaid purchase money under Section 55(4)(b)

  2. B

    The seller can repossess the property without court proceedings

  3. C

    The seller can rescind the sale

  4. D

    The seller can demand double the unpaid amount

View answer and explanation

Correct answer: A. The seller has a statutory lien (charge) on the property for unpaid purchase money under Section 55(4)(b)

The passage states: "The seller has a charge on the property for unpaid purchase money after ownership passes to the buyer (Section 55(4)(b))." These are described as "statutory liens protecting each party pending completion."

Source note: TPA Sections 54, 55

Passage or principleTPA Sections 5, 7, 8, 9, 53A; V.N. Sarin v Ajit Poplai; Kenneth Solomon v Dan Singh

Section 5 of the Transfer of Property Act, 1882 defines transfer of property as an act by which a living person conveys property in present or in future to one or more other living persons or to himself. The word "living person" includes companies, associations, or bodies of individuals whether incorporated or not. Section 7 provides that every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property. Section 8 provides that unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is capable of passing and all the legal incidents thereof including appurtenant easements, rents, profits, and things attached to the earth. Partition of joint family property does not amount to transfer under Section 5, as held in V.N. Sarin v. Ajit Kumar Poplai (AIR 1966 SC 432), because each coparcener already has an antecedent title and partition merely crystallises individual shares without creating new rights. A Will does not amount to transfer under Section 5 because it operates after the death of the testator, as held in Kenneth Solomon v. Dan Singh Bawa (AIR 1986 Del 1). Section 53A embodies the doctrine of part performance: where a person contracts to transfer immovable property for consideration by a writing signed by the transferor, and the transferee has taken possession in part performance of the contract, the transferor is debarred from enforcing any right against the transferee in respect of the property. Section 53A operates as a shield (defence) not a sword (source of title), and after the Registration and Other Related Laws (Amendment) Act, 2001, the contract must also be registered for Section 53A protection to apply.

Question 71EasyTransfer of Property - General Principles, Capacity, Section 8, Section 53A

According to the passage, partition of joint family property does not amount to transfer under Section 5 TPA because?

  1. A

    TPA does not apply to Hindu joint family property

  2. B

    Each coparcener already has an antecedent title; partition merely crystallises individual shares without creating new rights

  3. C

    Partition requires court approval and is therefore not a voluntary act

  4. D

    Joint family property has a special exemption under Section 2 TPA

View answer and explanation

Correct answer: B. Each coparcener already has an antecedent title; partition merely crystallises individual shares without creating new rights

The passage states: "partition merely crystallises individual shares without creating new rights." The antecedent title of each coparcener means no new title is created by partition.

Source note: TPA Sections 5, 7, 8, 9, 53A; V.N. Sarin v Ajit Poplai; Kenneth Solomon v Dan Singh

Question 72EasyTransfer of Property - General Principles, Capacity, Section 8, Section 53A

According to the passage, a will does not constitute a transfer under Section 5 TPA because?

  1. A

    Wills do not involve consideration and are therefore excluded

  2. B

    Wills are governed by the Indian Succession Act and therefore excluded from TPA

  3. C

    A Will is revocable and therefore cannot create a present right

  4. D

    A Will operates after the death of the testator, not inter vivos as required by Section 5

View answer and explanation

Correct answer: D. A Will operates after the death of the testator, not inter vivos as required by Section 5

The passage states: "A Will does not amount to transfer under Section 5 because it operates after the death of the testator."

Source note: TPA Sections 5, 7, 8, 9, 53A; V.N. Sarin v Ajit Poplai; Kenneth Solomon v Dan Singh

Question 73MediumTransfer of Property - General Principles, Capacity, Section 8, Section 53A

Under Section 8 TPA as described in the passage, what passes automatically to the transferee without express mention?

  1. A

    All the interest the transferor is capable of passing and all the legal incidents thereof including appurtenant easements, rents, profits, and things attached to earth

  2. B

    Only the rights explicitly listed in the transfer deed

  3. C

    Only the physical property; all intangible rights must be separately transferred

  4. D

    Only those rights specifically required for the stated purpose of the transfer

View answer and explanation

Correct answer: A. All the interest the transferor is capable of passing and all the legal incidents thereof including appurtenant easements, rents, profits, and things attached to earth

The passage states: "a transfer of property passes forthwith to the transferee all the interest which the transferor is capable of passing and all the legal incidents thereof including appurtenant easements, rents, profits, and things attached to the earth."

Source note: TPA Sections 5, 7, 8, 9, 53A; V.N. Sarin v Ajit Poplai; Kenneth Solomon v Dan Singh

Question 74MediumTransfer of Property - General Principles, Capacity, Section 8, Section 53A

According to the passage, Section 53A TPA operates as a shield not a sword. What does this mean?

  1. A

    Section 53A creates an independent title claim for the transferee against all third parties

  2. B

    Section 53A protects only the transferor against claims by the transferee

  3. C

    Section 53A can be used as a defence to resist eviction by the transferor but cannot be used to assert an independent title claim against third parties

  4. D

    Section 53A creates absolute ownership rights once possession is taken

View answer and explanation

Correct answer: C. Section 53A can be used as a defence to resist eviction by the transferor but cannot be used to assert an independent title claim against third parties

The passage states: "Section 53A operates as a shield (defence) not a sword (source of title)."

Source note: TPA Sections 5, 7, 8, 9, 53A; V.N. Sarin v Ajit Poplai; Kenneth Solomon v Dan Singh

Question 75EasyTransfer of Property - General Principles, Capacity, Section 8, Section 53A

According to the passage, what change did the 2001 Amendment introduce for Section 53A TPA?

  1. A

    Section 53A was abolished by the 2001 Amendment

  2. B

    After the 2001 Amendment, the contract must also be registered (in addition to being in writing) for Section 53A protection to apply

  3. C

    The 2001 Amendment extended Section 53A to oral contracts

  4. D

    The 2001 Amendment made Section 53A protection available against bona fide purchasers

View answer and explanation

Correct answer: B. After the 2001 Amendment, the contract must also be registered (in addition to being in writing) for Section 53A protection to apply

The passage states: "after the Registration and Other Related Laws (Amendment) Act, 2001, the contract must also be registered for Section 53A protection to apply."

Source note: TPA Sections 5, 7, 8, 9, 53A; V.N. Sarin v Ajit Poplai; Kenneth Solomon v Dan Singh

Passage or principleTPA Sections 5, 43; V.N. Sarin; Kenneth Solomon; Jumma Masjid; Kartar Singh

Section 5 of the Transfer of Property Act, 1882 defines transfer of property as an act by which a living person conveys property in present or in future to one or more other living persons or to himself. The word conveys implies creation of a new title or interest in the transferee. Partition of joint family property does not amount to transfer because each coparcener already has an antecedent title; partition merely crystallises individual shares without creating new rights, as held in V.N. Sarin v. Ajit Kumar Poplai (AIR 1966 SC 432). A Will does not amount to transfer because it operates after the testator's death and not inter vivos, as held in Kenneth Solomon v. Dan Singh Bawa (AIR 1986 Del 1). Section 43 TPA embodies the doctrine of feeding the estoppel: where a person fraudulently or erroneously represents that he is authorised to transfer immovable property and professes to transfer it for consideration, such transfer shall operate on any interest the transferor subsequently acquires. In Jumma Masjid Mercara v. Kodimaniandra Devaiah (AIR 1962 SC 847), the Supreme Court held that Section 6(a) (which prohibits transfer of spes successionis) and Section 43 (estoppel rule) operate on different fields and do not conflict: Section 6(a) is substantive law, Section 43 is a rule of estoppel. In Kartar Singh v. Harbans Kaur (AIR 1994 SC 1001), Section 43 protection was denied because the transferee had constructive notice of the transferor's incompetency from the marginal note on the sale deed.

Question 76EasyTransfer of Property Section 5, Partition, Will, Doctrine of Feeding the Estoppel Section 43

According to the passage, why does partition of joint family property not amount to transfer under Section 5 TPA?

  1. A

    Because each coparcener already has an antecedent title; partition merely crystallises individual shares without creating new rights

  2. B

    Because partition requires court approval

  3. C

    Because TPA does not apply to joint family property

  4. D

    Because partition involves multiple parties simultaneously

View answer and explanation

Correct answer: A. Because each coparcener already has an antecedent title; partition merely crystallises individual shares without creating new rights

The passage states: "Partition of joint family property does not amount to transfer because each coparcener already has an antecedent title; partition merely crystallises individual shares without creating new rights."

Source note: TPA Sections 5, 43; V.N. Sarin; Kenneth Solomon; Jumma Masjid; Kartar Singh

Question 77EasyTransfer of Property Section 5, Partition, Will, Doctrine of Feeding the Estoppel Section 43

According to the passage, why does a Will not constitute a transfer under Section 5 TPA?

  1. A

    Because Wills do not require registration

  2. B

    Because Wills are governed by a different enactment

  3. C

    Because a Will operates after the testator's death and not inter vivos

  4. D

    Because a Will does not involve consideration

View answer and explanation

Correct answer: C. Because a Will operates after the testator's death and not inter vivos

The passage states: "A Will does not amount to transfer because it operates after the testator's death and not inter vivos." Section 5 requires a living person to convey property, making Will-transfers outside its scope.

Source note: TPA Sections 5, 43; V.N. Sarin; Kenneth Solomon; Jumma Masjid; Kartar Singh

Question 78HardTransfer of Property Section 5, Partition, Will, Doctrine of Feeding the Estoppel Section 43

How did the Supreme Court in Jumma Masjid Mercara v. Kodimaniandra Devaiah reconcile Section 6(a) (prohibiting spes successionis transfer) with Section 43?

  1. A

    Section 43 was held to override Section 6(a)

  2. B

    They operate on different fields: Section 6(a) is substantive law prohibiting certain transfers; Section 43 is a rule of estoppel operating on subsequently acquired title

  3. C

    Section 6(a) was held not to apply to Hindu families

  4. D

    Both sections were held to be void for being contradictory

View answer and explanation

Correct answer: B. They operate on different fields: Section 6(a) is substantive law prohibiting certain transfers; Section 43 is a rule of estoppel operating on subsequently acquired title

The passage states the Supreme Court held Section 6(a) and Section 43 "operate on different fields and do not conflict: Section 6(a) is substantive law, Section 43 is a rule of estoppel."

Source note: TPA Sections 5, 43; V.N. Sarin; Kenneth Solomon; Jumma Masjid; Kartar Singh

Question 79MediumTransfer of Property Section 5, Partition, Will, Doctrine of Feeding the Estoppel Section 43

When does the feeding of the estoppel under Section 43 take effect?

  1. A

    At the time of the original fraudulent representation

  2. B

    When the transferee files a suit for specific performance

  3. C

    When the court passes a decree confirming the transfer

  4. D

    When the transferor subsequently acquires the interest they previously represented as belonging to them

View answer and explanation

Correct answer: D. When the transferor subsequently acquires the interest they previously represented as belonging to them

The passage states Section 43 provides such transfer "shall operate on any interest the transferor subsequently acquires." The feeding occurs automatically when the transferor acquires the property.

Source note: TPA Sections 5, 43; V.N. Sarin; Kenneth Solomon; Jumma Masjid; Kartar Singh

Question 80MediumTransfer of Property Section 5, Partition, Will, Doctrine of Feeding the Estoppel Section 43

In Kartar Singh v. Harbans Kaur, why was Section 43 protection denied to the transferee?

  1. A

    Because the transferee had constructive notice of the transferor's incompetency from the marginal note on the sale deed

  2. B

    Because the transfer was gratuitous and lacked consideration

  3. C

    Because the minor's property can never be transferred under any provision

  4. D

    Because the transferee had not taken possession

View answer and explanation

Correct answer: A. Because the transferee had constructive notice of the transferor's incompetency from the marginal note on the sale deed

The passage states Section 43 protection was denied "because the transferee had constructive notice of the transferor's incompetency from the marginal note on the sale deed."

Source note: TPA Sections 5, 43; V.N. Sarin; Kenneth Solomon; Jumma Masjid; Kartar Singh

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