The Transfer of Property Act: Sale, Mortgage, Lease and Gift — Practice

Question 1

What formalities are needed for a gift of immovable property?

Accepted Answer

A registered instrument signed by the donor and attested by at least two witnesses, under Section 123.

Question 2

What is the doctrine of lis pendens under Section 52?

Accepted Answer

During the pendency of a suit about immovable property, the property cannot be transferred so as to affect the rights of another party, and a transferee pendente lite is bound by the decree.

Question 3

List five things that cannot be transferred under Section 6.

Accepted Answer

A mere chance of an heir, a mere right of re-entry, an easement apart from the dominant heritage, a right to future maintenance, and a mere right to sue.

Question 4

Name the six kinds of mortgage and state the rule against clogging redemption.

Accepted Answer

Simple, by conditional sale, usufructuary, English, by deposit of title deeds and anomalous. A mortgagor's right to redeem cannot be clogged by a condition that defeats it, expressed as once a mortgage, always a mortgage (Section 60).

Question 5

State the conditions for the protection of Section 41.

Accepted Answer

The transferor must be the ostensible owner with the real owner's express or implied consent, and the transferee must have taken reasonable care to ascertain the transferor's authority and acted in good faith for consideration.

Question 6

Explain the doctrine of part performance under Section 53A and its limits.

Accepted Answer

Where a transferee under a written, signed contract has taken or continued in possession in part performance and is ready and willing to perform, the transferor cannot enforce rights against him other than those in the contract. It is a shield and not a sword: it protects possession but does not give title, and since the 2001 amendment the contract must be registered for protection to operate.

Question 7

A sells his house to B by an unregistered agreement and gives possession. He then sells it to C by a registered deed. B sues C. Decide.

Accepted Answer

A contract for sale creates no interest in the property under Section 54, so B has no title. Section 53A can help B only as a shield against A, and since 2001 requires registration of the contract, so B's protection fails and cannot defeat C. C's registered deed passes title unless C had notice of B's possession and agreement, which may raise a question of equity. B's remedy lies against A for specific performance or damages.

Question 8

What is the notice period to end a month-to-month tenancy?

Accepted Answer

Fifteen days under Section 106.

Practice — The Transfer of Property Act: Sale, Mortgage, Lease and Gift

Sign in to save attempts to your dashboard and track your accuracy over time

Find a verified tutor

Join a live course

Browse coaching centres

About

Categories

Support

Documentation

Get Study Tips & Updates

Download Our App

Download for iOS

Download for Android

Popular Cities