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Key Concepts in Property Law Explained

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0% found this document useful (0 votes)
24 views6 pages

Key Concepts in Property Law Explained

LLB

Uploaded by

bgjt.susovan
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

IMPORTANT QUESTIONS

PROPERTY LAW
1. Discuss transfer of property and discuss the essentials of valid transfer. Which properties
cannot be transferred Validity; explain.
2. Who is an ostensible owner? When is a transfer from an ostensible owner protected against the
real owner?
3. Define fraudulent transfer. What are its essential elements? Discuss.
4. Define gift. Can a gift be made for the benefit of an unborn Child?
5. What do you mean by disturbance of easement? What are remedies in such cases? Is
easement a personal right?
6. Define mortgage. Explain essentials of mort gage. How mortgage is affected?
7. Define exchange with illustration.
8. Define lease what are the essentials of valid lease? Explain. Discuss various type of
determination of lease.
9. Discuss the law regarding a transfer of property which is subject matter of suit pending in a
court.
or
Explain the doctrine of "lis pendens" and narrate the essentials of the contingent interest and
distinguish between the two.
10. Define notice. Under what circumstances registered instrument and actual possession of
property shall be deemed to be a notice to a person acquiring such property.
11. Explain & illustrate the rule against perpetuity as envisaged in the transfer of the property
Act.
IMPORTANT QUESTIONS

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

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

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

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

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

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

Q.5. What is meant by transfer of property ? What properties may not be transferred? Or Property
of every kind may be transferred. State the exception to this rule, if any. 11
Q.6(a). “An absolute restraint on alienation is void but partial re-straint is not.” Comment. Or
Enumerate and illustrate the restrictions which are declared illegal on certain [Link]
Discuss conditions restraining alienation. State the exceptions, if any.

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

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

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

Q.7(a).What do you mean by conditional transfer? Distinguish be-


tween condition precedent and condition subsequent. Or Explain the law relating to conditional
transfers with special reference to fulfilment of condition precedent and condition subsequent…

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

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


Doctrine of Priority Apportionment

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

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

Or

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

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

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

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

Or

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

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

Or

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

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

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

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

Q. 12. Illustrate the defination of Mortgage. What are theessentials


of a valid mortgage? Also discuss the various kinds of mortgage along with their essentials and
remedies. How is mortgage effected?

Q.13. What is the difference followings Mortgages.


1. Simple Mortgage and Usufructuary Mortgage.
2. Simple Mortgage and English Mortgage.
3. Mortgage by Conditional Sale and a Sale with a Condition of Repurchae.

Q. 14. Discuss the rights and liabilities of mortgagee as mentioned in the T.P. Act.
Q.15(a). What do you mean by redemption? What is a clog on re-demption? Explain with the
examples of the clog. What are the modes of exercise of right of redemption? What are the
effects of redemption?

Or

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

Or

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

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

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

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

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

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

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

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

Q.19(b). Write short notes on the followings—


(I) Doctrine of taking
(2) Merger
(3) Doctrine of consolidation
(4) Tenancy at will
(5) Tenancy of Sufferance
(6) Conditional Gift
(7) Donatio mortis causa.

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

Or

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

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

Q.19(e). Write short notes on the following: .


1. Onerous Gift;
[Link] Donee;
[Link];
4. Redeem Up Fore-close Down;
5. Feeding the Grant by Estoppel;
6. Attestation;
7. Spes successionis;
8. Notice to Quit Lease;
9. Right of Foreclosure;
10. Rule Against Accumulation.

Q. 19(f). Differentiate the fallowings


(1) Gift and sale,
(2) Sale and Exchange,
(3) Marshalling and Contribu-tion,
(4) Accession and Improvement,
(5) Lease and Licence.

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

Q.20b). Distinguish licence from easement.

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


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

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

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

Q.20g). Distingetish between ownership and easement

TAXATION LAW
1. Income tax is a tax only on revenue receipts, not on capital receipts discuss.
2. What do you understand by double taxation? Explain the provision of Income Tax Act relation
to relief against double taxation.
3. Tax evasion is violation of law while the tax avoidance is not discuss. What are the provision in
the Income-tax Act, 1961 to cope with tax avoidance?
4. State briefly the provision regarding set off and carry forward of losses under the Income Tax
Act.
5. Explain the meaning of “Annual Value” of the house property. How is the annual value
determined? States the conditions in which it is taken as nit and null.
6. Discuss the provisions of Income Tax Act, 1961 regarding off and carry forward of losses.
7. Explain the circumstances under which a person may appeal Assistant Commission for the
orders of Wealth Tax officer.
8. Discuss the provision of Wealth-Tax Act which regard to the valuation of immovable assets.
9. what are the teste to determine the residential status of an individual?
10. Explain the transactions which are excluded from the meaning of Transfer for the purjpose of
capital gains.
a. what is Gross Total Income
b. What is meant by net wealth.
c. short term capital assets.
11. Define assets under wealth Tax act.
12. Define Salary? Explain tax free and Taxable allowance? Who is specified employee?

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