goa university g.r.kare college of law ll.b....

GOA UNIVERSITY

G.R.KARE COLLEGE OF LAW

LL.B. DEGREE SEM II

LAW OF PROPERTY

(INCLUDING INDIAN EASEMENT ACT)

OCT 2012,

APRIL 2012,

OCT 2011,

April 2011,

OCT 2010,

APRIL 2010,

Oct 2009,

April 2009,

Oct 2008,

April 2008,

APRIL 2007 ,

OCT 2006,

APRIL 2006,

Oct 2005,

APRIL 2005,

April 2004,

Oct 2003,

April 2003,

2001 (Old),

2000 (Old)

IIHmll MIIIIIIIIIIIWIIm 1111 ""- - . / ) TNY -54

LL.B. (Semester- II) Degree Examination, October 2012 PROPERTY LAW INCLUDING EASEMENTS

Duration : 3 Hours Max. Marks : 1 00

Instructions : 1) Answer any ten questions.

2) Each question carries equal marks.

1. What are the legal incidents of transfer with regard to "Operation of Transfer''

under Sec. 8 of Transfer of Property Act ? 10

2. How can an unborn person be benefitted under the Transfer of Property Act ?

When is the benefit conferred upon an unborn person legally effective ? 10

3. What do you understand by Vested Interest? Distinguish it from Contingent

Interest. 10

4. Explain the Principle of Doctrine of Ostensible Ownership. How far is a transfer

by an ostensible owner binding on the persons interested immovable property ? 10

5. Elaborate the concept of Part Performance under Sec. 53 A of Transfer of Property

Act. 10

6. Discuss the-essentials of a valid sale. How is a sale affected? Explain rights and

liabilities of Buyer. 10

7. ''Transferability of property is the general rule and non-transferability is an exception".

Explain what are the exceptions to the rule "Property of any kind may be transferred

"under Sec. 6 of Transfer of Property Act. 10

8. "Once Mortgage is always a Mortgage and nothing but a Mortgage"- Explain this

principle with respect to red~mption of mortgage.

9. What do you understand by the term mortgage ? Explain in detail essential

10

elements of Mortgage by ·conditional sale and Mortgage by Deposit of title deeds. 10

P.T.O.

TNV- 54 1111111 ~Ill H 1111 Dllll

10. Define a Gift ? Can a gift can be revoked after acceptance. 10

, 11. Define lease and explain the rights and liabilities of Lessee. 10

12. What is joint tenancy and Tenancy in common ? Explain these concepts with . regard to transfer by co-owners under Transfer of Property Act. 10

13. What is an Easement? Explain mode of acquisition of easement. 10

14. Write a short notes : (2x5=10)

a) Attestation

b) Exchange .

IIUIIIII n 111111111.1m11 TNY-54

LL. B. (Degree) (Semester- II) Examination, April 2012 .. PROPERTY LAW INCLUDING EASEMENTS (oL/os-f \L, ~~

Duration: 3 Hsurs Max. Marks: 1 00

Instructions: 1) Answer any ten questions. 2) Each question carries equal marks.

1. ''Transferability of property is the general rule and non-transferability is an exception."

Explain what are the exceptions to the rule "Property of any kind may be transferred"

enumerated in Sec. 6 of Transfer of Property Act. 10

2. "A right to possess and enjoy the property is an inherent right of the owner''.

Discuss the concept of 'Restriction repugnant to interest created' under Section 11 of Transfer of Property Act. 10

3. "A direction for accumulation of income is a method of restraining enjoyment of

property". Explain provisions relating to rule against accumulation with exceptions

if any. 10

4. Write a note on : (2x5=10)

a) Doctrine of cy pres

b) Attestation.

5. "During litigation nothing new should be introduced". Discuss the doctrine of lis

pendens. 10

6. Elaborate the concept of part performance under Sec. 53 A of Transfer of Property

Act. 10

7. Discuss the essentials of a valid sale. How is a sale affected ? Distinguish sale

with contract for sale. 10

8. What is mortgage? Explain simple mortgage and usufructuary mortgage. 10

9. What is subrogation? Explain kinds of subrogation under mortgage. 10

P.T.O.

TNY-54

10. What is a gift ? What are the essential elements of a gift ?

11. Discuss the rights and liabilities of both lessor and lessee.

10

10

12. Explain the concept and provisions relating to onerous gift, universal donee and death bed gift. 10

13. What is an easement ? Explain essential eleme.nts of easement.

14. Write a note on : (2x5=10)

a) Immovable property

b) Notice.

B-4 TNY- 54

Duration : 3 Hours Total Marks : 100

Instructions: 1) Answer any five questions from 1 to 8.

2) Answer to Question no. 9 is Compulsory.

3) Figures to the right indicate maximum marks.

Ql) Define Transfer of Property and explain whether the following transactions amount to Transfer of Property under Transfer of Property Act. (15] a) Partition.

b) Surrender.

c) Compromise.

d) Relinquishment.

e) Charge.

Q2) "A right of alienation is incidental to and inseparable from the beneficial ownership of property" - Discuss in detail the Condition Restraining Alienation. [15]

Q3) Explain Conditional Transfer and distinguish between Condition Precedent and Condition Subsequent. [15]

Q4) Discuss the "Doctrine of Feeding the Grant by Estoppel". [15]

Q5) Define the term Sale. What are the essentials of a valid Sale? Discuss the rights and liabilities of Buyer. [15]

Q6) What do you understand by the term Mortgage? Discuss in detail. [15] a) Simple Mortgage.

b) Mortgage by Conditional Sale.

c) Usufructuary Mortgage.

P.T.O.

If- 4< -2- TN\':' - 54 Q7) Define the term Lease. Explain the grounds for determination oflease, '(15}

Q8) What,is ah Easement? Explnin modes of acquisition of Easement.

Q9) Write short notes on any five of the following:

a) Immovable Prope1iy.

b) Spes Successionis .

. c) Charge.

d) Onerous gift and Universal Donee.

e) Actionable claim.

·f) Operation of Transfer.

g) Constructive Notice.

[15]

~-~~~\ £'-v ., • •'s o \ (Pages :::~1 • ·~ . : ' ~ I :.1, -:; Mr\hGt-' :)-GOA 'J:;j G-507 TNY- 54

[Total No. of Questions : 9] ;, ~? * :~ ~ .... LL.B. (Degree) (Semester- II) Ex~~;r-'A:i{;iVMay 2011

PROPERTY LAW INCLUDING EASEMENTS

Duration: 3 Hours Total Marks: 100

Instructions : 1) Answer any five questions from Question No.1 to Question No. 8. 2) Question No. 9 is compulsory.


QI) "Transfer passes all the interest of the transferor to the transferee". Explain the rules embodied in operation of transfer under the Transfer of property Act. [15]

Q2) Explain Vested and Contingent Interest and clearly bring out the distinction between them? (15]

Q3) Explain the principle of doctrine of ostensible ownership. How far is a transfer by an ostensible owner binding on the persons interested in immovable property? [15]

Q4) "An Act of Part-performance must be done in performance of Contract" - discuss in detail the doctrine of Part performance. [15]

Q5) Define the term Sale. How sale is affected. Discuss the rights and liabilities of seller. [15]

Q6) What is mortgage? Explain the Doctrine of Marshalling and Contribution under the Transfer of Property Act. (15]

Q7) What is a gift? Explain its essential elements and how a gift becomes revocable. [15]

P.T.O.

lr-G-507 -2- TNY- 54

Q8) Define License. Explain salient features of a license and distinguish license with easement. [15]

Q9) Write short notes on any five of the following: [5 X 5 = 25]

a) Attestation.

b) Spes Succeesionis.

c) Priority of rights.

d) Subrogation.

e) Tenancy by holding over.

f) Direction for Accumulation.

g) Exchange.

•••

' 11m111 ~IIIII.IIIIIIIIHI

Duration : 3 Hours Total Marks : 1 00

Instructions: 1) Answeranyfivefromquestionl to8. Question9iscompulsory. 2) Figures to the right indicate maximum marks.

1. Explain the term lease bringing out its ingredients. (5x15=75)

2. ''When on a transfer of property an absolute interest is created, no restrictions on its enjoyment can be imposed". Discuss.

3. State the provisions under the transfer of Property Act for creation of an interest in favour of a person not in existence.

4. Explain the maxim'ut lite pendente nihil innovetur'.

5. 'A transfer made by an Ostensible Owner shall not be voidable on the grounds that he was not authorised to make it'. Explain the requirements of this proposition of law.

6. Explain the rights and liabilities of a seller and purchaser.

7. What is a mortgage ? What is usufructuary mortage ?

8. Write notes on :

a) Customary Easement

b) Dominant and Servient Heritage

c) Continuous and Discontinuous Easement.

9. Write short notes on any five of the following:

a) Prohibition ofTacking

b) Oral Transfer

c) Immoveable properties

d) Condition subsequent

e) Redemption

f) Contingent interest

g) Universal Donee.

25

11111111111111111111111~111111111 TNY -54

LL.B. (Sem. - II) Degree Examination, April2010

PROPERTY LAW INCLUDING EASEMENTS

Duration: 3 Hours Total Marks: 100

Instructions: 1) Answer any five from question No. I to 8. Question No. 9 is compulsory.


(Sxl5=75)

1. What is property ? What are the essentials of a valid transfer of property ?

2. "In a transfer of a property any condition or a limitation absolutely restraining the transferee from alienating the property is void". Explain.

3. What is "Vested Interest" and "Contingent Interest"? Distinguish between them.

4. Briefly explain the doctrine of election.

5. State the rights and liabilities of a Lessee in a Lease.

6. What are actionable claims? How are they transferred?

7. Ddine English mortage. Compare it with mortgage by conditional sale.

8. How are easements acquired and extinguished?

9. Write short notes on any five of the following:

a) Onerous gift

b) Subrogation

c) Doctrine ofholding out

d) Spes successionis

e) Conditions precedent

f) Exchange

g) Constructive notice.

25

1111111111111111!111111111111111111 TNY- 54

L.L.B. (Degree) (Sem. - II) Examination, October 2009 PROPERTY LAW INCLUDING EASEMENTS


Instructions : 1) Figures to the right indicate full marks. 2) Answer any five from question 1 to 8. Question No. 9 is

compulsory.

(5x15=75)

1 . " Properties of any kind may be transferred" State and explain the exception to this rule.

2. State the provisions of law for transfer of benefit to an unborn person.

3. What are 'Vested' and 'Contingent' interests ? Distinguish between them.

4. What is 'Sale' ? What are the rights and liabilities of the seller and purchaser?

5. Explain the Doctrine of Lis Pendens.

6. Define Mortgage. Distinguish between English Mortgage and mortgage by Conditional Sale.

7. "Once a mortgage always a mortgage". Explain.

8. What are easements ? How are they acquired, suspended of extinguished ?

9. Write short notes on any five of the following :

a) Constructive Notice

b) Actionable claim

c) Nemo dat quo non habet

d) Condition subsequent

e) Tacking

f) Forfeiture of lease

g) Ostensible owner.

25

TNY -54

LL.B. (Degree) (Sem.- II) Examination, April2009 PROPERTY LAW INCLUDING EASEMENTS

Duration :3 Hours Total Marks: 100

N.B. : 1) Figures tfJ the right indicate full marks. 2) Answer any five from question 1 to 8. Question 9 is

compulsory. (5x15=75)

1. What are actionable claims ?_How are they transferred ?

· 2. Briefly state and explain the doctrine of election.

3. State the modes of determination of a lease.

4. "A transfer made with intent to defeat or delay the creditors shall be voidable at the . option of any creditor so defeated or delayed". Explain.

5. Define gift and state its essentials.

6. Defme mortgage. Compare it with a charge.

7. Discuss in detail usufructuary mortgage.

8. Write notes on :

a) Easement of necessity

b) Customary easement

c) Dominant and servient heritage.

9. Write short notes on any five of the following :

a) Contingent interest

b) ut lite pendente nihil innovetur

c) Subrogation

d) Oral transfers

e) Tenancy-at-transfers

f) Exchange

g) Condition precedent.

25

11111110 lllllllllllllillll fillllll TNY -54 .,

LL .. B. (Semester - II) Degree Examination, 2008 (P:>C'~ . PROPERTY LAW INCLUDING EASEMENTS

Duration: 3 Hours Total Marks : 100

InstrUctions : 1) Answer any six from questions J · to 9. 2) Questzon No. 10 is compulsory.

(6x15=90)

1. "UriJess a different intention is expressed or necessarily implied, a transfer of . property passes forth with to the transferee all the interests which the transferor is then capable of passiri.g". Ex,plain.

2. "Condition or limitation in a transfer, absolutely restraining the transferee· from transferring his interest is void". Comment.

3. Explain the doctrine of 'Lis Pendens'.

4. Discuss the "Rule against .perpetuity".

5. Define sale. What is "Marshalling" by subsequent purchases ?

6. Clog on the right of redemption is void" Discuss.

7. State the grounds for determination of lease.

8. Define mortgage. Briefly state the various types of mortgage.

9. Write notes on :

a) Custom~ry righ~s

b) Apparent and non-apparent easements

c) Quasi easement.

10. Write short notes on any two of the following :

a) Nemo dat quo non habet

b) Exchange

c) Doctrine of acceleration. ·

10

lllllllllllllllllllllllllllllllllll TNY -54

LL.B. (Degree) (Sem.- II) Examination, April2008 PROPERTY LAW INCLUDING EASEMENTS


Instructions: 1) Answer any six from questions 1 to 9. 2) Question No. 10 is compulsory.

I . What are the properties which cannot be transferred ? (6x15=90)

2. What are the provisions laid down by the Transfer of Property Act for creating interests in favour of unborn persons ?

3. "Transfer made with the intention to defeat or delay creditors is void". Explain.

4. Explain the doctrine of 'Feeding the Estoppel by grant' in light with Sec. 43 of the Transfer of Property Act.

5. Define Gift. When can a Gift be suspended or revoked ?

6. What is 'Subrogation' ? Explain the types of subrogation.

7. State and explain the rights of a Lessor in a Lease.

8. What is Mortgage ? Compare it with a charge.

9 . Define Licence. Compare it with lease.


a) Condition precedent.

b) Immovable Property.

c) Oral transfer.

10

TNY- 54

LL.B. (Degree) (Semester - II) Examination, April 2007 PROPERTY LAW INCLUDING EASEMENTS


N.B.: 1) Answer any six from questions· 1 to 9. 2) Question no. 10 is compulsory.

1 . Defme Immovable Property. Can properties of any kind be transferred ? (6x15=90)

2. Explain the "Rule against perpetuity".

3. "Ut lite pendente nihil inovetur". Explain this maxim with the doctrine.

4. "A transfer of property made with the intent to defeat or delay creditors is voidable at the instance of the creditors so defeated or delayed". Discuss.

5. Define "Exchange". Compare it with 'sale'.

6. What is lease ? What are the rights and liabilities of lessor and lessee ?

7. "Once a mortgage always a mortgage". Explain.

8. Define Gift. Can a gift be suspended or revoked ?

9. What are Easements ? State the modes of acquisition, suspension and extinction of easements.


a) Subrogation

b) Marshalling

c) Vested Interest.

10

MAH-54

LL.B. (Degree) (Sem.- II) Examination, 2006 LAW OF PROPERTY

(Including Indian Easement Act) Time : 3 Hours Total Marks : 100

Instructions :1) Answer any six from Q. No. 1 to 9. 2) Q. No. 10 is compulsory. 3) Each answer should begin on a fresh page. 4) Mention question number correctly before you answet:

l . Property of any kind may be transferred, except as otherwise provided by this Act. Explain. (6x15=90)

2. Define condition precedent and distinguish it with condition subsequent. ;

3. "During litigation nothing new should be introduced". Discuss the doctrine of lis pendens.

4. Discuss in detail Doctrine of Part Performance under Sec. 53 A.

5. Define the term lease and discuss the rights and liabilities of lessor and lessee.

6. Discuss the Doctrine of Marshalling and distinguish it with doctrine of contribution.

7. Answer the following : a) Immovable property b) Constructive Notice c) Tenancy by Holding over.

8. Define gift, what are the essentials of a gift, explain Revocation of gift.

9. What is Easement ? Explain various modes of acquisition of Easement.

1 0. Answer any two : (2x5=10)

a) A has shares in X, a Prosperous joint stock company, and also shares in Y, a joint stock company in Difficulties. A gives B all his shares in both companies. B refuses to accept the shares in Y co. Can he do so ?

b) A devised his estate to his son on the condition that if the son should desire to sell the estate during the life time of his wife, she should have the option to purchase the same at Rs. 5000. On the death of A the market value of the property was about Rs. 15,000. Whether the son can sell the property without offering it to his mother ?

c) Sunder, living at Panaji, entered into a contract to sell a house owned by hjm to Shyam who lived in Margao. Sunder executed a sale deed infavour of Shyam and sent it to Shyam by registered post at Margao. In the sale deed executed by him, Sunder left blank space to be signed by the two attesting witnesses. Shyam took the sale deed to his friends and got it attested. Is the attestation valid ?

MAH-54

LL.B. Degree (Sem. - II) Examination, April 2006 PROPERTY LAW INCLUDING EASEMENTS

Time: 3 Hours Max. Marks : 100

lnstructiottS: 1) Answer any six from Q. No. 1 to 9. 2) Q. No. 10 is compulsory. 3) Each answer should begin on a fresh page. 4) Mention question number correctly before you answer.

(6x15=90)

I. "Property of any kind may be transferred"- Discuss along with the exceptions if any, to the statement.

2. Discuss law relating to transfer for the benefit of unborn person.

3. Explain the principle of Doctrine of Ostensible ownership. How far is a Transfer by ostensible owner binding on person ?

4. "During litigation nothing new should be introduced". Discuss the doctrine of Lis pendens.

5. What is lease, explain its essentials and distinguish it with license.

6. What is Mortgage and explain simple mortgage, mortgage by conditional sale and usufructuary mortgage.

7. Define Gift. When a gift becomes revocable ?

8. Discuss the rights and liabilities of seller of Immovable property.

9. What is Easement ? Discuss various modes of acquisition of easement.

1 0. Answer any two : (2x5=10)

a) A transfer Rs. 5,000 to Bon condition that he shall marry with the consent of C, D and E. At the time of performance of marriage E dies. Therefore B marries with the consent of C and D. Whether B is entitled Rs. 5,000 or not ?

b) A conveys an absolute interest in a farm to B, by of sale. The sale deed contains a direction that B shall not cut down the trees. Is the direction valid ?

c) Discuss whether the following are movables or immovable

i) Sale of wheat crop, which would be ready for harvest after one month.

ii) Transfer of right to collect sand for 1 year from the river bed.

SAM-54 LL.B. (Degree) (Sem.- ll) Examination, April2005

. LAW OF PROPERTY (Including Indian Easement Act)

Time : 3 Hours Max. Marks : 100

Instructions :1) Answer any six from Q. No. 1 to 9. 2) Q. No. 10 is compulsory. 3) Each answer should begin on a fresh page. 4) Mention question number correctly before you answer.

(15x6=90)

1. Define transfer of property. Can a person transfer property to himself ?

2. Explain rule agains~ perpetuity.

3. Who is an ostensible owner? Explain effect of transfer by ostensible owner.

4. Discuss the doctrine of Lis pendens as laid. down in Sec. 52 of Transfer of Property Act.

5. Once mortgage always a mortgage. Explain.

6. Define sale. State the rights and liabilities of seller under Transfer of Property Act.

7. Define gift. When can a gift be suspended or revoked ?

8. Enumerate the rights and liabilities of lessee .

. 9. Defme easement and explain how easement can be acquired.

10. Write short notes on any two of the following : (2x5=10)

a) Immovable property

b) Exchange

c) Quasi easement.

..

LL.B (Degree) SE\1 JI EXAMIJ':·AT'IO:' r 2005 O ct. LA 'N 0 ~ PROPERTY

1''1 L . _, .. l' l._r .\ J A \ . rLH~ 1 V .u:::,l'l . (I"T'-'L (Jl-' fll. f ~, 1·· "l .. 1· · l .. E ,~ r·r1' AL.'l'l. r'f ACT)

MAXMARKS 100 TIME--· 3HOURS

INSTURCIIONS--- !) An~.wer any ~-~~_from Q.nD. 1 to 9 :2:) Q.no. ! 0 is compuls·~'ry.

:3) Each a,1swer .;tou ld begin on a fresh page. 4) lV[ention que';twn number correctly before you.

Answer. 15x6:=:=90 1 .. \Vhen i,~ a per~ on said to cave a Sotic(: of a fact as per the Transfer of property Act ExpJ.a;n in Brief the difference between actual and conslructi·,7 r~ ::.Jotice. 2.State the rules relating to 1ran. ;f~~r of property to unborn person. 3.Property of any kind rn.ay be transi~::rred ···-explain what are the exceptions for this principle

4.Critica11y evaluate the princ:pJe of .Part ---performance.

5.Define mortgage, E~cpl ain simple mortgage andi usufructuary mortgage.

6.Define sale and d.istinrui~ ;h bet\vcen sale and contract for sale.

7 .·what i·- lease? Explain the c:ir·.::um~;tances for cleterm.ination of lease.

8.Define gift and when a gift can be ~;uspended and revoked.

9.Define easement, Explain Acci.uisi( on of easernent. 1 O.write short not(~S on any two of th~~ fi)Hcnving ~ -x 5 :: \O

a) Acti ble claim~ b) Doctrine of'cypres, c)Attestation.

- - ... < - ~ ( ···-·· .. ~~ ·-· "<: ~--- ·

>< -· ·,~

LL. n. ( Uegree ) Sem. -.JI :Examination April 2004

Propel"ty Law Time: 3 Hrs. Max. Marks: lOO

'"-----·-··-- ---Instructions: 1) Answer any SIX from. questio:ns 1 to 9

2) Question 10 is compulsory. ( 6 X 15 =90)

Q.l What is 'Transfer of Property'? Stat(~ tlw essentials of valid Transfer. ·

. Q.2 "A condition or a limitation absolutely restraining a ~ransferee from disposing ofhis interest is void''. Exp:lain.

Q.3 Discuss the ' Rule against perpetuity' .

Q.4 What is the effe~ct of a transfer of property m.ade by a:n ostensible owner?

Q.5 State the rights and liabilities of a seHer and buyer before sale.

Q.6 State the modes of determination of a Lease .

. Q. 7 Define mortgage. Explain what is a Simple ~vfortgagt'!.

Q. 8 Explain the Doctrine. of 'Part -· Performance'.

Q.9 Write notes on a) Condition Subsequent

b) Exchange c) Spes Successionis

Q.lO Write short notes on any T"VvO oftht~ following. (2 X 5 = 10)

a) Easement of Quasi- necessity

b) Dominant Heritage

c) Apparent and non apparent easem~;nts.

************

• LL.B. (3 Years) (Sem. II) Examination, 2003 TRANSFER OF PROPERTY (New)

Duration : 3 Hours

Instructions: 1) Answer any six from Q. No. 1 to 9. 2) Q. No.lO is compulsory.

,,

1. Explain the following :

' a) Inunovable property

b) Vested interest

c) Oral transfer.

2. What is meant by rule against ~-pcruity? Are there any exceptions ?

3. What is Doctrine of election? dis~uss with cases.

4. Critically evaluate "Improvements made by bonafide hoMer''.

5. What is mortgage? Discuss English mortgage aJ1-d anomalous mortgage?

6. Define sale and discuss rights a:..d liabilities of seller.

7. Explain doctri~e of Marshal lin~ 8:d Contribution in Mortgage.

8. Define lease. Discuss rights a1:d liabilities oflessee.

9. Explain easement, how easeme-:J: cail be revoked and suspended.

10. Answer any two:

a) On~rous gift.

b) Exchange.

c) Condition subsequent.

SRN -108

Total Marks : 100

(6x15=90)

(2x5=10)

/ '-- S·:S'·J ~ - - - 7/ RPN-5

LL.I . (3 Years) Sem. II Examination, 2001 TRANSFER OF PROPERTY

Duration : 3 Hours Totai Marks : 7 5 r-

lnstructiOns : 1) A1 ·wers to the two Sections should be tied separately. 2) Fi, ures to· the right indicate full marks. 3) Qi >stion No.t7 and 14 are compulsory. 4) A1 •. werany 4 from questions } .to 6 a~d any 4 from questions 8 to 13.

SECTION-I r

1. Explain the doctrine o rule against perpetuity. · · 8

2. What.is Ves~ed Intere~ and Contingent Interest ? Distinguish between the two. 8 <

3. What is transfer of pro 1erty ? State its essential ingredients. 8

4. What are the rights of .. transfer~e with regards to an interest acquired subsequently by ,r the transferor ? 8

5. 'Nothing new should r ·- added in a pending litigation'. Discuss. 8

6. Explain the tights of ct ~ditors when a transfer of a property is made to defeat or delay creditors. 8

7. Write notes on any two of the f91lowing :

a) Easement of quasi-i ecessity.

'b) Servient h.eritage. .;.

c) Continum;~s ~d dis• :mtlnuous· easemen~.

SECTION -II - '

8. Deflne mortgage. What s simple mortgage ? " .

9. "Once -~ mortgage alwa: s a mortgage". Explain.

). Define 'Sale oflmmova 1le property'. Distinguish between a sale and an agreement to sell.

1. What is 'Lease'? State it; ingredients:

l. · Explain Gift When can 1. gift be suspended or revoked ? .. :.t_ / •

\. What is an Actionable cL i m ? How are actionable claims transferred?

Answer any one giving ~asons. :

a) M transferred a pror~rty to N with a condition that in case N fails to execute a particular deed withi. 6 months from the date of tranSfer the property shall go to R. N died within-one m( ;111 from the date of transfer without executing the deed. Will R be entitled to-the p. lpL:rty ? - · •

b) Pleased a house to Q )Y an agreement for a pe.riod offive years. The lease was not registered though reql red to be compulsorily registered. p noy.r claims that the lease agreement is invalid a ~d threatens to dispossess Q. Will Q have a defense?

6

8

8

8

8

8 -"8: ·-

5

Duration: 3 Hours Total Marks: 75 [

Instructions: I) Answers to the two sections should be tied separately. 2) Figures to the right indicate full marks. 3) Question Nos. 7 and 14 are cotr1pulsory. 4) Answer any 4 from questions 1 to 6 and any 4 from questions 8 to 13.

SECTION-I

1. What are the essentials of a valid transfer ? ·I 8

2. Explain the doctrine of Election. 8

3. 'A transfer made to delay defeat creditors is voidable at the instance of the creditors so. defeated or delayed ' . Explain. 8

4. 'A condition absolutely restraining the transfer from alienating the property is Vt>id'. Explain fully. 8

5. What are conditional transfers? State the conditions which will make the transfer void. 8

6. Explain the term 'notice'. When is a person presumed to have notice?

7. Write short notes on any two of the following:

a) 1 Dominant heritage.

b) Customary easement.

c) Easement of necessity. ~

SECTION - II

8. Define simple Mortgage and can compare it with English mortgage.

9. What is subrogation? Explain the types of subrogations.

I 0. What is 'lease' ? Explain its ingredients.

11. Write notes on:

a) Acceptance in gift.

b) Onerous gift.

8

6

8

8

8

8

P.T.O.

RN- 32

12. What is 'Exchange'? Compare it with sale.

13. Write notes on:

a) Marshalling of securities. b) Waiver of forfeiture.

8

8

14. Answer any one. Giye reasons: 5

a) A makes an absolute gift of a house to B with a direction that B shall reside in it. B wants to lease the house. Advise R ·

b) M files a suit in a competent court against N. D-1ring the pendency of the suit N transfers the property, which was the subject matter in the suit to 0. What is the effect of the transfer ?

J

goa university g.r.kare college of law ll.b....

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