PROPERTY LAW – REPEATED QUESTIONS

MODULE 1

3 MARKS

• Distinguish between vested interest and contingent interest (R)

• Explain how a transfer can be made for the benefit of the unborn person
• Constructive notice
• Conditions restraining alienation
• Rule of cypress
• Animo attestandi
10 MARKS

• 'R' grants to 'S' the right to cut trees fr0m his land for twelve years. The trees are not to be cut
until they attain a growth of 12 feet. Does the grant require registration ? Decide in light of
relevant statutory provisions and judicial decisions
• 'X' who is expecting to succeed to the estate of' Y', sells Y's property to ''C Later, 'X' succeeds
to the estate of 'Y' Can •z• claim the property? Decide referring to statutory provisions and
case laws.
• A, the owner of certain property transfer it to X in trust for himself and his intended wife
successively for their lives, and after the death of the survivor, for the eldest son of the
intended marriage for life. Examine the validity of the transfer for the eldest son of the
intended marriage. (R)
• X transfers his property to Y on the condition that Y shall transfer his excise licence to X. Y
fails., Decide the validity of transfer
• A transfers his properties to 'X' for life and then to Y for life and then to Z for life and
thereafter to the unborn child of Z. Is it a valid disposition.
15 MARKS

• Discuss the rule against perpetuity and the exceptions to it comparing it with the English law.
“The English doctrine of election is based upon the principle of compensation, While the
Indian doctrine is based upon the principle of forfeiture”. Comment

• Examine the restrictions regarding transfer for the benefit of unborn persons and discuss the
rule against perpetuity.
Write a brief note on ; onerous gift and universal donee; Donatio mortis causa; Actionable
claims

• Discuss the key elements and requirements of the "rule against perpetuity", with the help of
suitable illustrations and judicial decisions and analyze its impact on property transactions,
particularly in the context of intergenerational transfers.
MODULE 2

3 MARKS

• What are covenants running with land? Explain

• Explain the doctrine of lis pendens. (R)
• Doctrine of election
• Doctrine of part performance
• Fraudulent transfer
10 MARKS

• A farm, 'Black Acre' belongs to C and is worth Rs. 80,000. X by an instrument of transfer by
gift, · professes to give it to B, granting by the same instruments Rs. 90,000 to C. C elects to
retain the farm, 'Black Acre' and claims the grant of Rs. 90,000. Can he do so? Decide.
• The plaintiff was the owner of a house and the adjoining vacant site. He sold the site to A with
a condition that it should be kept as an open space, uncovered with buildings so that he might
have an uniterrupted view of the sea from the house free of any obstruction, the covenant
being for the benefit of the house. The site changed several hands and ultimately same to B. B
and his predecessors had notice of this covenant. Still B wanted to build on the site. The
plaintiff wants to restrain B from building on the site. Advise him
• A holds out B as the owner of his property and B transfers the property as its owner to C, a
bonafide purchaser for value who has no notice of the arrangement between A and B, can A
subsequently come forwards and claim the property? Decide stating the reasons.
• When part of a property was sold, there a covenant that the purchaser, his heirs and assignees
shall keep the property sold uncovered with buildings. The defendant who has notice of this
covenant began to construct a new building there. The plaintiff filed a suit against the
defendant for an injuction to restrain the construction. Will he succeed?
15 MARKS

• Discuss the doctrine of feeding the grant by estoppel and the doctrine of part performance
• Discuss the rule against perpetuity and the exceptions to it comparing it with the English law.
“The English doctrine of election is based upon the principle of compensation, While the
Indian doctrine is based upon the principle of forfeiture”. Comment

• Explain the nature and effect of covenants running with the land, examining the rule
developed in equity in England as illustrated by the decision in Tulk v Moxhay.
“Section 43 of the TP Act contains the doctrine of feeding the grant by estoppel”. Discuss

• Examine the doctrine of part performance of contract under TP Act

• Discuss the Doctrine of Election as per TP Act 1882
• Explain the rule of Nemo Dat Quad Non Habit and its exceptions
• Explain the doctrine of lis pendens under the Transfer of Property Act, 1882. What are the
conditions that must be satisfied for the application of the doctrine? How do these conditions
impact the transferability of immovable property? What rights and protections, if any, are
available to bona fide purchasers for value during the pendency of a suit?
MODULE 3

3 MARKS

• Doctrine of subrogation
• Marshalling of Securities
• Usufructuary mortgage
• Right of foreclosure (R)
• Explain mortgage by conditional sale? Compare mortgage by conditional sale with sale with a
condition for repurchase. (R)
10 MARKS

• A mortgage was with the condition, that if the mortgage money was not paid at the time fixed,
th e mortgagor must sell the property to the mortgage at a price to be fixed on the expiry of
the term. The mortgagor challenges the validity of the condition. Decide.
• A, B and C separately owned propertied of unequal value. In order to clear a certain debt,
they jointly mortgaged the three properties. A alone discharged the whole of the mortgage
debt. There was no contract between them regarding their respective share of liability
regarding the mortgage debt. A claims contribution from the others. Discuss the settlement of
the liabilities applying the doctrine of contribution.
• A mortgager X of a vacant land transfer his right to 'Y', 'Y' builds a house on the land. The
mortgagor sues for redemption. Can X claim compensation under S 51 of T.P Act.
• As per the terms of the mortgage, the mortgagor would want to redeem at the end of 5 years·
If he did not do so the mortgages was to have the option of taking possession for a period of
12 years. It was provided that if the mortgages took possession, the mortgagor was not
entitled to redeem. The mortgage debt was not paid at the end of 6 years. The mortgagee took
possession of the property then. Later the mortgagor bring a suit for redemption. Will he
succeed ? Decide.
• 'A' mortgaged his property to 'B' for a loan of Rupees Five Lakhs. The mortgage deed
provided that if 'A' fails to repay the loan within two years, 'B' would have the right to take
possession of the property and become the absolute owner. 'A' failed to repay the loan within
the specified time, and 'B' took possession of the property. Can 'A' redeem the property after
the expiration of the stipulated time? Discuss the right of redemption in this situation referring
to statutory provisions and judicial decisions.
15 MARKS

• Discuss the doctrine of marshalling and contribution as applied to mortgages.

Explain the doctrine of subrogation.

• Discuss the equity developed in the marshalling of securities as applied to section 81 of the
TP Act. Section 82 provides for contribution between co-mortgagors. comment
• Discuss the different types of mortgages explaining the distinguishing features of each.
• Once a mortgage always a mortgage and nothing but a mortgage. Explain
MODULE 4

3 MARKS

• Distinguish between sale and contract for sale (R)

• Explain lease. Compare lease with license
• What is charge? How does it differ from mortgage?
• Floating charges.
• State the rights and liabilities of lessor and lessee
• Doctrine of merger
10 MARKS

• The lessor gives notice to the lessee to quit the premises. The notice expires. Ignoring the
expiry of the notice, the lessee tenders the rent and the lessor accepts the rent which has
become due after the expiration of the notice. State what happens to the notice.
• A having a lease of a house for rent for a certain period of time, which he and his
representatives are bound to pay during while the lease subsists and which is more than the
house can be let for, gives to B the lease, and also, as a separate and independent transaction,
a certain sum of money. B refuses to accept the lease but he claims the money given to him by
the separate transaction. A contends that B, by not accepting the lease has forfeited his claim
for the money gift. Decide.
• A' transfer to his wife, land worth about Rs. 1,000 in discharge of her future maintenance. Is
this a sale?
• R' grants to 'S' the right to cut trees from his land for twelve years. The trees are not to be cut
until they attain a growth of 12 feet. Does the grant require registration? Decide in light of
relevant statutory provisions and judicial decisions.
15 MARKS

• Discuss the rights and liabilities of lessor and lessee.

Explain onerous gift, universal done and donatio mortis causa.
Discuss the characteristic features of exchange, charge and actionable claims

• Explain the concept of lease, discussing the rights and liabilities of the lessor and lessee
• Define lease and distinguish it from license
• Analyze the provisions of the Transfer of Property Act concerning 'lease' of immovable
property. What is the difference between lease and licence ? Discuss the rights and
obligations of the lessor and lessee in a lease transaction and the circumstances under which a
lease can be terminated.
MODULE 5

3 MARKS

• What is gift? Explain donatio mortis causa.

• Easement of necessity (R)
• What is class gift? Explain referring to the rule in Leake v Robinson and subsequent
development
• What is servient heritage.
10 MARKS

• "A' contract to buy goods from 'B'. On the due date 'A' fails to take delivery and 'B' sells the
goods in opening market causing loss to Rs. 15,000. 'B' has the right to claim damages. Is this
an actionable claim. Explain
• A makes gift to 'X' 'Y', •z• and T. X and Y accepts while z and T refuses. What happens to the
Gift

• A made of gift of property to B with a condition that if B wanted to alienate the property
during the life time of A's wife, he should offer it to her at a price which is one fourth of its
actual value. B challenges the validity of the transfer. Will be succeed? Decide.
• A makes an absolute gift of a house in favour of B with a condition that B shall not transfer it.
Is the gift valid? Discuss.
• "T" permits P to walk over T's property. A public road is annexed to P's property. 'P' claim
casement right over T's property. Will he succeed?
• 'P' owes money to 'Q', who transfers the debt to 'R'. 'Q' then demands the debt from 'P', who,
not having received notice of the transfer as prescribed in section 131 of the Transfer of
Property Act, pays 'Q'. Decide whether the payment is valid and whether 'R' can sue
'P' for the debt.
15 MARKS

• Discuss the rights and liabilities of lessor and lessee.

Explain onerous gift, universal done and donatio mortis causa.
Discuss the characteristic features of exchange, charge and actionable claims

• Examine the restrictions regarding transfer for the benefit of unborn persons and discuss the
rule against perpetuity.
Write a brief note on ; onerous gift and universal donee; Donatio mortis causa; Actionable
claims

• Explain the concept of easement. What are the different types of acquiring easement?