TRANSFER OF PROPERTY ACT, 1882
1. Transfer of Property Act came into force on: —
a. July01,1882
b. August01,1882
c. September 01,1882
d. October 01,1882
2. The Transfer of Property Act, 1882 covers: —
a. Movable Property
b. Immovable Property
c. None
d. (a) and (b) both
3. Before the commencement of the Transfer of Property Act, 1882, the transfer of immovable property in India was governed by the: -
a. Principles of English Law and Equity
b. Indian Registration Act, 1908
c. British State of Goods Act, 1880
d. Indian Contract Act, 1872
4. Within the meaning of section 3 of the Transfer of Property Act, the immovable property does not include: —
a. Only standing timber & grass
b. Only standing timber, house and crops
c. Only standing timber, growing crops or grass
d. Only grass
5. The following is not immovable property: —
a. Royalty
b. Right to way
c. Right to fishing
d. Right to redemption
6. Which of the following properties has not been recognized by courts as immovable property?
a. Right of way
b. Right to collect rent of immovable property
c. A right of worship
d. Right of fishery
7. Which of the following is immovable property?
a. Copyright
b. Profits a prendre
c. Royalty
d. Credit
8. Which one of the following is not an immovable property?
a. Right to ferry
b. A decree which gives right to sell the immovable property of husband
c. Life interest of widow in the income of immovable property of her husband
d. Right to receive annual payment from any village
9. Which of the following are “immovable property” under the Transfer of Property Act?
Select the correct answer by using the code below:—
1. The equity of redemption
2. A hut
3. Mortgage debt
4. Right to recover maintenance allowance charged on immovable property
a. 1 and 2
b. 1,2and3
c. 1 and 4
d. 2 only
10. The test to decide whether something attached to the earth has to be regarded as immovable or not, depends on any one of the following?
a. The decree or mode of annexation
b. Place of annexation
c. The object of annexation
d. Both (a) and (c)
11. According to section 3 of the Transfer Property Act, 1882 ‘instrument’ means: —
a. testamentary instrument
b. non-testamentary instrument
c. both (a) & (b)
d. None of the above
12. ‘Attested’ in relation to an instrument means and shall be deemed always to have mean attested by at least-
a. One witness
b. Two witnesses
c. Three witnesses
d. Four witnesses
13. The attestation of document means-
a. The attesting witness is aware of contents of the document.
b. The attesting witness seen the executant sign or affix mark.
c. Received from the executant a personal acknowledgement of his signature.
d. Both the attesting witness seen the executant sign or affix mark and received from the executant a personal acknowledgement of his signature.
14. Which one of the following sections of the Transfer of Property Act, defines ‘Notice’?
a. Section 2
b. Section 3
c. Section 5
d. Explanation II of Section 3
15. Under the Transfer of Property Act, 1882 a person is said to have notice of a fact when: —
a. He actually knows the fact
b. by May have knowledge about the fact
c. Could with reasonable care know the fact
d. Is not at all aware of the fact
16. Assertion (A) : Property is a comprehensive term, and includes copyright.
Reason (R): Transfer of Property Act deals with all kinds of property including patents.
Code:
a. Both (A) (R) are true and (R) is the correct explanation of (A)
b. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
c. (A) is true but (R) is false
d. (A) is false but (R) is true
17. The chapters and sections of the Transfer of Property Act which relate to contracts shall be taken as part of Contract Act and supplemental to: —
a. the Specific Relief Act
b. Indian Registration Act
c. the Sale of Goods Act
d. the Partition Act
18. Transfer of Property Act has no relation with: —
a. air
b. water
c. light
d. all of these
19. Which one of the following pairs is not correctly matched?
a. Immovable property Section 2
b. Charges Section 100
c. Marshalling by subsequent purchaser Section 56
d. Mortgaged Debt Section 134
20. The Amendment of Transfer of Property Act, 1982 in the year 2002 effective from: —
a. 31st December, 2002
b. 1st July, 2002
c. 30th October, 2002
d. 2nd July, 2002
21. Chapter II of the Transfer of Property Act shall not be deemed to effect any rule of: —
a. Mohammedan Law
b. Christian Law
c. Parsi Law
d. None of the above
22. The word Property is defined in which Section of Transfer of Property Act: —
a. Section 1
b. Section 2
c. Section 3
d. None of these
23. Which of the following mode of transfer of property is not covered by Transfer of Property Act, 1882-
a. Sale
b. Mortgage
c. Testamentary disposition
d. Exchange
24. Transfer of property is NOT applicable to: —
a. gifts of movable property
b. exchange
c. lease
d. sale of goods
25. Which of the following do not convey title?
a. Registered exchange deed
b. Registered will
c. Registered gift deed
d. Registered sale deed
26. Partition of immovable property is
a. an exchange
b. a transfer
c. a gift
d. none of the above
27. To which of the following sections 5 to 37 of the Transfer of Property Act, 1882 apply?
a. Transfers of movable property only
b. Transfers of immovable property only
c. Transfers of property whether movable or immovable
d. Specific transfer and not to general principles of transfer of property
28. Which one of the following sections of the Trans-fer of Property Act defines ‘Transfer of Property’?
a. Section 2
b. Section 3
c. Section 4
d. Section 5
29. The Transfer of Property Act, 1882 applies to transfer of property: —
a. made by act to parties
b. by operation of law
c. by a decree or order of a court of competent juris-diction
d. in execution of a decree or order of a Court-of competent jurisdiction
30. Which one of the following is not transfer by the act of parties under Transfer of Property Act?
a. Succession
b. Sale
c. Mortgage
d. Gift
31. Under section 5 of Transfer of Property Act living person includes: —
a. individual human being only
b. company only
c. company or association or body of individuals
d. none of the above
32. Transfer of property means: —
a. Transfer between living being
b. Transfer between living person and trust
c. Transfer between legal persons
d. Includes all
33. In respect of transfer of property, under Transfer of Property Act, which of the following statement is not true?
a. Transfer can be done immediately or in future
b. Transfer of property can be done to one or more living persons
c. One cannot transfer property to one self
d. None of them
34. Which out of the following is not a transfer according to Transfer of Property Act?
a. Sale
b. Gift
c. Exchange
d. Abandonment of a claim to property
35. “Transfer of Property” does not include?
a. Sale
b. Lease
c. Will
d. Gift
36. Which interest is not transferable?
a. Vested interest
b. Contingent interest
c. Mere spes successionis
d. Interest of the lessee
37. Which of these cannot be lawfully transferred as per Transfer of Property Act, 1882?
a. Salary of public officer
b. Machinery attached to land
c. Property yielding income
d. Paddy field
38. As per section 6 of Transfer of Property Act, 1882, an easement be transferred apart from the dominant heritage
a. can
b. cannot
c. may
d. must
39. Which property cannot be transferred?
a. A public office
b. A mere chance to succeed
c. A mere right of re-entry
d. All of the above
40. Which of the following is a legal transfer under the provisions of The Transfer of Property Act?
a. A right to sue
b. A chance of an heir-apparent to succeed
c. An easement apart from dominant heritage
d. Second mortgage of the property
41. Under Transfer of Property Act what Property may be transferred?
a. A mere right to sue.
b. Public Office
c. The chance of an heir-apparent succeeding to an. estate.
d. Any property transfer of which is not barred by law.
42. Which cannot be transferred?
a. Mere right to sue on the basis of agreement to sell
b. Right to receive arrears of rent
c. Right to recover decree to amount
d. Right to receive provident funds by will
43. Which one of the following properties may be transferred?
a. Mere easement
b. A right to future maintenance
c. Immovable property
d. A mere right to sue
44. A right to future maintenance in whatsoever manner arising, secured or determined: —
a. can be transferred
b. cannot be transferred
c. can be sold
d. can be vested
45. What can be transferred under the Transfer of Property Act, 1882?
a. An easement along with the dominant heritage
b. Political pension
c. Spes Successionis
d. Stipends allowed to the civil pensioners of the Government
46. What kind of property is transferable?
a. Right of re-entry
b. Public Office
c. Any kind of property if not prohibited by law
d. Pension
47. Persons competent to transfer a property have been defined under which of the following sections of the Transfer of Property Act?
a. Section 6
b. Section 7
c. Section 8
d. Section 9
48. Which one of the following is not an essential element for a valid transfer of property?
a. Competent transferor
b. Transferable property
c. Transferee may not be competent to take the trans- fer
d. Object of transfer must be lawful
49. In the light of provisions of the Transfer of Property Act, a minor
a. can transfer a property
b. cannot transfer a property
c. can accept transfer of property in his favour
d. both (b) and (c)
50. Which one of the following sections of the Transfer of Property Act, 1882 says that “a transfer of property may be made without writing in every case in which a writing is not expressly required by law”?
a. Section 8
b. Section 5
c. Section 7
d. Section 9
51. Under the Transfer of Property Act, 1882 where a writing is not expressly required by law:—
a. a transfer of property may be made without writing every case
b. a transfer of property is subject to only writing
c. no provision of oral transfer is made
d. none of the above
52. Condition restraining alienation of property is given under
a. Section 9 of the Transfer of Property Act.
b. Section 10 of the Transfer of Property Act.
c. Section 11 of the Transfer of Property Act.
d. Section 12 of the Transfer of Property Act.
53. Condition restraining alienation under section 10 of the Transfer of Property Act?
a. makes the transfer invalid
b. makes the condition invalid but transfer remains valid
c. makes the condition as well as transfer both in-valid
d. None of the above
54. Which one of the following is invalid as per section 10 of Transfer of Property Act, 1882?
a. A condition not to sell outside the family
b. A condition not to sell to a person of different community
c. A condition not to sell during the lifetime of the transferee
d. A condition in the lease that the lessee shall not sublet his interest to anyone
55. Absolute restriction on the transfer of property is void under section……….. of the Transfer of Property Act, 1882.
a. 10
b. 11
c. 12
d. 13
56. ‘A’ sells a house to ‘B’ directing ‘B’ that he cannot reside in it but can use it only as a godown or shop. The condition is: —
a. valid
b. void
c. irregular
d. voidable
57. Whether a gift with condition not to transfer the gifted property is legal?
a. Yes
b. No
c. Yes, only with the permission of court
d. None of the above
58. Section 11 of the Transfer of Property Act will be applicable only when the interest transferred in the property is:
a. limited
b. absolute
c. both (a) and (b)
d. none of the above
59. If a property is transferred with the conditions that an interest created therein for benefit of the transferee shall cease on his becoming insolvent such a condition is void under which of the following sections of the Transfer of Property Act?
a. Section 10
b. Section 11
c. Section 12
d. Section 13
60. Section 12 of the Transfer of Property Act, 1882 is not applicable:—
a. Where the transfer is by way of sale
b. Where the transfer is by way of gift
c. Where the transfer is by way of exchange
d. Where the transfer is by way of lease
61. Which one of the following sections of Transfer of Property Act, 1882 is concerned with the transfer of benefit to unborn child?
a. Section 13
b. Section 14
c. Section 15
d. Section 16
62. Whether a transfer can be made in favour of an unborn person?
a. Yes, by machinery of trust
b. Yes
c. Guardian has got to be appointed first
d. None of the above
63. Transfer of Property for the benefit of an unborn person can be made by: —
a. creation of a prior interest in favour of a living person for any period
b. vesting the right directly to the unborn
c. creation of a prior interest in favour of a living person till the existence of unborn person
d. either to the unborn or to a living person
64. For creating an interest in favour of an unborn person, which of the following is essential?
a. Creation of a prior life interest in favour of living persons
b. Unborn person must be born before the termination of last prior life interest
c. Absolute interest is to.be given to unborn person
d. All of the above
65. In which section the rule against perpetuity was propounded?
a. Section 12
b. Section 13
c. Section 14
d. Section 15
66. ‘Rule against perpetuity’ given under the Transfer of Property Act, 1882 does not affect any rule of: —
a. Hindu Law
b. Muhammadan Law
c. Christian Law
d. None of the above
67. No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer. These provisions come under: —
a. Rules against retrospective transfer only
b. Rules against perpetuity
c. Rules against prospective transfer
d. None of the above
68. Rule against perpetuity is a: —
a. Rule against transfer of property
b. Rule favouring transfer of property
c. Rule fixing the maximum period of time for which vesting of property can be postponed
d. includes all
69. Rule against perpetuity is applicable to: —
a. movable property only
b. immovable property only
c. both, movable and immovable properties
d. transfer for benefit of public
70. The rules against perpetuity do not apply to which of the following?
a. Movable properties
b. Charities
c. Immovable properties
d. All of the above
71. Rule against perpetuity is not applicable to a case where: —
a. Property is transferred for the benefit of the public
b. Interest in property is created “generation after generation”
c. Transfer of property purport to be effective be-yond minority of ultimate transferee, who is not in existence at the date of transfer
d. Contingent interest are created by transfer
72. Assertion (A): Section 14 of TPA provides for the Rules against perpetuity.
Reason (R): This rule is based on public policy.
Select the correct from the code given below: —
Code:
a. Both (A) (R) are true and (R) is the correct explanation of (A)
b. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
c. (A) is true but (R) is false
d. (A) is false but (R) is true
73. ‘A’ transfer his property to ‘B’ for life and thereafter to his unborn son for life. In this case transfer of property to the unborn son is: —
a. Valid
b. Illegal
c. Voidable
d. Void
74. Under Transfer of Property Act, 1882 which one of the following is correctly matched?
a. Condition restraining alienation - Section 9
b. Rule against perpetuity - Section 14
c. Conditional Transfer - Section 25
d. None of the above
75. Which one of the following section of the Transfer of Property Act, 1882, deals with the “direction for accumulation”?
a. Section 14
b. Section 17
c. Section 19
d. Section 18
76. Which section creates exception of the restrictions in sections 14,16 and 17 of the Transfer of Property Act?
a. 15
b. 19
c. 17A
d. 18
77. According to section 18 of the Transfer of Property Act, 1882 the provisions of some sections shall not apply in the case of transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health safety or any other object beneficial to mankind. These sections are: —
a. 13,14,15 & 16
b. 14,16 & 17
c. 14,16,17 & 18
d. 14,15 & 20
78. In case of transfer of property for the benefit of the public which of the following restrictions shall not apply?
a. Rule against perpetuity
b. Transfer to take effect on failure of prior interest
c. Direction of accumulation
d. All of the above
79. “A vested interest is not defeated by the death of the transferee before he obtains possession” is provided in which one of the following sections of the Transfer of Property Act, 1882.
a. Section 18
b. Section 19
c. Section 20
d. Section 21
80. ‘A’ transfers property to ‘B’ in trust for ‘C’ and directs ‘B’ to give possession of the property to ‘C’ when he attains the age of 25. C’s interest in the property is: —
a. Contingent
b. Vested
c. Neither contingent nor vested
d. Public interest
81. ‘A’ by settlement deed transfers property to ‘P’ for life, then to ‘S’. ‘S’ dies before ‘P’ dies. On the death ‘P’ the heir of ‘S’ claims the property. Is the claim valid?
a. Valid, since ‘S’ interest is heritable
b. Invalid, since ‘S’ interest is contingent
c. Invalid, since settlement deed is vague
d. None of the above
82. A man gifts his property to a temple, subject to the condition, on the death of his wife. What is created by the transaction?
a. Spec successionis
b. Contingent interest
c. Vested interest
d. None of the above
83. Under Transfer of Property Act, 1882 when can an unborn person acquire vested interest on transfer for his benefit?
a. Upon his birth
b. Upon completing the majority age
c. Upon his marriage
d. None of the above
84. Section 21 of the Transfer of Property Act, 1882 contains provisions relating to-
a. contingent interest
b. conditional transfers
c. transfer to unborn person
d. none of the above
85. Contingent interest in the property becomes a vested interest, on the happening of an uncertain event or when the happening of the event becomes: —
a. Possible
b. Impossible
c. Probable to happen
d. All of the above
86. Where on a Transfer of Property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, the Transfer is called: —
a. Conditional Transfer
b. Transfer by Interest
c. Absolute Transfer
d. Contingent Transfer
87. Which of the following is not correctly matched?
a. Rule against perpetuity Section-14
b. Conditional transfer Section-24
c. Vested Interest Section-19
d. Contingent Interest Section-21
88. Section 25 of the Transfer of Property Act deals with-
a. Conditional transfer
b. Condition subsequent
c. Condition collateral
d. Condition precedent and condition subsequent both
89. ‘A’ lets the farm to ‘B’ on condition that he shall walk a hundred miles in an hour. The lease is void under:—
a. Section 23 of T.P.A.
b. Section 24 of T.P.A.
c. Section 25 of T.P.A.
d. None of the above
90. Which of the following would be a valid transfer under the Transfer of Property Act, 1882?
a. A lets a farm to B on condition that he shall walk a hundred miles in an hour
b. A gives Rs. 500 to B on condition that he shall marry A’s daughter C. At the date of the transfer C was dead
c. A transfer Rs. 500 to B on condition that she shall murder C
d. A transfers Rs. 5000 to B on condition that he shall marry with the consent of C, D and E. E dies, B marries with the consent of C and D
91. ‘A’ gives Rs. 500 to ‘B’ on condition that ‘B’ shall marry A’s daughter ‘G’. On the date of transfer ‘G’ was dead. The transfer is void under which section of Transfer of Property Act?
a. Section 25
b. Section 26
c. Section 27
d. Section 28
92. Which section embodies ‘Doctrine of Cypres’-
a. Section 25
b. Section26
c. Section 27
d. Section 28
93. ‘A’ transfers Rs. 5,000 to his niece B if she will desert her husband. The transfer is: —
a. Voidable
b. Void
c. Legal
d. Enforceable
94. In case of a transfer depending on a condition precedent, the transfer takes place when the condition is-
a. Partially fulfilled
b. Strictly fulfilled
c. Substantially fulfilled
d. Wholly fulfilled
95. X transfers Rs. 5,000 to Y on condition that he shall marry with the consent of A, B and C, Y married without the consent of A, B and C but obtains their consent after the marriage. Y has: —
a. fulfilled the condition
b. not fulfilled the condition
c. substantially complied with
d. none of the above
96. Provision based on doctrine of acceleration under the Transfer of Property Act, 1882 is: —
a. Section 29
b. Section 28
c. Section 27
d. Section 30
97. A transfer a farm to B for his life with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. What will be effect of his life interest of farm?
a. Loses
b. Secures
c. Conditional loss
d. Conditional secure
98. Which of the following is not correctly matched?
a. Contingent interest- Section 21
b. Direction for accumulation- Section 17
c. Fulfillment of condition subsequent- Section 30
d. Priority of rights created by transfer- Section 48
99. Which of the following provisions of the Transfer of Property Act provides that a person taking the benefit of instrument must also bear the burden?
a. Section 35
b. Section 34
c. Section 33
d. Section 32
100. Doctrine of election comes under chapter of the Transfer of Property Act, 1882:
a. VII
b. II
c. IV
d. V
101. Section 35 of the Transfer of Property Act, 1882 is applicable to
a. movable property
b. immovable property
c. every kind of property
d. All of the above
102. The foundation of doctrine of election under the Transfer of Property Act, 1882 is that a person taking the benefit of an instrument: —
a. Must bear the burden
b. Must not bear the burden
c. Burden is not the subject of election
d. None of the above
103. The doctrine of election is applicable to: —
a. Hindus
b. Muslims
c. Christians
d. All the above
104. If the owner of the property elects to dissent from transfer under section 35 of the Transfer of Property Act, the disappointed transferee is entitled to be compensated when-
a. the transfer is gratuitous and the transferor dies before the election
b. the transfer is gratuitous and the transferor be-comes incapable of making of fresh transfer be-fore the election
c. the transfer is for consideration
d. All of the above
105. The farm of Sultanpur is the property of C and worth Rs. 80000. A by an instrument of gift pro-fesses to transfer it to B giving by the same instrument Rs. 1,00,000 to C, A dies before the election B shall be: —
a. Entitled to get Rs. 20000 from C
b. Entitled to get Rs. 80000 from C
c. Entitled to get Rs. 80000 from A’s representative
d. Not be entitled to get any amount from any one
106. Section 36 of the Transfer of Property Act, 1882 is related to the
a. doctrine of election
b. doctrine of cypres
c. doctrine of accretion
d. doctrine of apportionment
107. A has let house at a rent of Rs. 100 payable on the last date of each month. A sells house to B on the 15th of June. On 30th June what will be apportionment?
a. A will get Rs. 100
b. B will get Rs. 100
c. Rs. 50 to A and Rs. 50 to B
d. The tenant will be exempted from payment of rent in that month
108. The transfer by ostensible owner is provided in section of the Transfer of Property Act, 1882: —
a. Section 38
b. Section 39
c. Section 40
d. Section 41
109. Which one of the following is not correctly matched?
a. Oral transfer Section 9 of TPA
b. Rule against perpetuity Section 14 of TPA
c. Doctrine of election Section 35 of TPA
d. Transfer by Ostensible Owner Section 40 of TPA
110. A transfer of property by ostensible owner for consideration: —
a. shall be void
b. shall be valid
c. shall not be voidable provided the transferee acted in good faith
d. shall be voidable
111. Section 41 of the T.P. Act, 1882 is the statutory application of the law of: -
a. Waiver
b. Estoppel
c. Resjudicata
d. Res Subjudice
112. Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfer and has no application to: —
a. Court sale
b. Contingent sale
c. Perpetuity sale
d. Priceless sale
113. Rule of feeding the estoppel is contained in: —
a. Section 41 of the Transfer of Property Act, 1882
b. Section 42 of the Transfer of Property Act, 1882
c. Section 43 of the Transfer of Property Act, 1882
d. None of the above
114. Doctrine which requires that the transferor must deliver the subsequently acquired property to the transferee who acted upon his false representation and did harm to himself by paying money for what he could not get is called:-
a. Rule against unjust enrichment
b. Implied consent
c. Feeding the grant by estoppel
d. Doctrine of substantial compliance
115. Section 43 of the Transfer of Property Act, 1882 enables a transferee to whom a transferor has made a fraudulent or erroneous representation to lay hold, at his option, of any interest: —
a. Which the transferor may subsequently acquire in property, provided it does not adversely affect the right of any subsequent purchaser for value without notice
b. Which the transferee may rescind the proceeding
c. Which both transferor and transferee rescind
d. None of the above
116. Which one of the following is not an essential condition of section 43 of the Transfer of Property Act, 1882
a. The representation must necessarily be fraudulent
b. The transferor makes a representation that he is competent to transfer
c. Transfer is of immovable property
d. Transfer is for consideration
117. ‘A’, a Hindu, who has separated from his father ‘B’ sells to ‘C’ three fields ‘X’ V and ‘Z’ representing that ‘A’ is authorized to transfer these fields. ‘Z’ does not belong to ‘A’ but on ‘B’s death ‘A’ obtains ‘Z’. C did not rescind the contract: —
a. Contract became infructuous
b. ‘C’ may require ‘A’ to deliver ‘Z’ to him
c. Contract is void
d. Contract is unenforceable
118. ‘X’ sells to ‘Y’ property belonging to ‘Z’ Subsequently ‘Z’ dies and the property devolves on ‘X’. By which doctrine the said sale is valid-
a. Doctrine of estoppel
b. Doctrine of promissory estoppel
c. Doctrine of feeding the grant of estoppel
d. Doctrine of estoppel by conduct
119. Section 44 of the Transfer of Property Act deals with-
a. Transfer by two co-owners
b. Transfer by one co-owner
c. Transfer by three co-owners
d. Transfer by all co-owners
120. Where immovable property is transferred for consideration by persons, having distinct interest therein, but their interests in the property are of equal value, the transferor are: —
a. entitled to get equal share in the consideration
b. entitled to get unequal share in the consideration
c. entitled to get equal share subject to further transfers in future
d. none of the above
121. The doctrine “nemo dat quod not habet’ under the Transfer of Property Act is applied to
a. Section 41, Section 42, Section 43 and Section 44
b. Section 53 and 54
c. Section 45 and Section 46
d. None of the above
122. Nemo dat quod non habet (no man can confer a better title than that which he himself has) is an established principle of: —
a. Rule of transfer of property
b. Rule of law of Torts
c. Rule of law of crimes
d. Rule of contract
123. Under section 49 of the Transfer of Property Act, 1882 the transferee is entitled to the benefits of insurance covered against the loss of damage by: -
a. Fire
b. Encroachment
c. Natural calamity
d. None of the above
124. Doctrine of lis pendens is dealt under section of the Transfer of Property Act, 1882
a. 51
b. 52
c. 53
d. 43
125. The literary meaning of Lis Pendens is
a. A suit under consideration of any court of law
b. A previous decision bars the subsequent filing of the suit
c. Exception of Doctrine of Res-judicata
d. None of the above
126. Under section 52 of the Transfer of Property Act, 1882 the transferee will be bound by the result of the suit
a. If he has knowledge of the litigation
b. If he had no knowledge of the litigation even made bona fide enquiry
c. If he has paid adequate consideration for the pur-chase
d. Whether the transferee has knowledge or not as to the litigation
127. Section 52 of Transfer of Property Act, 1882 imposes a prohibition on transfer or otherwise dealing of any property during the pendency of a suit, provided the conditions laid down in Section are satisfied. The statement is: —
a. False
b. True
c. Partly true
d. None of the above
128. Which one of the following is not an essential condition for application of rule of “lis pendens” under section 52 of the Transfer of Property Act, 1882?
a. Pendency of a suit or proceeding
b. Pendency in a competent court
c. Suit must be collusive
d. Alienation must affect the rights of other party
129. The principle of lis pendens embodied in section 52 of the Transfer of Property Act pertains to: -
a. bona fide purchase
b. public policy
c. auction sale
d. None of the above
130. For applicability of doctrine of Lis Pendens the property must be:—
a. Movable
b. Immovable
c. Both (a) & (b)
d. None of these
131. During the pendency of a suit for recovery of an immovable property if the defendant transfers the property
a. the decree can be executed against the transferee
b. the decree cannot be executed against the transferee
c. the plaintiff should file a fresh suit against the transferee
d. the plaintiff has no remedy
132. The doctrine of lis-pendens applies, where: -
a. Suit is collusive
b. Where the transfer is made during the pendency of suit
c. Where title to movable property is in issue
d. Where property is situated beyond the territorial jurisdiction of the court
133. Doctrine of “lis pendens” embodied in Section 52 Transfer of Property Act:
a. Invalidate the transfer of immovable property during pending of the suit.
b. It only enacts that the purchaser pendente lite suit is bound by the result of the litigation.
c. It bar the transfer of property during pending of the suit.
d. It protect the right of collusive transferee.
134. The doctrine of lis pendens would apply against the defendant who has transferred the immovable property from the date of: -
a. filing of plaint.
b. service of notice.
c. appearance before the court.
d. hearing by the court.
135. A settlement made to defeat and defraud creditors is voidable under which section of the Transfer of Property Act?
a. Section 52
b. Section 53
c. Section 54
d. Section 55
136. Under which section of Transfer of Property Act 'Fraudulent Transfer' is defined?
a. Section 21
b. Section 35
c. Section 53
d. Section 41
137. Every transfer of immovable property, made with intent to defeat the creditors of the transferor is: —
a. voidable at the option of any creditor so defeated
b. void ab initio
c. voidable at the option of the transferee
d. none of the above
138. Part performance of contract for sale of immovable property is contemplated under which section of Transfer of Property Act?
a. Section 51
b. Section 52
c. Section 53
d. Section 53A
139. The doctrine of part performance cannot defeat the right of a
a. transferee for value
b. gratuitous transferee
c. transferee for value if he has notice of the contract or of his part performance
d. transferee for value and without notice of the previous contract or of its part performance
140. What act does not constitute part performance-
a. Delivery of possession
b. Act done in performance of the contract
c. An unequivocal act which is referable to no other contract than alleged
d. Acts introductory to and previous to the agreement
141. Which is not the ingredient of section 53A of Transfer of Property Act?
a. Agreement for transfer
b. Consideration
c. Transferee has performed his part
d. Movable Property
142. Provision of section 53A of the Transfer of Property Act, 1882 the rights of following transferee for consideration, shall not be affected
a. Who is a gratuitous transferee
b. Who has notice of the contract
c. Who has no notice of the contract
d. Whether he has notice of the contract or no notice of the contract
143. To apply the doctrine of Part Performance laid down in section 53A of the Transfer of Property Act: —
a. the transferee must be always ready and willing to discharge his part of obligation under the con-tract
b. the contract must be in writing and signed by the transferor and the terms and conditions must be - certain
c. the contract must be for value not gratuitous
d. all of the above
144. “No right of action is conferred on a transfer in possession under an unregistered contract of sale.”
Which section of Transfer of Property Act, 1882 contains this principle?
a. Section 35
b. Section 41
c. Section 53
d. Section 53A
145. For part performance of the contract which is not an essential ingredient?
a. Contract to transfer immovable property
b. Contract is in writing and signed by transferor or on his behalf
c. Transferee is in possession of the property
d. Transferee has paid full consideration