MCQs on Transfer of Property Act (With

Answers)
Multiple Choice Questions (MCQs) and answers on Transfer of Property Act especially
compiled for law students!

1. Under the provisions of the Transfer of Property Act, 1882, the seller is duty bound to
disclose:

A. Patent defects in the property

B. Latent defects in the property

C. both A and B

D. neither A nor B

Ans. B

2. Under the provisions of the Transfer of the Property Act, 1882, the benefits of a contract
can be assigned as an actionable claim and transferred unless:

A. The contract is one which had been induced by personal qualifications or considerations as to
the parties to it

B. The benefit is coupled with an obligation which the assignor is bound to discharge

C. either A or B

D. neither A nor B

Ans. C

3. Under the Transfer of Property Act, 1882, vested interest is __________.

A. Defeated by the death of the transferor

B. Defeated by the death of the transferee

C. either or both A and B

D. neither A nor B

Ans. D
4. What is the default interest payable under section 63 and 63 A of the Transfer of
Property Act, 1882?

A. 8% per annum

B. 9% per annum

C. 10% per annum

D. Interest rate is not mentioned in the sections

Ans. B

5. Where the mortgage is illegal for want of registration but the mortgagee continues in
possession of the mortgaged property, a valid mortgage comes in existence after the expiry
of:

A. 5 years

B. 10 years

C. 12 years

D. 20 years

Ans. C

6. Which e following is the right of mortgager to redeem as conferred by the Transfer of

Property Act, 1882?

A. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to any
such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to the
mortgagor

C. either A or B

D. neither A nor B

Ans. D

7. Which of the following is not valid consideration for establishing a lease:

A. Rent partly in money and partly in kind

B. A stipulation to pay government assessment or taxes payable by the lessor

C. a personal agreement by a tenant to pay a certain sum or a certain quantity in kind to the
landlord

D. None of these

Ans. C

8. Which of the following are valid illustrations of an anamolous mortgage?

A. A possessory mortgage without a conditional sale

B. A possessory mortgage with a right to cause the mortgaged property to sale in the event of
default in payment

C. both A and B

D. neither A nor B

Ans. B

9. Which of the following can be considered implied surrender of the lease?

A. Non acceptance of a new lease taking effect during the continuance of the existing lease

B. Abandonment of possession by the lessee

C. A surrender by one of the two joint lessee’s, implied surrender on the part of second lessee

D. None of these

Ans. B

10. Which of the following can be transferred under the provisions of the Transfer of
Property Act, 1882?

A. The right to mesne profits

B. A decree for mesne profits

C. A transfer of property to a prostitute for future cohabitation

D. A sub-lease of a farm for the retail sale of opium

Ans. B
11. Which of the following contracts are implied in case of mortgages under the Transfer of
Property Act, 1882?

A. That the mortgagee will pay all public charges accruing due in respect of the property

B. Where the property mortgaged is lease property, and mortgagee renews the lease, the
mortgagee has the right to continue enjoying the property until the lease runs out

C. both A and B

D. neither A nor B

Ans. D

12. Which of the following instruments have been excluded by the application of section
137 of the Transfer of Property Act, 1882?

A. Shares

B. Bills of Exchange

C. both A and B

D. neither A nor B

Ans. C

13. Which of the following is a valid example of a vested interest as defined by the Transfer
of Property Act, 1882?

A. B a deceased, in his will leaves a residential property to C, to be transferred on the death of

B’s daughter-in- law

B. B a deceased, in his will left Rs.65,000 to A, to be paid on A’s 50th birthday

C. both A and B

D. Neither A nor B

Ans. A

14. Which of the following is a valid example of contingent interest as defined by the
Transfer of Property Act, 1882?

A. B gifted his property to his daughter-in-law, with a condition that the possession of the
property will transfer to her only after B’s death
B. B made a gift of Rs.15,000 to A, deposited in an account to be transferred to A when he
attains age of majority

C. both A and B

D. neither A nor B

Ans. B

15. Which of the following is nearest to meaning of the phrase ‘English mortgaged’ as
defined by the Transfer of Property Act, 1882?

A. Where on payment of certain sum by the mortgagee the property passes to him

B. Where there are two sales made, one at the start of mortgage with the condition that after the
mortgage amount is paid back, the property will sold back

C. Where the mortgagee gets the possession of the property with the rights of profits, rents etc.

D. Where the mortgage is made by submitting the title deed

Ans. B

16. Which of the following is the definition of the term ‘Exchange’ as given under the
Transfer of Property Act, 1882?

A. When two or more persons mutually transfer the ownership of one thing for the ownership of
another, neither thing or both things being money only

B. When two persons mutually transfer the ownership of one thing for the ownership of another,
either thing or both things being money only

C. When two or more persons mutually transfer the ownership of one thing for the ownership of
another, either thing or both things being money only

D. When two persons mutually transfer the ownership of one thing for the ownership of another,
neither thing or both things being money only

Ans. D

17. Which of the following is the presumption made for lease under the Transfer of
Property Act, 1882, unless a contract or local usage states otherwise?

A. The lease of immovable property for agriculture will be assumed to be for a period of three
years
B. The lease of immovable property for purpose other than agriculture and manufacturing will be
deemed to be for a period of one month

C. both A and B

D. neither A nor B

Ans. B

18. Which of the following is the time limit given under Section 17 of the Transfer of
Property Act, 1882?

A. Life of the transferee

B. A period of 18 years from the date of transfer

C. either A or B whichever is longer

D. neither A nor B

Ans. B

19. Which of the following is true regarding the ‘right of subrogation’ as defined under the
Transfer of Property Act, 1882?

A. Any person redeeming the property under provisions of section 91 of the Act, has the same
rights as the mortgagor against the mortgagee

B. Any person redeeming the property under provisions of section 91 of the Act, has the same
right as the mortgagee against the mortgagor

C. either A or B depending on the facts of the case

D. neither A nor B

Ans. A

20. Which of the following is valid gift under the Transfer of Property Act, 1882?

A. A gift of interest in a house to a donee by a donor, allowing him to stay in it as long as he

pays maintenance charges of Rs.30,000 per month to the donor. The rental value of the property
is Rs.26,000

B. A gift of land by donor to a done, in return of a stone necklace worth Rs.3,000. The value of
land being Rs.33,000
C. A gift of single rose valued at Rs.3 to a donee, in return of the donee being a considerate
person

D. All of these

Ans. C

21. Which of the following properties can be transferred under the Transfer of Property
Act, 1882?

A. Salary of a public officer

B. Right to sue

C. both A and B

D. neither A nor B

Ans. D

22. Which of the following propositions for distinguishing between a lease and a licence
were made by Justice J Subba Rao in Associated Hotels of India v. RN Kapoor?

A. To ascertain whether a document creates a lease or a licence, the form of the document must
be preferred to its substance

B. The real test is the intention of the parties, whether they intended to create a lease or a licence

C. If the document creates an interest in the property, it is a licence; but, if it only permits
another to make use of the property, of which legal possession continues with the owner, it is a
lease

D. both A and B

Ans. B

23. Which of the following section of the Transfer of Property Act, 1882 deal with the
appointment of a receiver?

A. Section 68

B. Section 68A

C. Section 69

D. Section 69A
Ans. D

24. Which of the following sections of the provisions of the Transfer of Property Act, 1882
deals with relief against forfeiture for the non-payment of rent?

A. Section 114

B. Section 114A

C. Section 113

D. Section 113A

Ans. A

25. Which of the following sections of the Transfer of Property Act, 1882 do not apply to
persons governed by Muhammadan law?

A. Section 55

B. Section 11

C. both A and B

D. neither A nor B

Ans. B

26. Which of the following sections of the Transfer of Property Act, 1882 were repealed by
the Transfer of Property (Amendment) Act 1929?

A. Section 74

B. Section 75

C. both A and B

D. neither A nor B

Ans. C

27. Which of the following statements are true regarding rights and liabilities of a lessor
under the Transfer of Property Act, 1882?

A. The lessee is bound on the lessor’s request to put him in possession of the property
B. The lessor is bound to pay or tender, at the proper time and place, the premium or rent to the
lessee or his agent in this behalf

C. Lessee must not without permission erect on the property any permanent structure, except for
agricultural purpose

D. Lessee must not without permission erect on the property any temporary or permanent
structure, except for agricultural purpose

Ans. C

28. Which of the following statements hold true regarding receiver under the provisions of
the Transfer of Property Act, 1882?

A. A person paying money to the receiver must make sure that the appointment of receiver is
valid

B. The receiver can use the insurance money received, subject to other provisions of the Transfer
of Property Act, 1882, for the payment of interest falling due under the mortgage, if so directed
in writing by the mortgagee

C. The receiver can use the insurance money received, subject to other provisions of the Transfer
of Property Act, 1882, for the payment of principle money, if so directed in writing by the
mortgagee

D. None of these

Ans. C

29. Which of the following statements is true regarding definitions given under the
Transfer of Property Act, 1882?

A. Term ‘instrument’ means both testamentary and non- testamentary instrument

B. Term ‘actionable claims’ include debt secured by mortgage on the residential house

C. The term ‘attached to earth’ will not means trees and shrubs

D. The term ‘attested’ means attested by two or more witness

Ans. D

30. Which of the following statements is true regarding suit for redemption of mortgaged
property under the Transfer of Property Act, 1882?

A. Only mortgagor can bring the suit

B. Any creditor of the mortgagor who has obtained a decree, can bring the suit

C. Any creditor irrespective of decree for the same, can bring the suit

D. Any surety for the payment of the mortgage debt, can bring the suit

Ans. D

31. Based on court rulings in India which of the following activities will qualify for the
purpose of provisions of section 18 of the Transfer of Property Act, 1882?

A. A gift for maintenance of property for the benefit of distinguished visitors to neighbourhood

B. A permanent bequest by a Parsi for the performance of muktad ceremonies

C. A gift for dharma

D. A gift for the spread of the Hindu religion

Ans. B

32. C and B are two brothers living as joint family. They decided to have a partition. In the
partition deed the house with well fell on C, and B was allowed to take water from the well
out of brotherly love. The right to take water will be in form of:

A. Easement

B. Revocable license

C. Irrevocable license

D. Interest in the property

Ans. C

33. Charge can be created by:

A. Act of parties

B. Operation of Law

C. Both A and B

D. Neither A nor B

Ans. C
34. Contract of tenancy can be split up by:

A. Court in eviction proceedings

B. Operation of Law

C. Either A or B

D. Neither A nor B

Ans. B

35. In case a lease is made for a certain period mentioning that it is terminable before its
expiration, without mentioning at whose option________.

A. Only lessee will have the option of termination

B. Only lessor will have the option of termination

C. The lease will be terminable only in case of mutual agreement

D. Both lessor and lessee will have option of terminating the lease

Ans. A

36. In certain areas, the zamindar has a customary right to recover one-fourth of the sale
consideration for a house sold by the riyaya. This is a customary right of antiquity
mentioned in the wajibularz of the village. It is based not on contract or encumbrance, but
arises only on sale. The riyaya has no saleable interest in a house in an agricultural village,
but such a right is given to him on the understanding that if he leaves or abandons it, the
zamindar gets one- fourth as zare chahorum. This custom was acknowledged because in
settling the house, the zamindar had to make certain investments. The custom is not
unreasonable or opposed to law. Which of the following statement will apply?

A. The transaction will attract provision of section 55 of the Transfer of Property Act, 1882

B. The transaction will be saved by section 2(c) of the Transfer of Property Act, 1882 from the
operation of section 55 of the act

C. The transaction is in form of customs, and customs and usage supersede the provisions of the
Transfer of Property Act, 1882

D. The transaction is in forms of customs, and provisions of the Transfer of Property Act, 1882
supersede the customs and usage

Ans. B
37. In Dinendronath Sannyal v Ramcoomar Ghose it was held that:

A. The transfer by operation of law occurs in case of testamentary and intestate succession

B. An involuntary ‘sale’ is not necessarily a transfer by the operation of law

C. Legislature can modify, annul and substitute the contracts inter- vivos

D. None of these

Ans. A

38. In England, express surrenders of the lease are required by the Statute of Frauds to be
in writing, in India the express surrenders of the lease:

A. Must be in writing

B. Must be registered if there are facts de hors

C. Both A and B

D. Neither A nor B

Ans. D

39. In English law, a minor cannot hold a legal estate in land, in India, a lease by a minor
is_______.

A. Valid

B. Void

C. Voidable

D. Depends on the facts of the case

Ans. B

40. In Roman law, the earliest type of security was:

A. The fiducia

B. The pignus

C. The hypotheca
D. None of these

Ans. A

41. In which of the following cases did J Kekewich said that “You cannot limit an estate to
a man and his heirs until he shall convey the land to a stranger, because it is of the essence
of an estate in fee that it confers free power of alienation, and it has long been settled that
the same principle is applicable to gifts of personality.”

A. Metcalfe v Metcalfe

B. Deo v Bevan

C. Tamaya v Timpa

D. Hippolite v Stuart

Ans. A

42. In which of the following cases is rule against perpetuity not applicable under the
Transfer of Property Act, 1882?

A. In case property is transferred for the benefit of lineal decedents

B. In case property is transferred for the purpose of construction of a winery

C. In case property is transferred for the purpose of creating a temple promoting Sati

D. In case property is transferred for building a library for comic books

Ans. D

43. In which of the following cases will the puisne mortgagee has no right to redeem a prior
mortgage?

A. Puisne mortgage is invalid

B. Puisne mortgage is time-barred

C. Puisne mortgagee has lost all remedies of foreclosure

D. All of these

Ans. D

44. Section 5 of the Transfer of Property Act, 1882:

A. Applies to property sold in auction sale

B. Does not apply to property sold in auction sale

C. Applies to compromise of doubtful rights

D. Does not apply to compromises of doubtful rights

Ans. B

45. Section 99 of the Transfer of Property Act, 1882 deals with____________.

A. Provisions related to charges on property

B. Provisions related to anomalous mortgage

C. Provisions related to mortgage by depositing of title deeds

D. None of these

Ans. D

46. Subrogation as defined in Section 92 of the Transfer of Property Act, 1882 can be:

A. Conventional

B. Legal

C. either A or B

D. neither A nor B

Ans. C

47. The basic ingredients of the doctrine of lis pendens are:

A. The suit should be collusive

B. Property should have been transferred or otherwise dealt with

C. A litigation should be pending in a court of competent jurisdiction

D. The suit must not be related to a specific immovable property

Ans. C
48. The doctrine of lis pendens:

A. Is applicable on both movable and immovable property

B. Is applicable on both partial and absolute transfers

C. Is applicable on both specified and unspecified properties

D. All of these

Ans. B

49. The English Law:

A. Recognises the concept of Universal Donee

B. Recognises the concept of Universal Succession

C. Both A and B

D. Neither A nor B

Ans. D

50. The English rule against perpetuities deals with:

A. Interests to arise in future

B. Interests in proesenti

C. Both A and B

D. Neither A nor B

Ans. C

51. The English rule that a grant should be construed most favourably to the sovereign:

A. Is applicable in India in its totality

B. Is not applicable in India

C. Partially applicable in all the cases in India

D. Partially applicable to some of the cases in India

Ans. B

52. The first draft bill of Transfer of Property Act, 1882 was made by:

A. First Law Commission

B. Second Law Commission

C. Third Law Commission

D. Fourth Law Commission

Ans. A

53. The forfeiture under section 111(g) of the Transfer of Property Act, 1882 can________.

A. Not be waived off, except by express declaration of the same

B. Can be waived off by acceptance of rent becoming due after forfeiture, after the suit to eject
lessee has been initiated

C. Can be waived off by accepting of rent becoming due after forfeiture, in case lessor is not
aware that forfeiture has incurred

D. Can be waived off by accepting of rent becoming due after forfeiture, as long as lessor knows
that forfeiture has incurred

Ans. d

54. The notice period for termination of lease for residential purpose is_______, in absence
of contract or usage to the contrary.

A. Fifteen days

B. One month

C. Two months

D. Forty-Five days

Ans. A

55. The Privy Council in Mohammed Sher Khan v. Seth Swami Dayal has settled that:

A. Section 98 of the Transfer of Property Act, 1882 is subject to Section 60 of the Transfer of
Property Act, 1882
B. Section 60 of the Transfer of Property Act, 1882 is subject to Section 98 of the Transfer of
Property Act, 1882

C. Either A or B depending on the facts of the individual cases

D. Neither A nor B

Ans. A

56. The provisions of section 60A of the Transfer of Property Act, 1882 do not apply
when_________.

A. The mortgagor is in possession of the property

B. The mortgagor has recovered possession of the property

C. The mortgagee has defaulted in receiving payment

D. The mortgagor has not defaulted in making payments

Ans. B

57. The rule against perpetuity as given in section 14 of the Transfer of Property Act 1882,
applies to:

A. Immovable property

B. Movable property

C. Both A and B

D. Unconditionally to A, conditionally to B

Ans. C

58. Transfer of Spes Succession is:

A. Valid

B. Void

C. Voidable

D. Either A or B

Ans. B
59. Under the provisions of the Transfer of Property Act, 1882, if there are patent defects
in the property:

A. The maxim of caveat emptor will apply

B. The maxim of uberrimae fidei will apply

C. Both A and B

D. Neither A nor B

Ans. A

60. Under the provisions of the Transfer of Property Act, 1882, the seller is duty bound to
disclose:

A. Patent defects in the property

B. Latent defects in the property

C. Both A and B

D. Neither A nor B

Ans. B

61. Under the provisions of the Transfer of the Property Act, 1882, the benefits of a
contract can be assigned as an actionable claims and transferred unless:

A. The contract is one which had been induced by personal qualifications or considerations as to
the parties to it

B. The benefit is coupled with an obligation which the assignor is bound to discharge

C. Either A or B

D. Neither A nor B

Ans. C

62. Under the Transfer of Property Act, 1882, vested interest is_______.

A. Defeated by the death of the transferor

B. Defeated by the death of the transferee

C. Either or both A and B

D. Neither A nor B

Ans. D

63. What is the default interest payable under section 63 and 63 A of the Transfer of
Property Act, 1882?

A. 8% per annum

B. 9% per annum

C. 10% per annum

D. Interest rate is not mentioned in the sections

Ans. B

64. Where the mortgage is illegal for want of registration but the mortgagee continues in
possession of the mortgaged property, a valid mortgage comes in existence after the expiry
of:

A. 5 years

B. 10 years

C. 12 years

D. 20 years

Ans. C

65. Which e following is the right of mortgager to redeem as conferred by the Transfer of
Property Act, 1882?

A. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to any
such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to the
mortgagor

C. Either A or B

D. Neither A nor B
Ans. D

66. Which of the following are not valid consideration for establishing a lease:

A. Rent partly in money and partly in kind

B. A stipulation to pay government assessment or taxes payable by the lessor

C. A personal agreement by a tenant to pay a certain sum or a certain quantity in kind to the
landlord

D. None of these

Ans. C

67. Which of the following are valid illustrations of an anamolous mortgage?

A. A possessory mortgage without a conditional sale

B. A possessory mortgage with a right to cause the mortgaged property to sale in the event of
default in payment

C. Both A and B

D. Neither A nor B

Ans. B

68. A transfers property to B for life and after his death to C and D, equally to be divided
between them or to the survivors of them. C dies during life of B. D survives B. At B’s
death the property:

(a) shall pass to D

(b) shall pass to any person

(c) shall pass to person who is specifically named in transfer

(d) none of the above.

Ans. a

69. The provisions of conditional transfer is provided in the Transfer of Property Act,
1882:

(a) section 25
(b) section 26

(c) section 27

(d) section 29.

Ans. a

70. X transfers Rs.500 to Y on condition that he shall execute a certain lease within three
months after Y’s death, and, if he should neglect to do so to Z. If Y dies in X’s life time:

(a) the disposition in favour of Z takes effect

(b) the disposition shall not take effect in favour of Z

(c) the disposition requires further conditions

(d) none of the above.

Ans. a

71. X marries to Y but in case she dies in his lifetime, he would transfer the property to Z.
X and Y perish together, under circumstances which make it impossible to probe that she
died before him. The disposition of property in favour of Z:

(a) does not take effect

(b) takes effect

(c) disposition is subject to another contract

(d) none of the above.

Ans. a

72. Under the provisions of section 29 of the Transfer of Property Act, 1882 an ulterior
disposition of the kind contemplated in the provision of section 28 cannot take effect unless:

(a) condition is strictly fulfilled

(b) condition is not fulfilled

(c) only (b) is correct

(d) none of the above.

Ans. a

73. In case of transfer of property under the Transfer of Property Act, 1882, if the ulterior
disposition is not valid then:

(a) the prior disposition is affected by it

(b) the prior disposition is not affected by it

(c) no such condition is prevailed under the Transfer of Property Act, 1882

(d) none of the above.

Ans. b

74. A transfer a garden to B for her 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. Decide the case in
the light of Transfer of Property Act, 1882:

(a) B loses his life interest in the firm

(b) B does not lose his life interest in the firm

(c) no such provision is made under the Transfer of Property Act, 1882

(d) none of the above.

Ans. a

75. Under the provisions of section 35 of the Transfer of Property Act, 1882, where a
person professes to transfer property which he has no right to transfer, and as part of the
same transaction confers any benefit on the owner of the property then:

(a) such owner must elect either to confirm such transfer or to dissent from it

(b) such owner can elect to confirm such transfer only

(c) such owner can dissent from transfer only

(d) none of the above.

Ans. a

76. 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.

Ans. a

77. The rule of election under the Transfer of Property Act, 1882, as applied to Will is
enacted in sections 180 and 192 of the:

(a) Indian Succession Act, 1925

(b) Indian Registration Act, 1908

(c) Sale of Goods Act, 1930

(d) General Clauses Act, 1897.

Ans. a

78. A person is not put to his election, unless he has a proprietary interest in the property
disposed off in derogation of his rights. This is the subject matter under provisions of:

(a) section 35 of the Transfer of Property Act, 1882

(b) section 35 of the Indian Registration Act, 1908

(c) section 35 of the Indian Succession Act, 1925

(d) General Clauses Act, 1897.

Ans. a

79. Section 37 of the Transfer of Property Act, 1882 refers to apportionment by estate. In
this light, before the Transfer of Property Act, 1882, when a transfer was severed by the
sale of shares in the version the tenant was still obliged to pay the rent to all shares jointly:

(a) unless an apportionment had been agreed to by all the parties

(b) any party is agreed by all the parties

(c) any two parties are agreed

(d) none of the above.

Ans. a

80. In the Transfer of Property Act, 1882, sections 33 to 37 apply to both immovable and
movable property whereas sections 38 to 53 apply to:

(a) movable property only

(b) immovable property

(c) both immovable and movable property

(d) none of the above.

Ans. b

81. Provisions of section 38 of the Transfer of Property Act, 1882 does not apply to cases
falling under:

(a) benamidars or ostensible owners who can give no title except by estoppel

(b) contingent transfer which is based on happening and not happening of certain events

(c) perpetual transfer

(d) none of the above.

Ans. a

82. Section 38 of the Transfer of Property Act, 1882, has no application:

(a) to previous transfer where the transaction is still incomplete

(b) to succeeding transfer where the transaction is to be completed in future

(c) to perpetuity transfer

(d) none of the above.

Ans. a

83. Under section 39 of the Transfer of Property Act, 1882 the provision is made for
transfer where the third person is entitled to maintenance. In this context the court held
that right of maintenance, even of a Hindu widow, is an identified right which falls short of
a charge. This was decided in case of:
(a) Ramanandan v. Rangammal, (1889) 12 Mad 260

(b) Ram Kumar v. Ram Dai, (1900) 22 All 326

(c) Rachawa v. Shivayogoda, (1893) 18 Bom 679

(d) none of the above.

Ans. a

84. Right to maintenance under the provisions of section 39 of the Transfer of Property
Act, 1882 includes the enhanced maintenance in future to these if there has been a material
change in the circumstances. This was decided in case of:

(a) Adiveppa v. Tengawzva, (1974) 2 Karn LJ 45

(b) Kaveri v. Parameswari, AIR 1971 Ker 216

(c) Dattatreya v. Julsabai, (1943) Bom 646

(d) Pranlal v. Chapsey, AIR 1945 Bom 34.

Ans. b

85. Within the provisions of section 39 of the Transfer of Property Act, 1882 the word
“maintenance” covers also residence. This was decided in case of:

(a) Kaveri v. Parameswari, AIR 1971 Ker 216

(b) Ramamurthi v. Kanakaratnam, (1948) Mad 315

(c) Akhoy Kumar v. Corporation of Calcutta, (1915) 42 Cal 625

(d) Maina v. Bachchi, (1906) 26 All 655.

Ans. a

86. Within the meaning of provision under section 39 of the Transfer of Property Act, 1882
a woman is entitled to maintenance not only from the husband, but also from sons who are
members of joint family. This was decided in case of:

(a) S. Periaswami v. Chellawal, (1980) 1 Mad LJ 46

(b) Raghvan v. Nagamal, (1979) 1 Mad LJ 172

(c) Chandramna v. Maniam Vankettareddy, AIR 1958 AP 396

(d) Basudev Dey Sarkar v. Chhaya Dey Sarkar, AIR 1991 Cal 399.

Ans. a

87. Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfers and
has no application to:

(a) court sale

(b) contingent sale

(c) perpetuity sale

(d) price less sale.

Ans. a

88. Under the provisions of section 41 of the Transfer of Property Act, 1882, these are some
conditions:

(1) Transferer is the ostensible owner.

(2) He is so by the consent, express or implied, of the real owner.

(3) Transfer is for consideration.

(4) Transferee has acted in good faith, taking reasonable care to ascertain that the transferer had
power to transfer.

(a) only (1) and (2) are required

(b) only (1), (2) and (3) are required

(c) only (3) and (4) are required

(d) all are required.

Ans. d

89. Possession of a manager cannot be treated as ostensible ownership with the consent of
the real owner. This was held in case of:

(a) Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273

(b) Ved Kumar v. Union of India, AIR 1989 NOC 136

(c) Motimul Sowvar v. Vijalakshi Ammal, AIR 1965 Mad 432

(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.

Ans. a

90. Inaccuracy in the recitals describing the property:

(a) cannot whitle down the effect of clear recitals in the documents about the property to be sold
thereby

(b) can whitle down the effect of clear recitals in the document about the property to be sold
thereby

(c) cannot depend upon the inaccuracy or accuracy of recital describing property

(d) none of the above.

Ans. a

91. Under section 42 of the Transfer of Property Act, 1882 if a person has a right to
transfer property, after exercising a right to revoke a previous transfer, a transfer of such
property by him will imply an exercise of:

(a) right of revocation

(b) right of transfer

(c) right of surrender

(d) none of the above.

Ans. a

92. Section 43 of the Transfer of Property Act, 1882 enables a transferee to whom a
transferer has made a fraudulent or erroneous representation to lay hold, at his option, of
any interest:

(a) which the transferor may subsequently acquire with property, provided he 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.

Ans. a

93. In order to get the benefit of the section 43 of the Transfer of Property Act, 1882 some
conditions are necessary:

(1) Contract of transfer was made by a person who was competent to contract.

(2) Contract would be subsisting at the time when a claim for recovery of the property is made.

(a) both (1) and (2) necessary

(b) only (1) is necessary

(c) only (2) is necessary.

(d) none of the above.

Ans. a

94. Section 44 of the Transfer of Property Act, 1882, deals with:

(a) transfer by two co-owner

(b) transfer by one co-owner

(c) transfer by 3 co-owners

(d) transfers by all co-owners.

Ans. b

95. When one of several co-owners transfers his share, the transferee acquires as against
the other co-owners the same rights that of transferor had but is subject to any condition
and liabilities affecting the share at the date of transfer. This is the provision under:

(a) section 40 of the Transfer of Property Act, 1882

(b) section 41 of the Transfer of Property Act, 1882

(c) section 42 of the Transfer of Property Act, 1882

(d) section 44 of the Transfer of Property Act, 1882.

Ans. d

96. The provision for the joint transfer for consideration is dealt in:
(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(c) section 46 of the Transfer of Property Act, 1882

(d) none of the above.

Ans. a

97. Presumption of equity pertains to:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(c) section 47 of the Transfer of Property Act, 1882

(d) section 48 of the Transfer of Property Act, 1882.

Ans. a

98. Under the provisions of the Transfer of Property Act, 1882, where immovable property
is transferred for consideration by persons having distinct interests therein, the transferors
are:

(a) entitled to share in the considerations equally

(b) entitled to share unequally

(c) entitled to share equally but subject to further

(d) none of the above.

Ans. a

99. Where several co-owners of immovable property transfer a share therein without
specifying that the transfer is to take effect on any particular share or shares of the
transfers, the transfer, as among such transferors, takes effect on such share:

(a) inequally where the shares were equal and where they are unequal proportionally to the
extent of such shares

(b) equally where the share were equal and where they are unequal proportionately to the extent
of such shares
(c) only (a) is correct

(d) none of the above.

Ans. b

100. Which of the following statements will hold true regarding exchange under the
Transfer of Property Act, 1882?

A. All the liabilities and responsibilities under normal sale apply to exchange

B. All the liabilities and responsibilities under normal sale apply to exchange, subject to
provisions of section 119 and 121 of the Act

C. No liability and responsibility under normal sale will apply to exchange unless specifically
stated

D. Liabilities and responsibilities under normal sale will not apply to exchange under any
circumstances

Ans. B

101. Which of the following transfers and conditions will be valid under the Transfer of
Property Act, 1882?

A. A sells the property to B absolutely, with a direction that B cannot sell it without the
permission of A

B. A makes a gift to B with a condition that in case B does not divorce his wife, the property will
revert back to A

C. A gifts the property to his wife with a condition that his wife cannot sell without A’s
permission

D. None of these

Ans. D

102. Which of the following statements is true regarding the definition of rent of lease as
given under the Transfer of Property Act, 1882?

A. The rent must be in form of money and not in kind

B. The rent can be in form of money or service but not in kind

C. The rent can be in money or in kind

D. The rent cannot be in form of money

Ans. C

103. Which of the following statements is true regarding transfer of actionable claims
under the provisions of the Transfer of Property Act, 1882?

A. The transferee of an actionable claims steps into the shoes of the transferor for all purposes

B. The transfer of an actionable claim for the purpose of gift, can be done by delivery of the
instrument and oral statement to the effect.

C. both A and b

D. neither A nor B

Ans. A

104. Which of the following statements is true under the provisions of the Transfer of
Property Act, 1882?

A. Prepaid rent is regarded as rent

B. The foundation of the doctrine of election is that a person taking the benefit of an instrument
need not bear the burden

C. Election is a breach of the general rule that no one may approbate and reprobate

D. The doctrine of election is based on intention to this extent that the law presumes that the
author of an instrument intended to give effect to every part of it

Ans. D

105. Which of the following statements will apply in case a landlord in a suit for ejectment
of tenant, obtains a decree for ejectment?

A. A notice would need to be given under section 106 of the Transfer of Property Act, 1882

B. A notice under section 106 of the Transfer of the Property Act, 1882 will be needed in case
the lease is not terminable at will

C. A notice under section 106 of the Transfer of the Property Act, 1882 is not needed

D. A notice under section 106 of the Transfer of the Property Act, 1882 will be needed unless
there is a contract to the contrary
Ans. C

106. Which of the following statements will hold true regarding exchange under the
Transfer of Property Act, 1882?

A. All the liabilities and responsibilities under normal sale apply to exchange

B. All the liabilities and responsibilities under normal sale apply to exchange, subject to
provisions of section 119 and 121 of the Act

C. No liability and responsibility under normal sale will apply to exchange unless specifically
stated

D. Liabilities and responsibilities under normal sale will not apply to exchange under any
circumstances

Ans. B

107. Which of the following transfers and conditions will be valid under the Transfer of
Property Act, 1882?

A. A sells the property to B absolutely, with a direction that B cannot sell it without the
permission of A

B. A makes a gift to B with a condition that in case B does not divorce his wife, the property will
revert back to A

C. A gifts the property to his wife with a condition that his wife cannot sell without A’s
permission

D. None of these

Ans. D

108. Which of the following is nearest to meaning of the phrase ‘English mortgaged’ as
defined by the Transfer of Property Act, 1882?

A. Where on payment of certain sum by the mortgagee the property passes to him

B. Where there are two sales made, one at the start of mortgage with the condition that after the
mortgage amount is paid back, the property will sold back

C. Where the mortgagee gets the possession of the property with the rights of profits, rents etc.

D. Where the mortgage is made by submitting the title deed

Ans. B

109. Which of the following is the right of mortgager to redeem as conferred by the
Transfer of Property Act, 1882?

A. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to any
such third person as the mortgagor directs

B. Right to demand that the mortgagee at his cost, should transfer the mortgaged property to the
mortgagor

C. either A or B

D. neither A nor B

Ans. D

110. Which of the following properties can be transferred under the Transfer of Property
Act, 1882?

A. Salary of a public officer

B. Right to sue

C. both A and B

D. neither A nor B

Ans. D

111. Which of the following transfers and conditions will be valid under the Transfer of
Property Act, 1882?

A. A sells the property to B absolutely, with a direction that B cannot sell it without the
permission of A

B. A makes a gift to B with a condition that in case B does not divorce his wife, the property will
revert back to A

C. A gifts the property to his wife with a condition that his wife cannot sell without A’s
permission

D. None of these

Ans. D
100 sample questions on The Transfer of Property
Act, 1882
1. Before the commencement of the Transfer of Property Act, 1882, the transfer of
immovable properties in India were 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.

2. The courts, before the enactment of the Transfer of Property Act, 1882, were forcing
to decide property disputes according to their own notion and justice and fairplay,

(a) because judges were making own laws

(b) because of absence of any specific statutory provisions on the property matters

(c) because British Judges were confused with Indian property disputes

(d) because judges were educated in British property laws.

3. Law Commission for the Transfer of Property matters was appointed in England
and the Draft Bill prepared by the Commission was introduced in Legislative Council
in

(a) 1870

(b) 1875

(c) 1877

(d) 1882.

4. The Bill on Transfer of Property was referred to

(a) First Law Commission

(b) Second Law Commission

(c) Third Law Commission

(d) Fourth Law Commission.

5. The Transfer of Property Act was enacted in the year

(a) 1880

(b) 1881

(c) 1882

(d) 1883.

6. The Transfer of Property Act received its assent on

(a) 17th February, 1882

(b) 22nd February, 1882

(c) 23rd February, 1882

(d) 27th February, 1882.

7. First Amendment was made in the Transfer of Property Act, 1882 in the year

(a) 1880

(b) 1883

(c) 1884

(d) 1885.

8. The Transfer of Property Act, 1882, came into effect from

(a) 17th February, 1882

(b) 27th February, 1882

(c) 17th March, 1882

(d) 1st July, 1882.

9. The Transfer of Property Act, 1882, extends in first instance to the whole of India
except:

(a) territories which, immediately before 1st November, 1956 were comprised in Part B States or in
State of Bombay, Punjab and Delhi
(b) territories which immediately before 1st November, 1956, were comprised in Part B State or in
States of Bombay, Bihar and West Bengal

(c) it extends in first instance to the whole of India except the territories which immediately before
1st November, 1956, were comprised in Part B States of Madras, West Bengal and Manipur

(d) it extends in first instance to the whole of India except the territories which immediately before
1st November, 1956 were comprised in Part B States of Assam, Manipur and Tripura.

10. According to the Transfer of Property Act, 1882 any State Government may from
time to time exempt either any part of territories from all or any of sections

(a) 54, paragraphs 2 and 3, 59,107 and 123

(b) 54,107 and 123

(c) 54, 107 and 120

(d) 54,107 and 113.

11. Within the meaning of provisions of the Transfer of Property Act, 1882, the
immovable property does not include:

(a) standing timber or grass

(b) standing timber, jewellery and crops

(c) standing timber, growing crops or grass

(d) only grass.

12. According to Transfer of Property Act, 1882

(a) instrument means a non-testamentary instrument

(b) testamentary instrument

(c) both testamentary and non- testamentary instrument

(d) none of the above.

13. Under the Transfer of Property Act, 1882, the term "attested" means

(a) attested by two or more witnesses

(b) attested by one witness only

(c) attested by two witnesses only

(d) no condition prevails.

14. Under the Transfer of Property Act, 1882, registered pertains to

(a) registration of property

(b) registration of documents

(c) registration of parties

(d) none of the above.

15. Under the Transfer of Property Act, 1882, "attached to earth" means:
(I) routed in the earth, as in the case of trees and shrubs;
(II) imbedded in the earth as in the case of walls and buildings; or
(III) attached to what is so imbedded for the permanent beneficial enjoyment of that to
which it is attached.

(a) only (I) and (II) are correct

(b) only (II) and (III) are correct

(c) only (I) and (III) are correct

(d) all (I), (II) and (III) are correct.

16. The chapters and sections of the Transfer of Property Act, 1882, which relate to
contracts shall be part of:

(a) Indian Registration Act, 1908

(b) Sale of Goods Act, 1930

(c) General Clauses Act, 1897

(d) Indian Contract Act, 1872.

17. Within the meaning of section 4 of the Transfer of Property Act, 1882 the
provisions of sections 54, paragraphs 2 and 3, sections 59, 107 and 123 shall be read as
supplemented to:

(a) Indian Contract Act, 1872

(b) Indian Registration Act, 1908

(c) General Clauses Act, 1897

(d) Sale of Goods Act, 1930.

18. Chapter II of the Transfer of Property Act shall not be deemed to effect any rule of

(a) Mohammadan law

(b) Christian law

(c) Parsi law

(d) none of the above.

19. According to section 5 of the Transfer of Property Act, 1882, living person includes:

(a) company or association or body of individuals

(b) individual human being only

(c) only important company or associations

(d) none of the above.

20. Under the provisions of section 6 of the Transfer of Property Act, 1882, the chance
of an heir-apparent succeeding to an estate, the chance of a relation abstaining a
legacy on the death of a kinsman, or any other mere possibility of like nature:

(a) cannot be transferred

(b) can be transferred

(c) can be transferred subject to certain conditions

(d) none of the above.

21. Under the provisions of section 6 of the Transfer of Property Act, 1882, a mere
right of re-entry for breach of a condition subsequent cannot be transferred to any one
except the owner of the property affected thereby

(a) the statement is true

(b) the statement is false

(c) the statement is partly true

(d) none of the above.

22. Under the provisions of the Transfer of Property Act, 1882, an easement cannot be
transferred apart from the dominant heritage

(a) the statement is true

(b) the statement is false

(c) the statement is partly true

(d) none of the above.

23. According to the provisions of the Transfer of Property Act, 1882, all interest in
property restricted in its enjoyment to the owner personally cannot be transferred by
him

(a) the statement is true

(b) the statement is false

(c) the statement is partly true

(d) none of the above.

24. Under the provisions of section 6 of the Transfer of Property Act, 1882

(a) a right to future maintenance can be transferred

(b) cannot be transferred

(c) no such provision is made in the Act

(d) none of the above.

25. Under the provisions of the Transfer of Property Act, 1882

(a) a mere right to sue can be transferred

(b) a mere right to sue cannot be transferred

(c) no such provision is made in the Act

(d) none of the above.

26. Under the Transfer of Property Act, 1882

(a) the salary of a public officer can be transferred

(b) the salary of a public officer cannot be transferred

(c) no such provision is found in the Act

(d) none of the above.

27. Under the Transfer of Property Act, 1882

(a) a public office cannot be transferred

(b) a public office can be transferred

(c) such provision is absent in the Act

(d) none of the above.

28. Under the provisions of section 6 of the Transfer of Property Act, 1882, no transfer
can be made for an unlawful object or consideration within the meaning of section 23
of the Indian Contract Act, 1872

(a) the statement is false

(b) the statement is true

(c) the statement is partly true

(d) none of the above.

29. Under the provisions of section 7 of the Transfer of Property Act, 1882, the
competent person to transfer means:
I. Every person competent to contract only;
II. Every person entitled to transferable property or authorised to dispose of
transferable property.

(a) only (I) is correct

(b) both (I) and (II) are correct

(c) (II) is correct

(d) neither is correct.

30. The term "transfer" under the Transfer of Property Act, 1882, refers to

(a) partly or whole transfer

(b) absolute or conditional transfer

(c) contingent transfer

(d) both (a) and (b) are correct.

31. Under section 8 of the Transfer of Property Act, 1882 the legal incidents also
includes-

(a) machinery attached to earth and the moveable parts thereof

(b) only machinery attached to earth

(c) only moveable parts of the machinery attached to earth

(d) none of the above.

32. Under the provisions of section 9 of the Transfer of Property Act, 1882 the transfer
includes-

(a) also oral transfer

(b) written transfer only

(c) only (a) is correct

(d) only (b) is correct.

33. Under the Transfer of Property Act, 1882, where a writing is not expressly required
by law:

(a) a transfer of properties may be made without writing in 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.

34. Under the Transfer of Property Act, 1882 the condition restraining alienation is
provided in

(a) section 10

(b) section 9

(c) section 8

(d) section 7.
35. Where in a Transfer of Property, an interest is created absolutely in favour of any
person though the terms of the transfer direct that such interest shall be applied or
enjoyed by him in a particular member:

(a) he shall be entitled to receive and dispose of such interest as if there were no such direction

(b) he shall not be entitled to interest

(c) he shall be entitled to interest subject to terms and conditions

(d) none of the above.

36. Under section 12 of the Transfer of Property Act, 1882 where the transfer of
property is subject to conditions or limitations making interest therein to the benefit
of person to lease on his becoming involved or endeavouring to transfer or dispose of
property, such condition is:

(a) valid

(b) void

(c) partly void

(d) none of the above.

37. Provisions of section 12 of the Transfer of Property Act, 1882

(a) does not apply to lease condition in the benefit of the lessor

(b) does apply to a condition in a lease for the benefit of lessor

(c) no such condition is made under such provision

(d) none of the above.

38. The rules against the perpetuity is provided in section …….of the Transfer of
Property
Act, 1882

(a) 14

(b) 15

(c) 16

(d) 17.
39. 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.

40. Under section 16 of the Transfer of Property Act, 1882 where an interest created
for the benefit of a person or class of persons fails then:

(a) any interest created in the same transaction intended to take effect after

or upon failure of such prior interest also fails

(b) any interest created in the same transaction and intended to take effect after or upon failure of
such prior interest does not fail

(c) such failure does not affect

(d) none of the above.

41. Provision of longer period in the matter of accumulation of property under section
17 of the Transfer of Property Act, 1882 amounts to

(a) 18 years

(b) 20 years

(c) 22 years

(d) 25 years.

42. Under the provisions of section 17 of the Transfer of Property Act, 1882, the income
arising from the property shall be accumulated either wholly or in part during a period

(a) longer than life of the transferor

(b) shorter than life of transferor

(c) no such period is mentioned

(d) none of the above.

43. Under the provisions of section 18 of the Transfer of Property Act, 1882, the
provisions of some sections shall not apply in case of a 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 and 16

(b) 14,16 and 17

(c) 14,16,17 and 18

(d) 14,15 and 20.

44. The provision of vested interest is provided in:

(a) section 18 of the Transfer of Property Act, 1882

(b) section 19 of the Transfer of Property Act, 1882

(c) section 20 of the Transfer of Property Act, 1882

(d) section 21 of the Transfer of Property Act, 1882.

45. According to the provisions of section 19 of the Transfer of Property Act, 1882

(a) the vested interest is not defeated by the death of the transferee before he obtains possession

(b) vested interest is defeated by the death of transferee before he obtains possession

(c) no such provision is made

(d) none of the above.

46. Under the provisions of the Transfer of Property Act, 1882, the unborn person
acquires vested interest on transfer for his benefit:

(a) upon his birth

(b) 7 days after his birth

(c) J2 days after his birth

(d) no such provision is made in the Act.

47. Under the provisions of the Transfer of Property Act, 1882 an unborn person
acquires vested interest on transfer upon his birth, although
(a) he may not be entitled to the enjoyment immediately on his birth

(b) he is entitled after 7 days after his birth

(c) no such provision is made

(d) none of the above.

48. In the context of contingent interest in case of happening of a uncertain event or if

a specified uncertain event shall not happen, such person acquires a contingent
interest in the property. Such interest

(a) becomes vested interest in the former case, on the happening of the event, in the later, when the
happening of event becomes impossible

(b) does not become vested interest

(c) vested interest does not depend upon happening or not happening of event

(d) none of the above.

49. The provision of contingent interest is provided in:

(a) section 20 of the Transfer of Property Act, 1882

(b) section 21 of the Transfer of Property Act, 1882

(c) section 22 of the Transfer of Property Act, 1882

(d) section 23 of the Transfer of Property Act, 1882.

50. Where interest on transfer of property is created in favour of members only of a

class as shall attain a particular age:

(a) such interest does not vest in any member of the class who has not attained that age

(b) such interest vests in any member irrespective of class who has not attained that age

(c) no such provision is made under the Act

(d) none of the above.

51. A transfers property to B for life and after his death to C and D, equally to be
divided between them or to the survivors of them. C dies during life of B. D survives B.
At B's death the property:

(a) shall pass to D

(b) shall pass to any person

(c) shall pass to person who is specifically named in transfer

(d) none of the above.

52. The provisions of conditional transfer is provided in the Transfer of Property Act,
1882

(a) section 25

(b) section 26

(c) section 27

(d) section 29.

53. X transfers Rs. 500 to Y on condition that he shall execute a certain lease within
three months after V's death, and, if he should neglect to do so to Z. If Y dies in X's life
time.

(a) the disposition in favour of Z takes effect

(b) the disposition shall not take effect in favour of Z

(c) the disposition requires further conditions

(d) none of the above.

54. X marries to Y but in case she dies in his lifetime, he would transfer the property to
Z. X and Y perish together, under circumstances which make it impossible to probe
that she died before him. The disposition of property in favour of Z:

(a) does not take effect

(b) takes effect

(c) disposition is subject to another contract

(d) none of the above.

55. Under the provisions of section 29 of the Transfer of Property Act, 1882 an ulterior
disposition of the kind contemplated in the provision of section 28 can not take effect
unless:

(a) condition is strictly fulfilled

(b) condition is not fulfilled

(c) only (b) is correct

(d) none of the above.

56. In case of transfer of property under the Transfer of Property Act, 1882, if the
ulterior disposition is not valid then

(a) the prior disposition is affected by it

(b) the prior disposition is not affected by it

(c) no such condition is prevailed under the Transfer of Property Act, 1882

(d) none of the above.

57. A transfer a garden to B for her 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. Decide
the case in the light of Transfer of Property Act, 1882

(a) B loses his life interest in the firm

(b) B does not lose his life interest in the firm

(c) no such provision is made under the Transfer of Property Act, 1882

(d) none of the above.

58. Under the provisions of section 35 of the Transfer of Property Act, 1882, where a
person professes to transfer property which he has no right to transfer, and as part of
the same transaction confers any benefit on the owner of the property then

(a) such owner must elect either to confirm such transfer or to dissent from it

(b) such owner can elect to confirm such transfer only

(c) such owner can dissent from transfer only

(d) none of the above.

59. 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.

60. The rule of election under the Transfer of Property Act, 1882, as applied to Will is
enacted in sections 180 and 192 of the:

(a) Indian Succession Act, 1925

(b) Indian Registration Act, 1908

(c) Sale of Goods Act, 1930

(d) General Clauses Act, 1897.

61. A person is not put to his election, unless he has a proprietary interest in the
property disposed off in derogation of his rights. This is the subject matter under
provisions of:

(a) section 35 of the Transfer of Property Act, 1882

(b) section 35 of the Indian Registration Act, 1908

(c) section 35 of the Indian Succession Act, 1925

(d) General Clauses Act, 1897.

62. Section 37 of the Transfer of Property Act, 1882 refers to apportionment by estate.
In this light, before the Transfer of Property Act, 1882, when a transfer was severed by
the sale of shares in the version the tenant was still obliged to pay the rent to all shares
jointly:

(a) unless an apportionment had been agreed to by all the parties

(b) any party is agreed by all the parties

(c) any two parties are agreed

(d) none of the above.

63. In the Transfer of Property Act, 1882, sections 33 to 37 apply to both immovable
and movable property whereas sections 38 to 53 apply to:

(a) movable property only

(b) immovable property

(c) both immovable and movable property

(d) none of the above.

64. Provisions of section 38 of the Transfer of Property Act, 1882 does not apply to
cases falling under:

(a) benamidars or ostensible owners who can give no title except by estoppel

(b) contingent transfer which is based on happening and not happening of certain events

(c) perpetual transfer

(d) none of the above.

65. Section 38 of the Transfer of Property Act, 1882, has no application

(a) to previous transfer where the transaction is still incomplete

(b) to succeeding transfer where the transaction is to be completed in future

(c) to perpetuity transfer

(d) none of the above.

66. Under section 39 of the Transfer of Property Act, 1882 the provision is made for
transfer where the third person is entitled to maintenance. In this context the court
held that right of maintenance, even of a Hindu widow, is an identified right which
falls short of a charge. This was decided in case of:

(a) Ramanandan v. Rangammal, (1889) 12 Mad 260

(b) Ram Kumar v. Ram Dai, (1900) 22 All 326

(c) Rachawa v. Shivayogoda, (1893) 18 Bom 679

(d) none of the above.

67. Right to maintenance under the provisions of section 39 of the Transfer of

Property Act, 1882 includes the enhanced maintenance in future to these if there has
been a material change in the circumstances. This was decided in case of:

(a) Adiveppa v. Tengawum, (1974) 2 Karn LJ 45

(b) Kaveri v. Parameswari, AIR 1971 Ker 216

(c) Dattatreya v. Julsabai, (1943) Bom 646

(d) Pranlal v. Chapsey, AIR 1945 Bom 34.

68. Within the provisions of section 39 of the Transfer of Property Act, 1882 the word
"maintenance" covers also residence. This was decided in case of:

(a) Kaveri v. Parameswari, AIR 1971 Ker 216

(b) Ramamurtlii v. Kanakaratnam, (1948) Mad 315

(c) Akhoy Kumar v. Corporation of Calcutta, (1915) 42 Cal 625

(d) Mama v. Bachchi, (1906) 26 All 655.

69. Within the meaning of provision under section 39 of the Transfer of Property Act,
1882 a woman is entitled to maintenance not only from the husband, but also from
sons who are members of joint family. This was decided in case of:

(a) S. Periaswami v. Cliellaival, (1980) 1 Mad LJ 46

(b) Raghvan v. Nagamal, (1979) 1 Mad LJ 172

(c) Chandramna v. Mamam Vankettareddy, AIR 1958 AP 396

(d) Basudev Dei Sarkar v. Chhaya Dey Sarkar, AIR 1991 Cal 399.

70. Under the provisions of section 40 of the Transfer of Property Act, 1882, the right
referred to in First Paragraph of this section refers to:

(a) right of transferer as against purchase from a transferee to restrain the breach of a negative
covenant

(b) negative right of transferer as against purchaser from a transferee to restrain the breach of a
negative covenant

(c) mixed right of both purchaser and transferer

(d) none of the above.

71. Within the meaning of section 40 of the Transfer of Property Act, 1882, the right
referred to in First Paragraph of this section refers to:

(a) is not a transferee by operation of law

(b) is a transferee by operation of law

(c) is a transferee by operation of law and is not a transferee within the meaning of section 40
(d) none of the above.

72. 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.

73. With the express or implied consent of interested person in immovable property, a
person is the ostensible owner of such property and transfers the same for
consideration, then the transfer shall not be:

(a) voidable

(b) void

(c) valid

(d) none of the above.

74. The section 41 of the Transfer of Property Act, 1882 is the statutory application of
the law of estoppel. The statement is

(a) true

(b) false

(c) partly true

(d) none of the above.

75. Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfers
and
has no application to:

(a) court sale

(b) contingent sale

(c) perpetuity sale

(d) price less sale.

76. Under the provisions of section 41 of the Transfer of Property Act, 1882, these are
some conditions:
(1) Transferer is the ostensible owner.
(2) He is so by the consent, express or implied, of the real owner.
(3) Transfer is for consideration.
(4) Transferee has acted in good faith, taking reasonable care to ascertain that the
transferer had power to transfer.

(a) only (1) and (2) are required 81.

(b) only (1), (2) and (3) are required

(c) only (3) and (4) are required

(d) all are required. (D

77. Possession of a manager cannot be treated

as ostensible ownership with the consent of (2) the real owner. This was held in case
of:

(a) Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273

(b) Ved Kumar v. Union of India, AIR 1989 NOC 136

(c) Motimul Sowvar v. Vijalakshi Ammal, AIR 1965 Mad 432

(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.

78. Inaccuracy in the recitals describing the property:

(a) cannot whitle down the effect of clear recitals in the documents about the

property to be sold thereby

(b) can whitle down the effect of clear recitals in the document about the property to be sold thereby

(c) cannot depend upon the inaccuracy or accuracy of recital describing property

(d) none of the above.

79. Under section 42 of the Transfer of Property Act, 1882 if a person has a right to
transfer property, after exercising a right to revoke a previous transfer, a transfer of
such property by him will imply an exercise of:

(a) right of revocation

(b) right of transfer

(c) right of surrender

(d) none of the above.

80. Section 43 of the Transfer of Property Act, 1882 enables a transferee to whom a
transferer has made a fraudulent or erroneous representation to lay hold, at his
option, of any interest:

(a) which the transferor may subsequently acquire with property, provided he 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.

81. In order to get the benefit of the section 43 of the Transfer of Property Act, 1882
some conditions are necessary:
(1) Contract of transfer was made by a person who was competent to contract.
(2) Contract would be subsisting at the time when a claim for recovery of the property
is made.

(a) both (1) and (2) necessary

(b) only (1) is necessary

(c) only (2) is necessary

(d) none of the above.

82. Section 44 of the Transfer of Property Act, 1882, deals with:

(a) transfer by two co-owner

(b) transfer by one co-owner

(c) transfer by 3 co-owners

(d) transfers by all co-owners.

83.When one of several co-owners transfers his share, the transferee acquires as
against the other co-owners the same rights that of transferor had but is subject to any
condition and liabilities affecting the share at the date of transfer. This is the provision
under:

(a) section 40 of the Transfer of Property Act, 1882

(b)section 41 of the transfer of property Act,1882

(c) ) section 42 of the Transfer of Property Act, 1882

(d) ) section 44 of the Transfer of Property Act, 1882

84. The provision for the joint transfer for consideration is dealt in:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(c) section 46 of the Transfer of Property Act, 1882

(d) none of the above.

85. Presumption of equity pertains to:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(c) section 47 of the Transfer of Property Act, 1882

(d) section 48 of the Transfer of Property Act, 1882.

86. Under the provisions of the Transfer of Property Act, 1882, where immovable
property is transferred for consideration by persons having distinct interests therein,
the transferors are:

(a) entitled to share in the considerations equally

(b) entitled to share unequally

(c) entitled to share equally but subject to further

(d) none of the above.

87. Where several co-owners of immovable property transfer a share therein without
specifying that the transfer is to take effect on any particular share or shares of the
transfers, the transfer, as among such transferors, takes effect on such share:
(a) inequally where the shares were equal and where they are unequal proportionally to the extent of
such shares

(b) equally where the share were equal and where they are unequal proportionately to the extent of
such shares

(c) only (a) is correct

(d) none of the above.

88. Within the meaning of section 48 of the Transfer of Property Act, 1882, the
transfer cannot prejudice the rights of the transferee by any subsequent dealing with
the property. This self-evident proposition is expressed in

(a) equitable maxim qui prior est tempore potior est jure

(b) quid pro co

(c) bona fide transfer

(d) none of the above.

89. The provision of improvements made by bona fide holders under defective titles is
dealt in:

(a) section 50 of the Transfer of Property Act, 1882

(b) section 51 of the Transfer of Property Act, 1882

(c) section 53 of the Transfer of Property Act, 1882

(d) none of the above.

90. A lessee cannot appeal to this section 51 of the Transfer of Property Act, 1882. The
statement is

(a) true

(b) false

(c) partly true

(d) none of the above.

91. Some conditions must be fulfilled before the equity provided in section 51, arises

(1) The person evicted must be transferee.

(2) The person must have made the improvements believing in good faith that he was absolutely
entitled.

(a) only (1) is correct

(b) only (2) is correct

(c) both (1) and (2) are correct

(d) none of the above.

92. A treepasser is not a transferee within the meaning of section 51 of the Transfer of
Property Act, 1882 and he is not entitled to compensation for improvements. This was
decided in:

(a) Daya Ram v. Shyam Sundari, (1965) 1 SCR 231

(b) Krishan Prasad v. Adyanath Ghatak, AIR 1944 Pat 77

(c) Bhupendra v. Pyari, (1917) 40 IC 464

(d) none of the above.

93. The terms good faith in section 51 of the Transfer of Property Act, 1882 is used in
the light of

(a) Sale of Goods Act, 1930

(b) General Clauses Act, 1897

(c) Indian Registration Act, 1908

(d) Specific Relief Act, 1963.

94. Section 51 of the Transfer of Property Act, 1882, does not apply to

(a) court sale

(b) auction sale

(d) none of the above.

95. Within the meaning of section 51 of the Transfer of Property Act, 1882, the
transferee:

(a) has lien on land for the value of improvements

(b) has no lien on the land for the value of improvements

(c) has condition lien on the land for the value of improvements

(d) none of the above.

96. 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.

97. The principle of lis pendens embodied in section 52 of the Transfer of Property Act,
1882 pertains to:

(a) bona fide purchase

(b) public policy

(c) auction sale

(d) none of the above.

98. Rule of lis pendens is applicable to suits for specific performance of contracts to
transfer immovable property. The statement is:

(a) true

(b) false

(c) partly true

(d) none of the above.

99. Rule of lis pendens is applicable to suits for specific performance of contracts to
transfer immovable property. This statement is:

(a) false

(b) true
(c) partly false

(d) none of the above.

100. In case of a transfer hit by the doctrine of lis pendens, the question of good faith
which is essential to be established before a equitable relief can be granted in favour of
a subsequent vendee under sections 41 or 51 of the Transfer of Property Act, 1882 is:

(a) relevant

(b) partly relevant

(c) totally irrelevant

(d) partly irrelevant.

OBJECTIVE QUESTIONS: Transfer of Property Act, 1882

1.Which decision held that registration of an instrument operates as constructive notice to subsequent
transferrors about its contents?
    A:    Thilakdharilal v. Khedanlal
2. Transfer of property to idol is_________under TP Act.
    A:    Not a transfer
3.________is required for Attestation under the Act.
    A:    2 or more witness
4. A claim to any debt other than a debt secured by mortgage of property, hypothecation or pledge is
called__________.
    A:    Actionable Claim
5. Condition in a deed which restrains the alienation of property is _______.
    A:    Void
6. Condition restraining alienation is void.___________is an exception.
    A:    Lease
7. A vested interest is_________ by the death of the transferree before he obtains possession.
    A:    Not defeated [Sec.19]
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8. Conditional transfer is provided under ________of the Act.
    A:    Sec.25
9. ‘Nemo dat quod non habet’ means:
    A:    one cannot transfer what he doesn’t possess.
10. Sec______contains doctrine of Lis Pendens.
    A:    52
11. Sec.53A of the Act deals with __________.
    A:    Part Performance
12. A lease of immovable property from year to year or for any term exceeding one year or reserving a
yearly rent________registered.
    A:    must be[Sec.107]
13. Second mortgage by the mortgagor is called________.
    A:     Puisne Mortgage.
14. _______ is the transfer of existing movable or immovable property  made voluntarily and without
consideration.
    A:    Gift[Sec.122]
15. Revocation of gift is provided under __________.
    A:    Sec.126
16. A suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the
mortgaged property is called a suit for__________.
    A:    foreclosure[Sec.67]
17. Rights and liabilities of buyer and seller is provided under Sec_____.
    A:    55
18. A seller is estopped from denying the fact that he was not the owner at the time of transfer. This
doctrine is called_______.
    A:    Doctrine of Feeding the Grant by Estoppel.
19: Where property subject to a mortgage belongs to two or more persons having separate rights, the
different shares in such property is liable to be contributed rateably to the debt secured by the
mortgage. This is known as the Doctrine of Contribution. It is provided under________.
    A:    Sec.82.
20. Sec.35 deals with __________ .
    A:    Doctrine of Election.

SIDDHARTH ACADEMY
CS- EXECUTIVE
ECONOMIC AND COMMERCIAL LAWS
Chapter- Law relating to Transfer of Property
Choose the most appropriate answer from the given options in respect of the
following:
1. The Transfer of Property Act, 1882 applies to-
(a) Movable Property
(b) Immovable Property
(c) Both (a) and (b)
(d) Only to testamentary dealings.
2. “ I do acknowledge myself to be indebted to Bhupesh in Rs.1,000 to be
paid on demand for value received”, is a-
(a) Bond
(b) Security
(c) Promissory note
(d) Agreement
3. The right to alienate the mortgaged property without intervention of the
court is available to the mortgagee in the case-
(a) Where the mortgagee is government
(b) Where there is English mortgage
(c) Where there is mortgage by conditional sale
(d) Under both (a) and (b)
4. In the transfer of property with condition, the condition is void and
transfer is valid-
(a) Where transfer is made with void condition
(b) Where transfer is made with the condition restraining absolutely
future transfer of such property
(c) Where transfer is made absolute with the condition restraining
enjoyment of such property
(d) Both (b) and (c)
5. Under the Transfer of Property Act, 1882, the transfer of property may be
made-
(a) Orally
(b) By written document
(c) By written document with its registration
(d) By delivery of property except where transfer is required to be in
writing under the law.
SIDDHARTH ACADEMY
6. The right to foreclosure is available to the mortgagee when it is-
(a) English mortgage
(b) Simple mortgage
(c) Mortgage by conditional sale
(d) Usufructuary mortgage
7. The income of transferred property may be accumulated for an unlimited
time where the property is transferred with condition-
(a) For the payment of debts taken by the transferor
(b) For the maintenance of the property itself
(c) For the maintenance of the descendants of the transferor generation
after generation
(d) All of the above
8. Where possession of the property is to be given to the mortgagee, the
mortgage is called-
(a) Usufructuary mortgage
(b) Simple mortgage
(c) Anomalous mortgage
(d) None of the above
9. As per the transfer of Property Act,1882, a person is an ostensible owner
of an immovable property where he becomes interested therein by-
(a) Express consent
(b) Implied consent
(c) Either (a) or (b)
(d) Both (a) and (b)
10. The mortgage has the right to sell out the mortgaged property without
intervention of the court in the-
(a) English mortgage
(b) Usufructuary mortgage
(c) Mortgage by conditional sale
(d) Simple mortgage
11. Every transfer of immovable property made with intent to defeat or
delay the creditors of the transferor shall be-
(a) Voidable
(b) Not voidable
(c) Void
(d) Illegal
SIDDHARTH ACADEMY
12. Immovable property under the law relating to transfer of property
includes-
(a) Growing trees
(b) Growing crops
(c) Both (a) and (b)
(d) None of the above
Re-write the following sentences after filling up the blank spaces with
appropriate word(s)/figure(s):
1. Attestation is valid and complete when two witnesses sign the
instrument.
2. The provision regarding use of adhesive stamps are given are given
under section 11 of the Indian stamp Act, 1899.
3. Actionable claims are claims to unsecured debts.
State, with reasons in brief, whether the following statement are correct or
incorrect:
1. The right to collect rents of immovable property has been recognized
as immovable property.
Correct: As per the definition given in the Transfer of Property Act,
1882, the General Clauses Act, and the Registration Act, 1908.
2. The doctrine of part-performance is applicable only where the
transferee has taken possession of the immovable property.
Incorrect: All the ingredients of Section 53A of the Transfer of
Property Act, 1882 should be present.
3. A mere right to sue can be transferred
False: As per Section 6 (e) of the Transfer of Property Act.
4. All documents produced for the inspection for the inspection of the
court are known as documentary evidence.
True: As per Section 3 of the Indian Evidence Act.
5. ‘Actionable claim’ as defined in the Transfer of Property Act, 1882 is a
property and transferable.
True: As per the definition of section 3 of the Transfer of Property
Act, 1882, actionable claim includes all kinds of unsecured debts and
beneficial interest in movable property which is not in the possession
of claimant. Actionable claim can be transferred by execution of an
instrument in writing signed by the transferor or his duly authorized
agent.
SIDDHARTH ACADEMY
LAW RELATING TO STAMPS
Re-write the following sentences after filling-up the blank spaces with
appropriate word(s)/figure(s);
1. An instrument chargeable with duty executed out of India may be
stamped within three month(s) after it has been first received in
India.
2. Alam owes Balu Rs.1,000. Alam sells a property to Balu, the
consideration being Rs.500 and the release of the previous debt
of Rs. 1,000. Stamp duty will be payable on Rs.1,500.
3. Only the principal instrument shall be chargeable under section 4
of the Indian Stamp Act, 1899 with the duty prescribed for the
conveyance, mortgage or settlement and each of other
instruments shall be chargeable with the duty of Rs.One.
State, with the reasons in brief, whether the following statement are true or false :
(1) An instrument not ‘duly stamped’ can be accepted in evidence by an
arbitral tribunal.
True: An instrument not ‘duly stamped’ can be accepted in evidence
by an arbitral tribunal, but only after having paid the requisite
penalty.
(2) Ram sells the property to Shyam for Rs. 10,00,000 which is subject to
mortgage to Mohan for Rs. 20,00,000 and unpaid interest of Rs.
4,00,000. Stamp duty is payable on Rs. 34,00,000.
(3) A collector is not authorized to impound the instrument or to impose
any penalty if he comes to the conclusion that the instrument is not
sufficiently stamped.
SIDDHARTH ACADEMY
Write the most appropriate answer from the given options in respect of the following:
(1) An instrument in writing containing an unconditional order signed by
the maker is called-
(a) Cheque
(b) Bill of exchange
(c) I.O.U
(d) Promissory note.
(2) The duty of the Collector under section 31 of the Indian Stamp Act,
1899, is only to determine the Stamp duty payable upon the
instrument where he concludes that the instrument is not sufficiently
stamped. He is not authorized to-
(a) Impound the instrument
(b) Impose any penalty
(c) Both (a) and (b)
(d) Either (a) or (b)
SIDDHARTH ACADEMY
LAW RELATING TO REGISTRATION OF DOCUMENTS
Write the most appropriate answer from the given options in respect of the following:
(1) As per the Registration Act, 1908 a testator may deposit with any
Registrar his will in sealed cover with the name of the testator-
(a) Personally
(b) Through the agent
(c) Through any person
(d) Either (a) or (b)
(2) The constitution of India was enacted on-
(a) 26th November, 1949
(b) 26th January, 1950
(c) 28th January, 1950
(d) None of the above
(3) The Preamble of the Constitution-
(a) Is part of the Constitution
(b) Can be used for interpreting the Constitution
(c) Both (a) and (b)
(d) None of the above
Re-write the following sentences after filling-in the blank spaces with appropriate
word(s)/figure(s):
(1) A document executed outside India is not valid unless it is Registered
in India.
(2) A document executed by several persons at different times may be
presented for Registration and re-registration within four months
from the date of each execution.
SIDDHARTH ACADEMY
State, with the reasons in brief, whether the following statement are correct or
incorrect:
(1) A document executed by several persons at different times may be
presented for registration and re-registration within six months from
the date of execution.
Incorrect: As per sections 24 of the Registration Act, 1908, in case
there are several executants, operating at various times to execute a
document, the document can be presented for registration and reregistration
within 4 months from the date of each execution.
(2) Anubhav sells a property to Balwant for Rs. 5 lakh which is subject to
mortgage to Charu for Rs.10 lakh and unpaid interest of Rs. 2 lakh.
Stamp duty is payable on Rs.17 lakhs.
Correct: As per section 24 of the Registration Act, 1908.
SIDDHARTH ACADEMY
Additional Inputs - LAW RELATING TO INFORMATION TECHNOLOGY
Re-write the following sentences after filling-in the blank spaces with the
appropriate word(s)/figure(s):
(1) Adjudicating Authority under section 43 of the Information
Technology Act, 2000 can impose damages by way of compensation
an amount not exceeding Rs.1 crore.
(2) Cyber Appellate Tribunal is to be presided over by a person who is or
has been qualified to be a Judge of a High Court.
(3) Whoever commits ‘hacking’ shall be punished with Imprisonment
upto three years or fine which may extend to Rs. 2 lakh or with
both.
(4) Digital signature is recognized as a valid method of Authentication of
an instrument.
(5) Verification of the electronic record is done by the use of a Public key
of the subscriber under section 3(3) of the Information Technology
Act, 2000.

Sample Practice Questions on Transfer of

Property Act
Ques. The below of transfer property followed to which party?
(a) Dead party
(b) Live party
(c) One party
(d) More than 2 party

Ques. Which doctrine has been involved in the provision regarding condition precedent?
(a) Doctrine of Acceleration
(b) Doctrine of Cy-pres
(c) Rule against Perpetuity
(d) Rule of Perpetuity

Related:  Delhi University LLM Sample Paper

Ques. Actual possession of property by another must put of such property on his guard, than its
amount to notice For___________
(a) Purchaser
(b) Municipality
(c) Seller
(d) Registration office

Ques. Easement apart from the___________heritage can’t be transferred

(a) Right of re-entry
(b) Dominant
(c) Undominant
(d) None

Ques. When two persons mutually transfer the ownership of another, neither thing or both things
being money only, the transaction is called_________
(a) sale
(b) an exchange
(c) gift
(d) None

Ques. Which provision effected of charges.

(a) simple mortgage
(b) english mortgage
(c) anomalous mortgage
(d) usufructuary mortgage

Related: Fundamental Rights of Indian Citizens

Ques. In a gift, one person voluntarily without ___________ transfer his ownership.
(a) Money
(b) Property
(c) None
(d) Consideration

Ques. What is intention to deposit of title deeds in equitable mortgage?

(a) Take an interest
(b) Take a possession
(c) Create a security
(d) Take a consideration

Ques: From below which rights are calculated as rights of immovable property?
(a) Right of royalty
(b) Right of way in immovable property
(c) Right of worship
(d) Government promisory notes

Ques. If transfer made from insolvency, forfeiture or sale in execution of a decree, what it is
called as?
(a) Transfer by will
(b) Transfer by operation of law
(c) Transfer by act of parties
(d) None of above

Ques. “Once a mortgage, always a mortgage”. This sentence is …………….

(a) Absolutely True
(b) Absolutely False
(c) Partly False
(d) Partly True

Ques. Document is not necessary if value of immovable property is ………………..

(a) Less than Rs. 1000
(b) Less than Rs. 10000
(c) Less than Rs. 100
(d) Less than Rs. 100000

Ques. “Transfer in favor of unborn person can not be done”, This sentence is …………….
(a) Partly False
(b) Absolutely True
(c) Absolutely False
(d) Partly True

Ques. Doctrine of Part Performance is applicable to what?

(a) Only Oral contract
(b) Only written contract
(c) Oral-Written contract
(d) None of above

Related: Contact Act (LLM Topicwise) Question Bank

Ques. How many types of mortgage can be?

(a) Two
(b) Six
(c) Five
(d) Four

Ques. The transferee of property is known as…………….

(a) Mortgagor
(b) Co-owner
(c) Mortgagee
(d) Executor

Ques: The below of transfer property followed to which party?

(a) Live party
(b) Dead party
(c) One party
(d) More than 2 party
Ques: In transfer of property from below which is movable property ?
(a) Right of fishery
(b) Life time interest in immovable property
(c) grass
(d) Right to collect lac from trees

Ques:  From below which is immovable party?

(a) Growing crops
(b) Trees & Plants
(c) Grass
(d) Standing timber

Ques:  Transfer of Actionable claim is known as___________

(a) Undivision
(b) Division
(c) Combination
(d) Assignment

Ques:  ………..is a security for the payment of any money

(a) charge
(b) mortgage
(c) exchange
(d) lease

Ques:  A mere right of re-entry for breach of a condition subsequent can’t be transferred to any
one, except the of the property affected there by___________
(a) Seller
(b) Purchaser
(c) Owner
(d) Trustee

Ques:  An Easement is imposed on property, that property is called___________

(a) Serivient heritage
(b) Nonserivient heritage
(c) Dominant heritage
(d) Nondominant heritage

Ques:  While purchasing house in the city, who has to do inquity that any tax is not remainning
on the house?
(a) Purchaser
(b) Local authority
(c) Seller
(d) Registration office

Ques:  Registration amount to notice , when instrument must be___________ registrable

(a) Unauthorised
(b) Voluntarily
(c) Authorised
(d) Compulsorily

Ques:  Actual possession of property by another must put of such property on his guard, than its
amount to notice For___________
(a) Municipality
(b) Seller
(c) Purchaser
(d) Registration office

Ques:  Possession consider as notice , when___________ possession can’t be followed as notice

(a) Actual
(b) Constructive
(c) Express
(d) Unconstructive

Ques:  A was trusty of one property from the amount of trust he purchase some land for his
brother B , B put this land as mortgage to C, does C is responsible in this fruad?
(a) No
(b) Yes
(c) No one is responsible
(d) Both responsible

Ques:  From below, which interest is not transferrable ?

(a) Interest on company
(b) Interest on lease
(c) Interest of Bank
(d) None

Ques:  There is no need of written document for transfer of ___________ property

(a) Movable
(b) Immovable
(c) Both
(d) None

Ques:  Property which is not in Existence, can be transferred

(a) No
(b) Yes
(c) Both 1 & 2
(d) None

Ques:  If you are trusty of any property and authority is given to you , than as a trusty can you
transfer property of trust in your personal property?
(a) No
(b) Yes
(c) None
(d) Both 1 & 2

Ques:  Easement apart from the___________heritage can’t be transferred

(a) Undominant
(b) Right of re-entry
(c) Dominant
(d) None

Ques:  A public of his , or the salary of a public officer, whether before or after it has become
_______ can’t be transferred
(a) Non-payable
(b) Payable
(c) Salary in Arrear
(d) None

Ques:  ___________ allowed to military, naval, airforce and civil pensioners of government
can’t be transferred
(a) Salary and allowances
(b) Salary
(c) Stipends and Pensions
(d) Allowances

Related: Bonus Act Question Bank

Ques:  Under Section 6-c excepting ___________property, easement rights can’t be transferred
(a) Dominant heritage
(b) Nondominant heritage
(c) Serivient heritage
(d) Nonserivient heritage

Ques:  A right of future maintenance is altogether

(a) Alienable
(b) Inalienable
(c) Transferrable
(d) Nontransferrable

Ques:  Which provision effected of charges.

(a) simple mortgage
(b) english mortgage
(c) anomalous mortgage
(d) usufructuary mortgage

Ques:  Does rule against perpetuity followd to personal contracts?

(a) Yes
(b) No
(c) Both A & B
(d) None

Ques:  Does the water of rivers or seas are transferrable ?

(a) Yes
(b) No
(c) Both A & B
(d) None

Ques:  Any person is capable enough to do contract, when he has right of ___________ property
(a) Transferable
(b) Nontransferable
(c) Legal
(d) Illegal

Ques:  Contingent interest is not …………….

(a) Only heritable
(b) Only transferable
(c) Transferable & Heritable
(d) None of above

Ques:  Which doctrine has been involved in the provision regarding condition precedent?
(a) Doctrine of Cy-pres
(b) Rule against Perpetuity
(c) Rule of Perpetuity
(d) Doctrine of Acceleration

Ques:  Property can be transferred in the favour of Minor person?

(a) No
(b) Yes
(c) Both A & B
(d) None

Ques:  In a gift, one person voluntarily without ___________ transfer his ownership.
(a) Property
(b) Money
(c) Consideration
(d) None

Ques:  In contract of sale, convenant of title is ___________

(a) Expressed
(b) Implied
(c) Both A & B
(d) None

Related: Profit and Loss Practice Questions

Ques:  When “Transfer of Property Act” was not enacted in India, We have to rely on which
law?
(a) English Law
(b) American Law
(c) Islamic Law
(d) Greek Law

Ques:  “Transfer of Property Act” is subordinate to which law?

(a) Criminal
(b) Equity and Trust
(c) Constitutional
(d) Contract

Ques:  The aim of “Transfer of property Act” is to complete the law related to what?
(a) Bribe
(b) Movable Property
(c) Immovable Property
(d) Cash Money

Ques:  If Two persons transfers the property with mutual consent, what is it called as?
(a) Transfer by act of parties
(b) Transfer by will
(c) Transfer by operation of law
(d) None of above

Ques:  If a person derives the property by deceased who made testament in avors of him, then it
is called as?
(a) Transfer by operation of law
(b) Transfer by act of parties
(c) Transfer by will
(d) None of above

Ques:  If transfer made from insolvency, forfeiture or sale in execution of a decree, what it is
called as?
(a) Transfer by act of parties
(b) Transfer by operation of law
(c) Transfer by will
(d) None of above

Ques:  “Transfer of Property Act” applies to whom?

(a) One dead-one living parties
(b) Two living parties
(c) Above (a) & (b)
(d) None of above
Ques:  Which type of transfer does not covered by “Transfer of Property Act”?
(a) By will
(b) By Parties
(c) By operation of law
(d) None of above

Ques:  What is not included in “Immovable Property”?

(a) Standing timber, crops, grass
(b) House
(c) Land
(d) All of above

Ques:  Which right is recognised as “Immovable Property”?

(a) Right of Way
(b) Right to Royalty
(c) Right to worship
(d) Right to Redemption

Ques:  Which right is not recognised as “Immovable Property”?

(a) Right of Worship
(b) Right of way
(c) Right to Redemption
(d) Right of Fishery

Ques:  How many witnesses are necessary for attestation?

(a) Two
(b) One male-One female
(c) Both male
(d) Both female

Ques:  From where the doctrine of “Constructive Notice” has developed?

(a) India
(b) France
(c) Greece
(d) Britain

Ques:  Which interest cannot transferred?

(a) Gift
(b) Sell
(c) Mortgage
(d) Surrender of Lease

Ques:  As per Transfer of Property Act, living person means ………..
(a) Human Being
(b) Limited Company
(c) Partnership Firm
(d) All mention here

Ques:  “Spes Successionis” Can not be transferred”, This sentence is …………….

(a) Absolutely True
(b) Absolutely False
(c) Partly True
(d) Partly False

Ques:  “Contigent Interest can be transferred”, This sentence is …………….

(a) Partly True
(b) Partly False
(c) Absolutely True
(d) Absolutely False

Ques:  Which is a not characteristic of vested interest………..

(a) Fulfillment of prior condition
(b) Transferable
(c) Heritable
(d) Not fulfillment of condition

Ques:  “Ostensible Owner is not real owner”, This Sentence is …………….

(a) Absolutely True
(b) Absolutely False
(c) Partly True
(d) Partly False

Ques:  “Transfer in favor of unborn person cannot be done”, This sentence is …………….
(a) Absolutely True
(b) Absolutely False
(c) Partly True
(d) Partly False

Related: Average (Mathematics) Sample Paper

Ques:  Before giving benefit to unborn person, what can be made first?
(a) Prior Interest
(b) Subsequent Interest
(c) Equal Interest
(d) None

Ques:  How long interest in favor of unborn person can be made?

(a) Youth
(b) Major
(c) up to Minority
(d) Old age
Ques:  What is not included in exceptions to the rule against Perpetuities?
(a) Transfer of property
(b) Gift to religious institute
(c) Redemption of Contract
(d) Renewal of lease

Ques:  How long the period of election can be?

(a) One month within the date of possession
(b) One month within the date of transfer
(c) One year within the date of possession
(d) One year within the date of transfer

Ques:  Provisions of fraudulent transfer ………………. any law relating to insolvency.

(a) Does not affect
(b) Does affect
(c) Partly affect
(d) None of above

Ques:  Doctrine of ……………… is based on doctrine of equity of England.

(a) Part Performance
(b) Election
(c) Acceleration
(d) Cy-pres

Ques:  “A contract for sale is not transfer of ownership”, This sentence is …………….
(a) Absolutely True
(b) Absolutely False
(c) Partly True
(d) Partly False

Ques:  Property which is not legally transferable if same has Transferred, what is its effect?
(a) Contract is voidable
(b) Contract is legal
(c) Contract is void
(d) No effect.

Ques:  What is aim of sell?

(a) Transfer of Commodity
(b) Transfer of Ownership
(c) Transfer of commodity-property
(d) Transfer of Property

Ques:  What is aim of Exchange?

(a) Transfer of Ownership
(b) Transfer of commodity-property
(c) Above (a) & (b) both
(d) None of above

Ques:  What can be transferred in the mortgage?

(a) Transfer of Loan
(b) Transfer of Ownership
(c) Transfer of Interest
(d) Transfer of Possession

Ques:  How many types of mortgage can be?

(a) Two
(b) Six
(c) Five
(d) Four

Ques:  Which property can be transferred in mortgage?

(a) Immovable Property
(b) Movable Property
(c) Immovable – movable Property
(d) Rented property

Ques:  In which type of mortgage the property is transferred Absolutely?

(a) English Mortgage
(b) Simple Mortgage
(c) Usufructuary Mortgage
(d) Anomalous Mortgage

Ques:  What can be transferred in Lease?

(a) Transfer of Loan
(b) Transfer of Interest
(c) Transfer of Ownership
(d) Transfer of Possession

Ques:  The person who mortgages the property is known as……………

(a) Mortgagee
(b) Mortgagor
(c) Co-owner
(d) Executor

Ques:  The transferee of property is known as…………….

(a) Mortgagor
(b) Mortgagee
(c) Co-owner
(d) Executor
Ques:  What a minor can become?
(a) Administrator
(b) Mortgagor
(c) Mortgagee
(d) None of above

Ques:  In which section provision of gift may be suspended or revoked

(a) sec. 124
(b) sec. 122
(c) sec. 126
(d) sec. 128

Ques:  In which section provision of transfer of actionable claims ?

(a) sec. 130
(b) sec. 131
(c) sec. 129
(d) sec. 128

Ques:  Who is in possession of property in simple mortgage?

(a) Mortgagor
(b) Mortgagee
(c) Co-owner
(d) Administrator

Ques:  In which type of mortgage the immovable property Ostensibly sell?
(a) Mortgage by Conditional sale
(b) Simple Mortgage
(c) English Mortgage
(d) Usufructuary Mortgage

Ques:  In which type of mortgage the possession of property is delivered?

(a) Usufructuary Mortgage
(b) Simple Mortgage
(c) English Mortgage
(d) Anomalous Mortgage

Ques:  Doctrine of Part Performance is applicable to what?

(a) Only Oral contract
(b) Only written contract
(c) Oral-Written contract
(d) None of above

Ques:  Who can use the doctrine of Part Performance?

(a) Both defendant-Plaintiff
(b) Only Plaintiff
(c) Only defendant
(d) Unborn Person

Ques:  Mortgage by deposit of title deeds is also called as ………….

(a) Equitable Mortgage
(b) Simple Mortgage
(c) Usufructuary Mortgage
(d) Anomalous Mortgage

Ques:  What is intention to deposit of title deeds in equitable mortgage?

(a) Create a security
(b) Take a possession
(c) Take a consideration
(d) Take an interest

Ques:  How the mortgage ca be made?

(a) By Gift Deed
(b) By Sale Deed
(c) By Lease Deed
(d) By Registered instrument

Ques:  Which right give of property by consideration lesser to lessee, lease means contract of
transfer property.
(a) ownership
(b) to enjoy
(c) 1 and 2
(d) None

Ques:  Which type of interest is not complete in transfer of property, so lease is not possible?
(a) Praposal
(b) transfer
(c) accept
(d) None

Ques:  A lease to a minor is ______

(a) void
(b) voidable
(c) valid
(d) None

Ques:  Which time duration, a lease can be made

(a) Periodic
(b) fixed time
(c) any
(d) Perpetuity
Ques:  If create perpetuity lease, so which power not expired of lessor
(a) to enjoy
(b) Increase rent
(c) (a) and (b)
(d) None

Ques:  Which type of consideration to give leassor by lessee in lease contract.

(a) Premium or rent
(b) sale
(c) Rent
(d) premium

Ques:  In which section provision under the transfer of property act exemption of leases for
agricultural purposes.
(a) sec.111
(b) sec. 115
(c) sec. 117
(d) sec.116

Ques:  Termination of lease ,in which section provision under the transfer of property act.
(a) sec. 108
(b) sec. 114
(c) sec. 111
(d) sec. 110

Ques:  When two persons mutually transfer the ownership of another, neither thing or both
things being money only, the transaction is called_________
(a) gift
(b) sale
(c) an exchange
(d) None

Ques:  In which section provision under the transfer property Right of party deprived of thing
received in exchange
(a) sec.117
(b) sec. 119
(c) sec. 120
(d) None

Ques:  Rights and liabilities of parties of to an exchange compare with whom ?

(a) buyer
(b) seller
(c) seller and buyer
(d) None
Ques:  If the donne dies before acceptance, the gift is _______
(a) valid
(b) voidable
(c) void
(d) None

Ques:  What should be not made transfer of gift.

(a) voluntarily transfer
(b) consideration
(c) acceptance
(d) existence of the property

Ques:  In which section provision of incapacity of officers connected with courts of justice
(a) sec. 135
(b) sec. 136
(c) sec. 138
(d) None

Ques:  In which section provision of assignment of rights under policy of insurance against fire
(a) sec. 131
(b) sec. 135
(c) sec. 136
(d) None

Ques:  “Once a mortgage, always a mortgage”. This sentence is …………….

(a) Absolutely False
(b) Absolutely True
(c) Partly True
(d) Partly False

Ques:  Who can make suit for redemption?

(a) Mortgagee
(b) Mortgagor
(c) Both (a) & (b)
(d) None

Ques:  The right of redemption will be considered as a clog on redemption and will be null and
………
(a) Voidable
(b) Void
(c) Partial Void
(d) None

Ques: If mortgage property subsequently sold to the same mortgagee, it can be ……………
(a) Voidable
(b) Void
(c) Legal
(d) None of above

Ques:  A suit to obtain a decree that a mortgagor shall be absolutely debarred of is right to
redeem the mortgaged property is called ……………..
(a) Implied redemption
(b) Foreclosure or sale
(c) Redemption
(d) None

Ques:  The court for appointment of a receiver and any person appointed to have been duly
appointed by the …………..
(a) Mortgagor
(b) Mortgagee
(c) Both (a) & (b)
(d) None

Ques:  Which purposes can for mortgagee accession mortgaged property.

(a) sale
(b) security
(c) charge
(d) None

Related: Mental Ability Quiz

Ques:  A person who has advanced to a mortgager, money with which the mortgage has been
redeemed is called…………
(a) clog on redemption
(b) redemption
(c) subrogation
(d) None

Ques:  A charge does not contemplate any transfer of ………… in the immovable property.
(a) possession
(b) ownership
(c) interest
(d) None

Ques:  Which Type can be waiver of forfeiture?

(a) by any other action on intention to the part of the lessor shouing an intention to threat the
lease as subricsting
(b) by acceptance of rent while has become due since the forfeiture
(c) by distress for such rent
(d) any one
Ques:  Rights and Liabilities of lessor and lessee, in which section provision under the transfer
of property act.
(a) sec. 107
(b) sec. 110
(c) sec. 105
(d) sec. 108

Ques. In which section provision under the transfer of property act exemption of leases for
agricultural purposes.
(a) sec. 115
(b) sec. 117
(c) sec.111
(d) sec.116

Ques. In which section provision of gift may be suspended or revoked

(a) sec. 122
(b) sec. 124
(c) sec. 128
(d) sec. 126

Ques. The right of redemption will be considered as a clog on redemption and will be null and
……………..
(a) Voidable
(b) Partial Void
(c) None
(d) Void

Ques. A person who has advanced to a mortgager, money with which the mortgage has been
redeemed is called…………
(a) redemption
(b) subrogation
(c) clog on redemption
(d) None

Related: Company Law Objective Questions

Ques. In which type of mortgage the possession of property is delivered?

(a) Simple Mortgage
(b) Usufructuary Mortgage
(c) English Mortgage
(d) Anomalous Mortgage