Transfer Of Property Act - Study Mode
[#596] A transfer of property occurring due to insolvency, forfeiture or sale in execution of a decree is called a . . . . . . .
Correct Answer
(B) Transfer by operation of law
Explanation
Solution: Transfer of Property Act: Explanation of the Correct Answer First, let's define the key term: Transfer by operation of law . This refers to a transfer of property that happens automatically due to the operation of a legal rule or statute, without any active participation or agreement from the parties involved. It occurs by force of law, not by the will or act of the individuals concerned. Now, let's explain why Option B: Transfer by operation of law is the correct answer. Insolvency, forfeiture, and sale in execution of a decree are all situations where the transfer of property occurs automatically due to legal processes. * Insolvency : When an individual or entity is declared insolvent (unable to pay their debts), their assets are automatically transferred to a receiver or trustee for distribution among creditors. This transfer happens due to the operation of insolvency laws. * Forfeiture : Forfeiture is the loss of property due to a breach of law or contract. The property is transferred to the state or another party as a result of the legal consequence of this breach. The transfer isn't based on a choice made by the original owner. * Sale in execution of a decree : When a court orders the sale of property to satisfy a debt or judgment, the transfer of property to the purchaser happens through the court's action, not by an agreement between the original owner and buyer. Why other options are incorrect: Option A: Transfer by Will : A will is a legal document that specifies how a person wants their property to be distributed after their death. This is a voluntary transfer, actively decided upon by the testator (the person making the will). Option C: Transfer by act of parties : This refers to property transfers that occur through agreements and actions of the parties involved, such as sales, gifts, or exchanges. This is a voluntary process, unlike the involuntary transfers mentioned in the question. Option D: None of these : Given the explanation above, this option is clearly incorrect.
[#597] Which one of the following is not an essential condition for application of rule of "lis pendens" under Section 52 of the Transfer of Property Act, 1882?
Correct Answer
(C) Suit must be collusive
[#598] The mortgagor's power to lease would be made in the ordinary course of management of the property in accordance with any local law, custom or usage. The statement is:
Correct Answer
(B) Correct
[#599] The words "any immovable property" in section 53A of the Transfer of Property Act, 1882 refers to
Correct Answer
(A) This section cannot apply to movable property
[#600] The gist of section 61 of the Transfer of Property Act, 1882, is that even if the mortgages are of the same property, the mortgagor may redeem each separately unless restrained by a contract to the contrary. The statement is:
Correct Answer
(A) True