Transfer Of Property Act - Study Mode
[#296] A lease of an immovable property can be
Correct Answer
(D) All of the above
[#297] Under the provisions of the Transfer of Property Act, 1882, an easement cannot be transferred apart from the dominant heritage
Correct Answer
(A) The statement is true
[#298] The Transfer of Property Act, 1882 covers:
Correct Answer
(D) A and B both
[#299] Match List I with List II and select the correct answer by using the given below the lists: List I (Provisions) List II (Sections of Transfer of Property Act) a. Transfer in perpetuity 1. Section 20 b. When unborn person acquires vested interest on transfer for his benefit 2. Section 18 c. Transfer by "ostensible owner" 3. Section 44 d. Transfer by co-owner 4. Section 41
Correct Answer
(B) a-2, b-1, c-4, d-3
Explanation
Solution: Here's an explanation of the MCQ to help you understand it better: The question asks you to match property law concepts (List I) with the correct sections of the Transfer of Property Act (List II). Let's break down each concept: a. Transfer in perpetuity: This means transferring property in a way that it can never be sold or transferred again, essentially forever. This is generally not allowed to avoid locking up property indefinitely. The section that deals with restrictions against this is Section 18 . So, a matches with 2. b. When unborn person acquires vested interest on transfer for his benefit: This deals with situations where you transfer property for the benefit of a child who hasn't been born yet. Section 20 explains when that child will get full ownership (a 'vested interest') once they are born. So, b matches with 1. c. Transfer by "ostensible owner": An "ostensible owner" is someone who *appears* to be the real owner of a property, even if they aren't. If they transfer the property to someone else in good faith, Section 41 protects that buyer. So, c matches with 4. d. Transfer by co-owner: This deals with what happens when multiple people own a property together (co-owners). Section 44 describes the rights of the person who buys the share of one of the co-owners. So, d matches with 3. Therefore, the correct matching is: a-2, b-1, c-4, d-3, which corresponds to Option B .
[#300] Section 60 of the Transfer of Property Act, 1882, does not refer to the exinction of the equity of redemption by operation of law. The statement is
Correct Answer
(C) True
Explanation
Solution: Equity of Redemption: The Equity of Redemption is a legal right that allows a mortgagor (borrower) to reclaim their property after repaying the mortgage debt. This right exists even after the mortgagee (lender) has taken possession of the property but before the property is sold or foreclosed. Correct Answer: Option C – True Section 60 of the Transfer of Property Act, 1882 deals with the Right of Redemption. It states that the mortgagor has the right to redeem the mortgaged property after repaying the entire mortgage amount. However, this section does not recognize the extinction of the equity of redemption by mere operation of law unless there is an express agreement or foreclosure by court order. Explanation: 1. Section 60 gives the mortgagor an absolute right to redeem the property unless it is extinguished through a valid legal process. 2. The equity of redemption cannot be taken away by any contractual term in the mortgage agreement, as it is a statutory right. 3. The extinction of equity of redemption occurs only in cases such as foreclosure (legal proceedings) or a valid sale of the mortgaged property. 4. Since Section 60 does not allow the extinction of equity of redemption merely by the passage of time or by operation of law, the given statement is true. Thus, the correct answer is Option C: True .