Transfer Of Property Act - Practice Test

[#341] Where writing is not expressly required by law a transfer of property may be made orally:

(A) False

(B) Transfer can only be made by writing

(C) With consent of parties oral transfer can be done

(D) True

Correct Answer

(D) True

[#342] Rajes Kanta Roy v. Santi Debi, AIR 1957 SC 255 is a case on the following principle of Transfer of Property:

(A) Vested interest

(B) Contingent interest

(C) Spes successionis

(D) Gift

Correct Answer

(A) Vested interest

[#343] A transfer to C a debt due to him by B, A being then indebted to B. C sues B for the debt due to B to A. Is B entitled to set off the debt due by A-

(A) Yes although 'C' was unaware of it at the date of such transfer

(B) No, because 'C' became aware of it after the transfer

(C) Yes, because 'C' became aware of it after the transfer

(D) No, because the transferee of an actionable claim shall not take it subject to all the liabilities

Correct Answer

(A) Yes although 'C' was unaware of it at the date of such transfer

Explanation

Solution: According to the Transfer of Property Act , when a debt due from 'A' to 'B' is transferred to 'C' and 'A' is also indebted to 'B' at the same time, 'B' is entitled to set off the debt due from 'A' against the debt due to 'C'. This right of set-off applies even if 'C' was unaware of the debt owed by 'A' to 'B' at the time of the transfer. The rationale behind this is to prevent unjust enrichment. If 'A' owes 'B' and 'C' owes 'A', it would be unfair to allow 'C' to recover the debt from 'B' without adjusting the amount 'A' owes 'B'. Therefore, 'B' is entitled to set off the debt owed by 'A' against the debt due to 'C', even if 'C' was unaware of it at the time of the transfer. Therefore, the correct option is Option A: Yes although 'C' was unaware of it at the date of such transfer , as it accurately reflects the legal principle regarding the entitlement to set off in this context.

[#344] The principle embodied in Section 43 of the Transfer of Property Act, 1882 is of

(A) Actionable claim

(B) Clog on redemption

(C) Feeding the grant by estoppel

(D) Subrogation

Correct Answer

(C) Feeding the grant by estoppel

[#345] An immovable property held by Y is situated at Bhopal and the wrong doer personally works for gain at Indore. A Suit to obtain compensation for wrong to the property may be instituted.

(A) At Bhopal

(B) At Indore

(C) Either at Bhopal or at Indore

(D) None of the above

Correct Answer

(C) Either at Bhopal or at Indore

Transfer Of Property Act - Study Mode

[#341] Where writing is not expressly required by law a transfer of property may be made orally:

Correct Answer

[#342] Rajes Kanta Roy v. Santi Debi, AIR 1957 SC 255 is a case on the following principle of Transfer of Property:

Correct Answer

[#343] A transfer to C a debt due to him by B, A being then indebted to B. C sues B for the debt due to B to A. Is B entitled to set off the debt due by A-

Correct Answer

Explanation

[#344] The principle embodied in Section 43 of the Transfer of Property Act, 1882 is of

Correct Answer

[#345] An immovable property held by Y is situated at Bhopal and the wrong doer personally works for gain at Indore. A Suit to obtain compensation for wrong to the property may be instituted.

Correct Answer