MCQs on The Transfer of Property Act, 1882 (Sections 1 to 137)

Q.1:- Every assignee by endorsement or other writing, of, in whom the property in the subject insured shall be absolutely vested at the date of assignment, shall have transferred and vested in him all rights of suit as if the contract contained in the policy has been made with himself:

• a policy of insurance against fire
• a policy of insurance against livestock
• a policy of insurance against theft
• a policy of insurance against life

Q.2:- Where a gift in the form of a single transfer to the same person of several things of which one is, and the others are not burdened by an obligation, the donee can take nothing by the gift unless:

• He accepts it fully.
• He accepts noting.
• He accepts it substantially.
• He accepts it partly.

Q.3:- For the purpose of making a gift of immovable property, the transfer must be effected by signed by or on behalf of the donor, and attested by at least two witnesses:

• An Oral agreement
• A registered instrument
• An affidavit
• An unregistered instrument

Q.4:- When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called:

• Release Deed
• Easement
• An exchange
• Simple Mortgage

Q.5:- All other(other than from year to year, or for any term exceeding one year or reserving a yearly rent) leases of immovable property may be made:

• By oral agreement accompanied by delivery of possession.
• By a registered instrument
• Either A or B, both options are correct at the discretion of the parties.
• None of the above.

Q.6:- A lease of immovable property is:

• A sale of property for a certain time period.
• A transfer of property but not to use the property.
• A transfer of a right to enjoy such property.
• None of the above.

Q.7:- Legal subrogation arises:

• By operation of usage
• By operation of law
• By operation of traditions.
• By operation of customs

Q.8:- Besides the mortgagor, name the persons who may redeem, or institute a suit for redemption of, the mortgaged property:

• Any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property.
• Any surety for the payment of the mortgage• debt or any part thereof;
• Any person(other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same;
• All of the above.

Q.9:- Where, through the fraud, misrepresentation or gross neglect of prior mortgagee, another person has been induced to advance money on the security of the mortgaged property:

• The prior mortgagee shall be postponed to the subsequent mortgagee.
• The prior mortgagee shall be prevailed.
• The prior mortgagee shall be valid against all subsequent mortgagee.
• None of the above.

Q.10:- In the matter of immovable property the seller is bound to:

• To answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto.
• To produce to the buyer on his request for examination all documents of title relating to the property which are in the seller’s possession or power.
• To disclose to the buyer any material defect in the property or in the seller’s title thereto of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary' care discover
• All of the above.

Q.11:- An estate is given to a living person, A for life, then to a living person, B for life and then to the unborn sons of B. Whether the son of B can have interest in the property:

• The son of B must be in existence on or before the date of the expiry of the lifeestate in favour of B.
• Only the son of B may have the interest in the property.
• Son or daughter whatever it may, may have the interest in the property.
• None of the above.

Q.12:- A property may be transferred to or for the benefit of a women(not being a Hindu, Muhammadan or Buddhist), so that:

• She shall have power during her marriage to transfer or charge the same or her beneficial interest therein.
• She shall not have power before her marriage to transfer or charge the same or her beneficial interest therein.
• She shall have power after her marriage to transfer or charge the same or her beneficial interest therein.
• She shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.

Q.13:- ‘Attached to the earth” means:

• B.bedded in the earth, as in the case of walls or buildings
• Rooted in the earth, as in the case of trees and shrubs
• Attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached
• All of the above.

Q.14:- The Act relating to the transfer of immovable property is called as:

• The Transfer of Immovable Property Act, 1882
• The Property Transfer Act, 1882
• The Immovable Transfer of Property Act, 1882
• The Transfer of Property Act, 1882

Q.15:- “immoveable property” does not include:

• Growing crops
• Standing timber
• Growing grass
• All of the above.

Q.16:- The Transfer of Property Act, F882 came into force with effect from:

• First day of August, 1882
• First day of June, 1882
• First day of September, 1882
• First day of July, 1882

Q.17:- Which type of Property may be transferred:

• A mere right to sue can be transferred.
• Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force.
• An easement be transferred apart from the dominant heritage.
• A public office can be transferred, nor can the salary of a public officer, whether before or after it has become payable.

Q.18:- “Transfer of property” means:

• An act by which a living person 1 conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and “to transfer property” is to perform such act.
• An act by which a living person conveys property, to one or more other living persons.
• An act by which a living person conveys property, to one or more other living persons, or to himself and one or more other living persons; and “to transfer property” is to perform such act..
• An act by which a living person conveys property, in present or in future, to one or more other living persons.

Q.19:- Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor:

• Shall be voidable at the option of any creditor so defeated or delayed.
• Shall be void ab-initio.
• Shall be oppose to the public policy.
• Shall not be lawful.

Q.20:- A transfer’s property of which he is the owner to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A’s second son. What is effect of the interest so created for the benefit of the eldest son:

• It may take effect depending upon the circumstances
• The court to decide.
• It does take effect.
• It does not take effect.

Q.21:- A transfer of property may be made without writing in every case in which writing is not expressly required by law. Which are these case(s);

• Gift of immovable property (Section 123)
• Transfer of actionable claim (Section 130)
• Simple mortgage irrespective of the amount secured.(Section 59)
• Sale of immovable property of the value of less than Rs 100.(Section 54)

Q.22:- An interest created on a transfer of property and dependent upon a condition fails:

• If it is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another,
• If the fulfillment of the condition is impossible, or is forbidden by law,
• If the court regards it as immoral or opposed to public policy
• All of the above.

Q.23:- Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is:

• Illegal
• Void
• Bad
• Voidable

Q.24:- Where, on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereby acquires:

• A contingent interest in the property.
• An express interest in the property.
• A perfect interest in the property.
• An implied interest in the property.

Q.25:- Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than the life of the transferor, or a period of eighteen years from the date of transfer, such direction shall, save as hereinafter provided, to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last-mentioned period the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed:

• Be bad
• Be illegal
• Be void
• Be voidable

Q.26:- Where the terms of a transfer of property impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled:

• If it has been substantially complied with.
• AIf it has been partly complied with.
• If it has been perfectly complied with.
• If it has been absolutely complied with.

Q.27:- Where the principal money secured is one hundred rupees or upwards, can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses:

• A mortgage other than an English mortgage.
• A mortgage other that an Anomalous mortgage.
• A mortgage other than a mortgage by deposit of title deeds
• A mortgage other than a simple mortgage.

Q.28:- 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 recovery of dues
• A suit for foreclosure.
• A suit for money decree.
• None of above.

Q.29:- If A mortgages a certain plot of land to B and afterwards erects a house on the plot for the purpose of his security. What will B be entitled to:

• The accession to the mortgaged property is not a right of the mortgagee.
• B will be entitled for the plot so mortgaged only.
• B is entitled to the house as well as the plot.
• None of the above.

Q.30:- The limitation of rule enunciated in Marshalling of securities is:

• The claim to marshal must not allowed to prejudice the rights of the first mortgagee or of others who have acquired an interest for consideration.
• The claim to marshal must be allowed to prejudice the rights of the first mortgagee or of others who have acquired an interest for consideration.
• The claim to marshal must be allowed to prejudice the rights of the second mortgagee or of others who have acquired an interest for consideration.
• The claim to marshal must not allowed to prejudice the rights of the second mortgagee or of others who have acquired an interest for consideration.

Q.31:- Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage, and, for the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be its after deduction of the amount of any other mortgage or charge to which it may have been subject on that date:

• value at the date of the liquidation of the debt.
• value at the date of the loan
• value at the date of the part payment of the debt
• value at the date of the mortgage

Q.32:- Who is the authority to make rules relating to the Transfer of Property Act:

• The Supreme Court
• The High Court.
• The State Government
• The Central Government

Q.33:- Where a person paying off the mortgage debt is a stranger and has no interest of his own to protect, but he advances money under an agreement, express or implied, that he would be subrogated and the rights and remedies of the mortgagee whose mortgage is paid off by his money. This is called as:

• Marshalling of securities
• Family arrangement
• Conventional Subrogation
• Legal subrogation

Q.34:- Puisne mortgagee means:

• Subsequent mortgagee has right to redeem subsequent mortgage.
• Mortgagee has right to redeem a prior mortgage.
• Subsequent mortgagee has right to redeem a prior mortgage.
• Subsequent mortgagee has no right to redeem a prior mortgage.

Q.35:- Mr. A mortgages the properties named as X and Y to Mr. B and then mortgages Y alone to Mr C. If Mr. B seeks to realises his mortgage out Y, Mr C can compel Mr. B to proceed first against X and realise the debt from it. In case Mr B is unable to realize the whole amount due to him from X, he is entitled to recover the balance from Y. This situation is called as:

• Absolute Assignment
• Marshalling of securities
• Anomalous Mortgage
• Clog on Redemption

Q.36:- What will be the status of the mortgagee when the mortgaged property is a lease and the mortgagor obtains a renewal of the lease:

• The mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to the new lease.
• The mortgagee, shall not be entitled to the new lease.
• The mortgagee shall not come into the picture since it is only a case of renewal.
• None of the above.

Q.37:- When the mortgaged property is a renewable lease-hold, for the renewal of the lease, and may, in the absence of a contract to the contrary, add such money to the principal money, at the rate of interest payable on the principal, and, where no such rate is fixed:

• at the rate of eight percent per annum
• at the rate of nine percent per annum
• at the rate of six percent per annum
• at the rate of seven percent per annum

Q.38:- A charge may be created:

• By operation of law
• By the act of parties
• Charge may be created by the act of parties or by operation of law.
• None of above

Q.39:- Any of the persons referred to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sale of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee. This is called as:

• Subrogation
• Mortgagee in possession
• Puisne Mortgage
• Marshalling securities

Q.40:- A charge is confined to:

• Fictitious property
• Movable property
• Intellectual Property
• Immovable property

Q.41:- What are the rights and liabilities of the lessor:

• The lessor shall be deemed to contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property during the time limited by the lease without interruption.
• The lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not with ordinary care discover.
• The lessor is bound on the lessee’s request to put him in possession of the property.
• All of the above.

Q.42:- A lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made:

• Registration is not mandatory.
• Only by an instrument.
• Although registration is not mandatory, but if registered, the parties may enjoy certain benefits.
• Only by a registered instrument.

Q.43:- A lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease , terminable, on the part of either lessor or lessee, by six months’ notice expiring with the end of a year of the tenancy:

• From half year to half year
• From month to month
• From year to year
• From quarter to quarter

Q.44:- A gift of future property is:

• Bad
• Illegal
• Voidable
• Void

Q.45:- The transfer of an actionable claim may be:

• With consideration
• Without consideration
• Either with or without consideration
• None of the above

Q.46:- Where the transferor of a debt warrants the solvency of the debtor, the warranty, in the absence of a contract to the contrary, applies only to his , and is limited, where the transfer is made for consideration, to the amount or value of such consideration:

• solvency at the time of the sanctioning of the debt
• solvency at the time of the liquidation
• solvency at the time of the disbursement of debt
• solvency at the time of the transfer

Q.47:- Where a gift consists of the donor’s whole property, the donee is personally liable for all the debts due by and liabilities of the donor at the time of the gift to the extent of the property comprised therein. This is called as:

• Registered gift
• Universal donee
• Un-registered gift
• Onerous gift

Q.48:- For the purpose of making a gift of movable property, the transfer may be effected:

• By affidavit
• By a registered instrument
• By delivery.
• Either by a registered instrument signed as aforesaid or by delivery.

Q.49:- What is the difference between sale and exchange:

• In case of sale, the price is not essential, while in exchange one specific property is transferred for another.
• In case of price is to be paid by cheque only while in exchange no cheque is required.
• In case of sale the price is not the sole consideration, while in exchange the properties are the main consideration.
• In case of sale, the price is paid in money while in exchange one specific property is transferred for another.

Q.50:- Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the done. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance:

• The gift is not complete.
• The gift is void.
• The gift is bad.
• The gift is voidable.