MCQs on THE TRANSFER OF PROPERTY ACT, 1882 Part - 4

Q.1:- Which of the following can be considered implied surrender of the lease?

• Abandonment of possession by the lessee.
• A surrender by one of the two joint lessee’s, implied surrender on the part of second lessee.
• Non acceptance of a new lease taking effect during the continuance of the existing lease.
• None of these

Q.2:- Ashu is owner of a cowshed and a land adjacent to the cowshed. He sells the cow shed to Bhuvan, with an understanding that Bhuvan can continue to graze cattle on Ashu’s land. The maximum capacity of the cow shed is for 30 cows. Bhuvan brought in 15 cows and started using the land. Later on Bhuvan increased the capacity of cowshed to 60 cows. Which of the following statements will apply?

• Bhuvan can only use the land for grazing by 30 cows
• Bhuvan can continue to use the land for grazing of as many cows as he likes, as long as the grass is sufficient for the purpose
• Bhuvan can only use the land for grazing by 15 cows
• Bhuvan can continue to use land for grazing by 60 cows

Q.3:- Praveen entered into an agreement with Ankit for exchanging agricul¬ture land belonging to Praveen valued at Rs.1,23,411 for a residen¬tial house of Ankit valued at Rs.1,55,212. Praveen transferred the land to Ankit. But Ankit did not have clear title of the residential house as such Praveen was not allowed the possession of the same. Which of the following remedies area available to Praveen?

• He can sue for recovery of his property but not for the loss suffered by him
• He can sue for both recovery of the property and for the loss suffered by him
• He cannot sue Ankit at all, because the responsibility to take possession lies with Praveen
• He can sue for the loss but not for the recovery of his property

Q.4:- Who can make suit for redemption?

• Mortgagor
• Mortgagee
• None
• Both (a) & (b)

Q.5:- Which of the following statements is true regarding sale as defined under the Transfer of Property Act, 1882?

• Sale cannot be for intangible property.
• Registration of every transfer of every tangible immovable property is required.
• The full value of the property must be paid or payment of full value must be promised.
• None of these

Q.6:- Rights and Liabilities of lessor and lessee, in which section provision under the transfer of property act.

• sec.108
• sec. 110
• sec. 107
• sec.105

Q.7:- Provisions of section 60A, i.e., obligation to transfer to third party instead of transference to mortgagor, do not apply in case of a mortgagee who:

• is not in possession
• is previously possession holder
• is or has been in possession
• none of the above

Q.8:- In which type of mortgage the immovable property ostensibly sell?

• Simple Mortgage
• Mortgage by Conditional sale
• English Mortgage
• Usufructuary Mortgage

Q.9:- Rule of lispendens is applicable to suits for specific performance of contracts to transfer immovable property. This statement is:

• true
• partly false
• false
• None of the above.

Q.10:- In case a lease is made for a certain period mentioning that it is terminable before its expiration, without mentioning at whose option________.

• Both lessor and lessee will have option of terminating the lease.
• Only lessee will have the option of termination.
• The lease will be terminable only in case of mutual agreement.
• Only lessor will have the option of termination.

Q.11:- When movable assets are sold, sale price of each slot shall be?

• Understand by parties
• Public notification
• Public notification and understand by parties
• None of the above

Q.12:- “Once a mortgage, always a mortgage”. This sentence is……….

• Absolutely False
• Partly False
• Absolutely True
• Partly True

Q.13:- Which of the following is the right of mortgager to redeem as conferred by the Transfer of Property Act, 1882?

• Right to demand that the mortgagee at his cost, should transfer the mortgaged property to any such third person as the mortgagor directs.
• Right to demand that the mortgagee at his cost, should transfer the mortgaged property to the mortgagor.
• Neither A nor B
• Either A or B

Q.14:- Easement apart from the heritage can’t be transferred

• Un-dominant
• Dominant
• None
• Right of re-entry

Q.15:- Which of the following is the essential condition for gift?

• Transfer must be accepted by done. Acceptance by donee should be during his life time.
• Gift should be existing property. It may be movable or immovable property.
• Transfer must be made voluntarily and without consideration.
• All of the above

Q.16:- Which of the following is the essential condition for Lease?

• Transfer of a right to enjoy immovable property.
• Transfer is for specific time or for perpetuity.
• None of the above
• Both a and b

Q.17:- Shubham gifts a share of business to Rohan on the condition that in case rohan does not like the future daughter-in-law of Rohan, the property will revert back to Rohan. Which of the following statements will apply?

• The gift is void in totality
• The gift and condition and valid
• The gift is valid in case Rohan’s son choose not to marry
• The gift is absolute, condition is invalid and discarded

Q.18:- Ram makes a gift of residential house comprising of three distinct units, one each to Arti, Rakesh and Reeta. Rakesh refuses the gift. Which of the following statements will apply?

• The house will be divided equally between Arti and Reeta
• One unit will default back to Ram
• None of these
• Rakesh will continue to own one unit

Q.19:- Which of the following can be considered implied surrender of the lease?

• Abandonment of possession by the lessee.
• Non acceptance of a new lease taking effect during the continuance of the existing lease.
• None of these
• Surrender by one of the two joint lessee’s, implied surrender on the part of second lessee.

Q.20:- Possession consider as notice, when possession can’t be followed as notice

• Actual
• Unconstructive
• Express
• Constructive

Q.21:- What is intention to deposit of title deeds in equitable mortgage?

• Take a possession
• Create a security
• Take an interest
• Take a consideration

Q.22:- The transferee of property is known as…………….

• Mortgagee
• Co-owner
• Executor
• Mortgagor

Q.23:- Contract of tenancy can be split up by:

• Operation of Law
• Court in eviction proceedings
• Either A or B
• Neither A nor B

Q.24:- Where mortgagor deliver possession of property to mortgagee and authorised him to retain possession of property until payment of money or debt and to receive the rents and profits accruing from property in payment of mortgage money is called as?

• Mortgage by conditional sale
• Anomalous mortgage
• Usufructuary mortgage
• English mortgage

Q.25:- “Transfer of Property Act” is subordinate to which law?

• Equity and Trust
• Contract
• Criminal
• Constitutional

Q.26:- 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:

• the statement is false
• the statement is true
• the statement is partly true
• none of the above.

Q.27:- The doctrine of lispendens:

• Is applicable on both movable and immovable property.
• Is applicable on both specified and unspecified properties.
• All of these
• Is applicable on both partial and absolute transfers

Q.28:- “Transfer in favour of unborn person cannot be done”, This sentence is…………….

• Absolutely True
• Partly True
• Absolutely False
• Partly False

Q.29:- Under the Transfer of Property Act, 1882, vested interest is_______.

• Defeated by the death of the transferee
• Defeated by the death of the transferor
• Neither A nor B
• Either or both A and B

Q.30:- Doctrine of Part Performance is applicable to what?

• Only written contract
• Only Oral contract
• Oral-Written contract
• None of above

Q.31:- The court for appointment of a receiver and any person appointed tohave been duly appointed by the…………..

• Mortgagee
• Mortgagor
• None
• Both (a) & (b)

Q.32:- Transfer of Actionable claim is known as…….

• Allowance
• Assignment
• Combination
• Division Assignment

Q.33:- A right to recover cows trapped on the owner’s land will be:

• Actionable claim
• Easement
• License
• None of these

Q.34:- Allowed to military, naval, air force and civil pensioners of Government can’t be transferred

• Stipends and Pensions
• Salary
• Allowances
• Salary and allowances

Q.35:- In which section provision of gift may be suspended or revoked

• sec. 122
• sec.126
• sec.128
• sec. 124

Q.36:- A tenant remaining possession after determination of the lease is called:

• Tenant on sufferance
• Tenant at will
• Both A and B
• Either A or B, depending whether he retains possession with or without landlord’s permission

Q.37:- In transfer of property from below which is movable property?

• Right to collect lac from trees
• grass
• Life time interest in immovable property
• Right of fishery

Q.38:- Transferor cannot take back property only on ground of non - registration of documents, if the transferee has performed his part of contract and has also taken possession of property or part of it. Which of the following doctrine gives the favour to above statement:

• Feeds estoppels.
• Acceleration
• Part Performance
• Part Performance

Q.39:- What a minor can become?

• Administrator
• Mortgagee
• Mortgagor
• None of above

Q.40:- Which purposes can for mortgagee accession mortgage property?

• security
• charge
• None
• sale

Q.41:- There is no need of written document for transfer of ……….property

• Immovable
• Movable
• None of the above
• Both

Q.42:- In which of the following cases will the transferee get good title of the property transferred, if he acted in good faith?

• Transfer by ostensible owner of the property for consideration
• Transfer by owner of the property in which a widow has life interest for maintenance
• neither A nor B
• Both A and B

Q.43:- A right of future maintenance is altogether

• Alienable
• Transferrable
• Non transferrable
• Inalienable

Q.44:- The section 41 of the Transfer of Property Act, 1882 is the statutory application of the law of estoppels. The statement is:

• false
• true
• partly true
• None of the above.

Q.45:- Mortgage by deposit of title deed is also known as:

• English mortgage
• Simple mortgage.
• Equitable mortgage
• Mortgage with possession

Q.46:- In which type of mortgage the possession of property is delivered?

• Simple Mortgage
• Usufructuary Mortgage
• English Mortgage
• Anomalous Mortgage

Q.47:- Which of the following section deal with rights and liabilities of buyer and seller?

• 55
• 53
• 57
• 51

Q.48:- According to the provisions of section 19 of the Transfer of Property Act, 1882:

• Vested interest is defeated by the death of transferee before he obtains possession.
• The vested interest is not defeated by the death of the transferee before he obtains possession.
• No such provision is made.
• None of the above.

Q.49:- Transfer of Spes Succession is:

• Void
• Voidable
• Valid
• Either A or B

Q.50:- 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:

• The contract is one which had been induced by personal qualifications or considerations as to the parties to it.
• The benefit is coupled with an obligation which the assignor is bound to discharge.
• Neither A nor B
• Either A or B