Property Law / Transfer of Property Act

Explain in detail the general principles governing transfer of property under Sections 5 to 11 of the Transfer of Property Act, 1882. What persons are competent to transfer and who may be a transferee? Discuss with reference to the requirement of writing and registration for various kinds of transfers.[10 Marks]

'A' creates a usufructuary mortgage in favour of 'B' over his agricultural land. After five years, 'A' wishes to redeem the property, but 'B' claims that he has made improvements on the land worth Rs. 2 lakhs. Discuss the rights and liabilities of both parties. Explain the distinction between usufructuary mortgage and simple mortgage. When does the right of foreclosure arise?[10 Marks]

Critically analyse the doctrine of election under Section 35 of the Transfer of Property Act, 1882. What are the conditions for its applicability? Discuss the principle with the help of the maxim 'he who accepts a benefit under a deed must adopt the whole deed.' Refer to Devi Prasad v. Rai Harihar Prasad.[10 Marks]

Discuss the law relating to 'gift' of immovable and movable property under Sections 122 to 129 of the Transfer of Property Act. Can an oral gift of immovable property be valid? What is the effect of donor's death before acceptance? Discuss onerous gifts under Section 127 and universal donee under Section 128.[10 Marks]

'P' files a suit against 'Q' for specific performance of a contract of sale of a house. During the pendency of the suit, 'Q' sells the house to 'R', a bona fide purchaser for value without notice. Discuss whether 'R' is bound by the doctrine of lis pendens under Section 52. Can 'R' claim the protection of Section 41 (transfer by ostensible owner)? Refer to Amit Kumar Shaw v. Farida Khatoon (2005).[10 Marks]

Discuss in detail the various rights available to a lessee and a lessor under the Transfer of Property Act. Explain the modes of determination of lease under Section 111. Under what circumstances can a lease be determined by forfeiture? Discuss the concept of 'holding over' under Section 116 and its effect on the terms of the original lease. Also discuss the distinction between a lease and a licence with reference to the Supreme Court decision in Associated Hotels of India v. R.N. Kapoor (AIR 1959 SC 1262).[15 Marks]

'A' owns a large estate. He transfers it to 'B' for life, then to 'C' (an unborn child of 'B') absolutely. At the time of transfer, 'B' has no children. Subsequently, 'B' gives birth to 'C'. Discuss the validity of this transfer in light of Sections 13, 14, 15, 16, and 20 of the Transfer of Property Act relating to transfer to unborn persons, the rule against perpetuity, vested and contingent interests, and conditional transfers. Would your answer change if the transfer was to 'C' for life instead of absolutely? Discuss the rule in Whitby v. Mitchell and its applicability in India.[15 Marks]

'X' sells property to 'Y' who does not get the sale deed registered. 'Y' pays the entire consideration and is put in possession. Later, 'X' sells the same property to 'Z' by a registered sale deed. 'Z' has knowledge of the prior sale to 'Y'. Discuss the rights of 'Y' and 'Z'. Can 'Y' invoke Section 53A? Does Section 54 override Section 53A? Refer to Suraj Lamp & Industries v. State of Haryana (2012).[5 Marks]

Explain the concept of 'equitable mortgage' (mortgage by deposit of title deeds) under Section 58(f) proviso of the Transfer of Property Act. In which cities can such a mortgage be created? Discuss the conditions for its validity and the impact of the Supreme Court decision in Syndicate Bank v. Estate Officer (2007).[5 Marks]

'A' gifts his property to 'B' on the condition that 'B' shall pay Rs. 5,000 per month to 'C' for life. 'B' accepts the gift but fails to pay 'C'. Advise 'C' on his remedies. Discuss the nature of an onerous gift under Section 127 and the rights of third parties in conditional gifts.[5 Marks]

Discuss the doctrine of priority under Section 48 of the Transfer of Property Act. How does Section 78 (postponement of prior mortgagee) operate as an exception to this rule? Explain with an example involving successive mortgages.[5 Marks]

Explain the distinction between a licence and an easement. Under what circumstances can a licence become irrevocable? Discuss easement by prescription under Section 15 of the Indian Easements Act and the period of prescription required. Refer to Sukhdev v. Basudev.[5 Marks]