Property Law / Transfer of Property Act

Explain the doctrine of part performance as enshrined in Section 53A of the Transfer of Property Act, 1882. Discuss its essential conditions and limitations. How far does this doctrine protect the transferee? Refer to the Supreme Court decision in S. Kaladevi v. V.R. Somasundaram (2010).[10 Marks]

Discuss in detail the different types of mortgages recognised under Section 58 of the Transfer of Property Act, 1882. What are the rights and liabilities of a mortgagor and mortgagee? Explain with reference to the right of redemption under Section 60.[10 Marks]

What is a 'sale' under Section 54 of the Transfer of Property Act? Distinguish between a sale and an agreement to sell. Discuss the rights and liabilities of buyer and seller before and after completion of sale under Sections 55 and 57.[10 Marks]

'A' leases out his building to 'B' for a period of five years at a monthly rent of Rs. 20,000. After two years, 'B' sublets the premises to 'C' without 'A's consent. Advise 'A' regarding his remedies. Discuss the law relating to determination of lease under Section 111 and the rights of the lessor and lessee under Sections 108 and 109 of the Transfer of Property Act.[10 Marks]

Critically examine the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882. Is it based on the principle of equity, justice and good conscience or on public policy? Discuss with reference to Jayaram Mudaliar v. Ayyaswami (1972) and Bellamy v. Sabine.[10 Marks]

'A' transfers property worth Rs. 50 lakhs to 'B' by a registered gift deed. 'B' accepts the gift and takes possession. Later, 'A' claims the gift is void as it was made without consideration and under undue influence. Discuss the law of gift under Sections 122 to 129 of the Transfer of Property Act. What are the grounds on which a gift can be revoked or suspended? Can 'A' succeed in his claim? Also discuss the distinction between gifts inter vivos and gifts causa mortis. Refer to relevant case law including Karam Chand Thapar v. Sarju Prasad Sahu.[15 Marks]

Explain the concept of 'transfer of property by persons having limited interest' under Section 6 and the rule against perpetuity under Section 14 of the Transfer of Property Act, 1882. Discuss Sections 14-18 relating to vested and contingent interests with illustrations. How does the Act deal with conditional transfers and the doctrine of election (Section 35)? Evaluate the interplay between the rule against perpetuity and the creation of successive interests in property under Indian law.[15 Marks]

'X' mortgages his property to 'Y' by way of usufructuary mortgage. After ten years, 'X' tenders the mortgage money and demands reconveyance, but 'Y' refuses, claiming he has a right to retain possession until the debt is paid from the usufruct. Advise 'X' on his right to redemption under Section 60 and the clog on the equity of redemption. Refer to Noakes & Co. v. Rice.[5 Marks]

'P' enters into an agreement to sell immovable property to 'Q'. 'Q' pays part of the consideration and is put in possession. The sale deed is not registered. 'P' later sells the same property to 'R' by a registered sale deed. Discuss 'Q's rights under Section 53A of the Transfer of Property Act. Can 'Q' claim protection under the doctrine of part performance?[5 Marks]

Discuss the concept of easements with reference to the Indian Easements Act, 1882. Distinguish between easement by grant, easement by prescription, and easement of necessity. When can an easement be extinguished?[5 Marks]

'M' transfers property to 'N' for life and then to 'O' absolutely. 'N' commits waste on the property. Advise 'O' on his remedies. Discuss the concepts of vested remainder, contingent remainder, and the rights of a remainderman under the Transfer of Property Act.[5 Marks]

Explain the procedure and significance of registration of documents under the Registration Act, 1908. What are the consequences of non-registration of a document which is compulsorily registrable under Section 17? Refer to Section 49 of the Registration Act and discuss exceptions thereto.[5 Marks]