51. A transfers property to B for life and after his death to C and D, equally to be divided between them or to the survivors of them. C dies during life of B. D survives B. At B’s death the property:
(a) shall pass to D
(b) shall pass to any person
(c) shall pass to person who is specifically named in transfer
(d) none of the above.
52. The provisions of conditional transfer is provided in the Transfer of Property Act, 1882
(a) section 25
(b) section 26
(c) section 27
(d) section 29.
53. X transfers Rs. 500 to Y on condition that he shall execute a certain lease within three months after V’s death, and, if he should neglect to do so to Z. If Y dies in X’s life time.
(a) the disposition in favour of Z takes effect
(b) the disposition shall not take effect in favour of Z
(c) the disposition requires further conditions
(d) none of the above.
54. X marries to Y but in case she dies in his lifetime, he would transfer the property to Z. X and Y perish together, under circumstances which make it impossible to probe that she died before him. The disposition of property in favour of Z:
(a) does not take effect
(b) takes effect
(c) disposition is subject to another contract
(d) none of the above.
55. Under the provisions of section 29 of the Transfer of Property Act, 1882 an ulterior disposition of the kind contemplated in the provision of section 28 can not take effect unless:
(a) condition is strictly fulfilled
(b) condition is not fulfilled
(c) only (b) is correct
(d) none of the above.
56. In case of transfer of property under the Transfer of Property Act, 1882, if the ulterior disposition is not valid then
(a) the prior disposition is affected by it
(b) the prior disposition is not affected by it
(c) no such condition is prevailed under the Transfer of Property Act, 1882
(d) none of the above.
57. A transfer a garden to B for her life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. Decide the case in the light of Transfer of Property Act, 1882
(a) B loses his life interest in the firm
(b) B does not lose his life interest in the firm
(c) no such provision is made under the Transfer of Property Act, 1882
(d) none of the above.
58. Under the provisions of section 35 of the Transfer of Property Act, 1882, where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property then
(a) such owner must elect either to confirm such transfer or to dissent from it
(b) such owner can elect to confirm such transfer only
(c) such owner can dissent from transfer only
(d) none of the above.
59. The foundation of doctrine of election under the Transfer of Property Act, 1882 is that a person taking the benefit of an instrument:
(a) must bear the burden
(b) must not bear the burden
(c) burden is not the subject of election
(d) none of the above.
60. The rule of election under the Transfer of Property Act, 1882, as applied to Will is enacted in sections 180 and 192 of the:
(a) Indian Succession Act, 1925
(b) Indian Registration Act, 1908
(c) Sale of Goods Act, 1930
(d) General Clauses Act, 1897.
61. A person is not put to his election, unless he has a proprietary interest in the property disposed off in derogation of his rights. This is the subject matter under provisions of:
(a) section 35 of the Transfer of Property Act, 1882
(b) section 35 of the Indian Registration Act, 1908
(c) section 35 of the Indian Succession Act, 1925
(d) General Clauses Act, 1897.
62. Section 37 of the Transfer of Property Act, 1882 refers to apportionment by estate. In this light, before the Transfer of Property Act, 1882, when a transfer was severed by the sale of shares in the version the tenant was still obliged to pay the rent to all shares jointly:
(a) unless an apportionment had been agreed to by all the parties
(b) any party is agreed by all the parties
(c) any two parties are agreed
(d) none of the above.
63. In the Transfer of Property Act, 1882, sections 33 to 37 apply to both immovable and movable property whereas sections 38 to 53 apply to:
(a) movable property only
(b) immovable property
(c) both immovable and movable property
(d) none of the above.
64. Provisions of section 38 of the Transfer of Property Act, 1882 does not apply to cases falling under:
(a) benamidars or ostensible owners who can give no title except by estoppel
(b) contingent transfer which is based on happening and not happening of certain events
(c) perpetual transfer
(d) none of the above.
65. Section 38 of the Transfer of Property Act, 1882, has no application
(a) to previous transfer where the transaction is still incomplete
(b) to succeeding transfer where the transaction is to be completed in future
(c) to perpetuity transfer
(d) none of the above.
66. Under section 39 of the Transfer of Property Act, 1882 the provision is made for transfer where the third person is entitled to maintenance. In this context the court held that right of maintenance, even of a Hindu widow, is an identified right which falls short of a charge. This was decided in case of:
(a) Ramanandan v. Rangammal, (1889) 12 Mad 260
(b) Ram Kumar v. Ram Dai, (1900) 22 All 326
(c) Rachawa v. Shivayogoda, (1893) 18 Bom 679
(d) none of the above.
67. Right to maintenance under the provisions of section 39 of the Transfer of Property Act, 1882 includes the enhanced maintenance in future to these if there has been a material change in the circumstances. This was decided in case of:
(a) Adiveppa v. Tengawum, (1974) 2 Karn LJ 45
(b) Kaveri v. Parameswari, AIR 1971 Ker 216
(c) Dattatreya v. Julsabai, (1943) Bom 646
(d) Pranlal v. Chapsey, AIR 1945 Bom 34.
68. Within the provisions of section 39 of the Transfer of Property Act, 1882 the word “maintenance” covers also residence. This was decided in case of:
(a) Kaveri v. Parameswari, AIR 1971 Ker 216
(b) Ramamurtlii v. Kanakaratnam, (1948) Mad 315
(c) Akhoy Kumar v. Corporation of Calcutta, (1915) 42 Cal 625
(d) Mama v. Bachchi, (1906) 26 All 655.
69. Within the meaning of provision under section 39 of the Transfer of Property Act, 1882 a woman is entitled to maintenance not only from the husband, but also from sons who are members of joint family. This was decided in case of:
(a) S. Periaswami v. Cliellaival, (1980) 1 Mad LJ 46
(b) Raghvan v. Nagamal, (1979) 1 Mad LJ 172
(c) Chandramna v. Mamam Vankettareddy, AIR 1958 AP 396
(d) Basudev Dei Sarkar v. Chhaya Dey Sarkar, AIR 1991 Cal 399.
70. Under the provisions of section 40 of the Transfer of Property Act, 1882, the right referred to in First Paragraph of this section refers to:
(a) right of transferer as against purchase from a transferee to restrain the breach of a negative covenant
(b) negative right of transferer as against purchaser from a transferee to restrain the breach of a negative covenant
(c) mixed right of both purchaser and transferer
(d) none of the above.
71. Within the meaning of section 40 of the Transfer of Property Act, 1882, the right referred to in First Paragraph of this section refers to:
(a) is not a transferee by operation of law
(b) is a transferee by operation of law
(c) is a transferee by operation of law and is not a transferee within the meaning of section 40
(d) none of the above.
72. The transfer by ostensible owner is provided in …….section of the Transfer of Property Act, 1882
(a) section 38
(b) section 39
(c) section 40
(d) section 41.
73. With the express or implied consent of interested person in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, then the transfer shall not be:
(a) voidable
(b) void
(c) valid
(d) none of the above.
74. The section 41 of the Transfer of Property Act, 1882 is the statutory application of the law of estoppel. The statement is
(a) true
(b) false
(c) partly true
(d) none of the above.
75. Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfers and
has no application to:
(a) court sale
(b) contingent sale
(c) perpetuity sale
(d) price less sale.
