76. Under the provisions of section 41 of the Transfer of Property Act, 1882, these are some conditions:
(1) Transferer is the ostensible owner.
(2) He is so by the consent, express or implied, of the real owner.
(3) Transfer is for consideration.
(4) Transferee has acted in good faith, taking reasonable care to ascertain that the transferer had power to transfer.
(a) only (1) and (2) are required 81.
(b) only (1), (2) and (3) are required
(c) only (3) and (4) are required
(d) all are required. (D
77. Possession of a manager cannot be treated
as ostensible ownership with the consent of (2) the real owner. This was held in case of:
(a) Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273
(b) Ved Kumar v. Union of India, AIR 1989 NOC 136
(c) Motimul Sowvar v. Vijalakshi Ammal, AIR 1965 Mad 432
(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.
78. Inaccuracy in the recitals describing the property:
(a) cannot whitle down the effect of clear recitals in the documents about the
property to be sold thereby
(b) can whitle down the effect of clear recitals in the document about the property to be sold thereby
(c) cannot depend upon the inaccuracy or accuracy of recital describing property
(d) none of the above.
79. Under section 42 of the Transfer of Property Act, 1882 if a person has a right to transfer property, after exercising a right to revoke a previous transfer, a transfer of such property by him will imply an exercise of:
(a) right of revocation
(b) right of transfer
(c) right of surrender
(d) none of the above.
80. Section 43 of the Transfer of Property Act, 1882 enables a transferee to whom a transferer has made a fraudulent or erroneous representation to lay hold, at his option, of any interest:
(a) which the transferor may subsequently acquire with property, provided he does not adversely affect the right of any subsequent purchaser for value without notice
(b) which the transferee may rescind the proceeding
(c) which both transferor and transferee rescind
(d) none of the above.
81. In order to get the benefit of the section 43 of the Transfer of Property Act, 1882 some conditions are necessary:
(1) Contract of transfer was made by a person who was competent to contract.
(2) Contract would be subsisting at the time when a claim for recovery of the property is made.
(a) both (1) and (2) necessary
(b) only (1) is necessary
(c) only (2) is necessary
(d) none of the above.
82. Section 44 of the Transfer of Property Act, 1882, deals with:
(a) transfer by two co-owner
(b) transfer by one co-owner
(c) transfer by 3 co-owners
(d) transfers by all co-owners.
83.When one of several co-owners transfers his share, the transferee acquires as against the other co-owners the same rights that of transferor had but is subject to any condition and liabilities affecting the share at the date of transfer. This is the provision under:
(a) section 40 of the Transfer of Property Act, 1882
(b)section 41 of the transfer of property Act,1882
(c) ) section 42 of the Transfer of Property Act, 1882
(d) ) section 44 of the Transfer of Property Act, 1882
84. The provision for the joint transfer for consideration is dealt in:
(a) section 45 of the Transfer of Property Act, 1882
(b) section 46 of the Transfer of Property Act, 1882
(c) section 46 of the Transfer of Property Act, 1882
(d) none of the above.
85. Presumption of equity pertains to:
(a) section 45 of the Transfer of Property Act, 1882
(b) section 46 of the Transfer of Property Act, 1882
(c) section 47 of the Transfer of Property Act, 1882
(d) section 48 of the Transfer of Property Act, 1882.
86. Under the provisions of the Transfer of Property Act, 1882, where immovable property is transferred for consideration by persons having distinct interests therein, the transferors are:
(a) entitled to share in the considerations equally
(b) entitled to share unequally
(c) entitled to share equally but subject to further
(d) none of the above.
87. Where several co-owners of immovable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transfers, the transfer, as among such transferors, takes effect on such share:
(a) inequally where the shares were equal and where they are unequal proportionally to the extent of such shares
(b) equally where the share were equal and where they are unequal proportionately to the extent of such shares
(c) only (a) is correct
(d) none of the above.
88. Within the meaning of section 48 of the Transfer of Property Act, 1882, the transfer cannot prejudice the rights of the transferee by any subsequent dealing with the property. This self-evident proposition is expressed in
(a) equitable maxim qui prior est tempore potior est jure
(b) quid pro co
(c) bona fide transfer
(d) none of the above.
89. The provision of improvements made by bona fide holders under defective titles is dealt in:
(a) section 50 of the Transfer of Property Act, 1882
(b) section 51 of the Transfer of Property Act, 1882
(c) section 53 of the Transfer of Property Act, 1882
(d) none of the above.
90. A lessee cannot appeal to this section 51 of the Transfer of Property Act, 1882. The statement is
(a) true
(b) false
(c) partly true
(d) none of the above.
91. Some conditions must be fulfilled before the equity provided in section 51, arises
(1) The person evicted must be transferee.
(2) The person must have made the improvements believing in good faith that he was absolutely entitled.
(a) only (1) is correct
(b) only (2) is correct
(c) both (1) and (2) are correct
(d) none of the above.
92. A treepasser is not a transferee within the meaning of section 51 of the Transfer of Property Act, 1882 and he is not entitled to compensation for improvements. This was decided in:
(a) Daya Ram v. Shyam Sundari, (1965) 1 SCR 231
(b) Krishan Prasad v. Adyanath Ghatak, AIR 1944 Pat 77
(c) Bhupendra v. Pyari, (1917) 40 IC 464
(d) none of the above.
93. The terms good faith in section 51 of the Transfer of Property Act, 1882 is used in the light of
(a) Sale of Goods Act, 1930
(b) General Clauses Act, 1897
(c) Indian Registration Act, 1908
(d) Specific Relief Act, 1963.
94. Section 51 of the Transfer of Property Act, 1882, does not apply to
(a) court sale
(b) auction sale
(d) none of the above.
95. Within the meaning of section 51 of the Transfer of Property Act, 1882, the transferee:
(a) has lien on land for the value of improvements
(b) has no lien on the land for the value of improvements
(c) has condition lien on the land for the value of improvements
(d) none of the above.
96. Section 52 of Transfer of Property Act, 1882 imposes a prohibition on transfer or otherwise dealing of any property during the pendency of a suit, provided the conditions laid down in section are satisfied. The statement is:
(a) false
(b) true
(c) partly true
(d) none of the above.
97. The principle of lis pendens embodied in section 52 of the Transfer of Property Act, 1882 pertains to:
(a) bona fide purchase
(b) public policy
(c) auction sale
(d) none of the above.
98. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. The statement is:
(a) true
(b) false
(c) partly true
(d) none of the above.
99. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. This statement is:
(a) false
(b) true
(c) partly false
(d) none of the above.
100. In case of a transfer hit by the doctrine of lis pendens, the question of good faith which is essential to be established before a equitable relief can be granted in favour of a subsequent vendee under sections 41 or 51 of the Transfer of Property Act, 1882 is:
(a) relevant
(b) partly relevant
(c) totally irrelevant
(d) partly irrelevant.
