The mortgagor in Indian law is the owner who had parted with some rights of ownership and the rights of redemption is a right which he exercises by virtue of his:
A. Pecuniary ownership
B. Residuary ownership
C. Conditional ownership
D. None of the above
Select an option to see the answer and solution.
Section 52 of the Transfer of Property Act deals with
A. Rule against perpetuity
B. Lis pendens
C. Doctrine of apportionment
D. Doctrine of part-performance
Select an option to see the answer and solution.
Who among the following persons may not redeem the mortgaged property?
A. Any person having interest in property
B. Any surety for payment of the mortgaged debt
C. Any creditor of the mortgagor
D. Counsel pleading the case against mortgagee
Select an option to see the answer and solution.
Fraudulent transfer has been defined under which Section of the Transfer of Property Act, 1882?
A. Section 52
B. Section 53
C. Section 54
D. Section 55
Select an option to see the answer and solution.
Section 100 of the Transfer of Property Act, 1882, shall not apply to the charge of a transferee on the trust property for expenses properly incurred in the execution of his trust and no charge shall be enforced against any property in the hands of a person to whom:
A. Such property has been transferred for consideration and without notice of the charge
B. Such property has not been transferred for consideration and without notice of charge
C. Such property has been mortgaged
D. Such property has been hypothecated
Select an option to see the answer and solution.
Regard being had to the provisions of the Transfer of Property Act, 1882, match
List I with
List II and select the correct answer by using the given below the Lists:
List-I
List-II
a. Lit lite pendente nihil innovetur
1. Lis pendens
b. Qui jacit per allium facit per se
2. Constructive notice
c. Nemo dat quod non habet
3. Onerous gift
d. Qui sentit sentire debtet onus
4. Ostensible owner commodum
A. a-1, b-2, c-3, d-4
B. a-1, b-2, c-4, d-3
C. a-2, b-4, c-3, d-1
D. a-1, b-3, c-4, d-2
Select an option to see the answer and solution.
In which of the following cases did the Supreme Court recognize the principle "once a mortgage, always a mortgage"?
A. Indira Kaur v. Shea Lal Kapoor
B. Mrutanjay Pane v. Narmada Bake Sasumal
C. Sidh Kamal Nayak v. Bira Nayak
D. Chandi Rani v. Kamal Rani
Select an option to see the answer and solution.
The principle of marshalling applies only where there is a common debtor and not to cases of more than one debtor mortgaging their separate properties jointly for contracting the debt. This principle pertains to:
A. Section 80 of the Transfer of Property Act, 1882
B. Section 81 of the Transfer of Property Act, 1882
C. Section 82 of the Transfer of Property Act, 1882
D. None of the above
Select an option to see the answer and solution.
Which of the following is not a vested interest:
A. A' stipulates that title in a property shall pass to 'C' on his death
B. A' stipulates that title in a property shall pass to 'C' on the death of 'B'
C. A' stipulates that title in a property shall pass to 'C' if he marries 'B'
D. A' stipulates that title in a property shall pass to 'C' after ten years
Select an option to see the answer and solution.
Whether transfer of property only by one of the competent co-owner of the property is legal?
A. Yes
B. No
C. Yes, only if court permits
D. None of the above
Select an option to see the answer and solution.
Sections 48, 78 and 79 of the Transfer of Property Act provide the example of which of the following maxims?
A. Where equities are equal, the first in time shall prevail
B. Equity delights in equality
C. He who seeks equity must do equity
D. Equity follows the law
Select an option to see the answer and solution.
Rule against perpetuity will not be applicable in
A. Perpetual transfer for gift
B. Personal contracts
C. Vested interest
D. All of the above
Select an option to see the answer and solution.
The transfer of right to enjoyment of property for certain time is in consideration of price paid or promised to pay is called:
A. Mortgage
B. Lease
C. Sale
D. None of these
Select an option to see the answer and solution.
Which of the following statements is true?
To claim the benefit of part performance
A. The contract need not be in writing
B. The contract should be registered
C. The transferee should not have taken possession of the property
D. The transferee should not have performed his part of the contract
Select an option to see the answer and solution.
Transfer of immovable property by way of gift requires
A. Registered instrument signed by or on behalf of donor
B. Attestation by at least two witnesses
C. Delivery of the property
D. Both A and B
Select an option to see the answer and solution.
Where the mortgagor delivers, possession of the mortgaged property to the mortgagee authorizing him to retain such possession until payment of the mortgagee money and to receive the rent and profits accruing therefrom. Such a mortgage is called:
A. Usufructuary mortgage
B. Simple mortgage
C. Anomalous mortgage
D. English mortgage
Select an option to see the answer and solution.
Who amongst the following groups of jurists are the chief exponents of the 'Declaratory Theory' of Recognition?
A. Hall, Brierley, Fisher and Pitt Corbett
B. Hegel, Anzilotti and Oppenheim
C. Hart, Austin and Bentham
D. Fenwick, Kelsen, Fuller and G. Schwarzenberger
Select an option to see the answer and solution.
Which of the following are "immovable property" under the Transfer of Property Act?
Select the correct answer by using the below:
1. The equity of redemption
2. A hut
3. Mortgage debt
4. Right to recover maintenance allowance charged on immovable property
A. 1 and 2
B. 1, 2 and 3
C. 1 and 4
D. 2 only
Select an option to see the answer and solution.
Where co-judgment debtors are in the position of joint promisors, each is:
A. Not jointly and severally liable to the decree holder
B. Jointly and severally liable to the decree holder
C. Jointly liable to decree holder only
D. Severally liable to decree holder only
Select an option to see the answer and solution.
A transfer cannot be made directly to an unborn person. The statement is:
A. True
B. False
C. Depends on the will of the transferor
D. The Transfer of Property Act does not provide for it
Select an option to see the answer and solution.