Important Questions on the Transfer of Property Act, 1882

The Transfer of Property Act, 1882 (TPA) is a significant legislation governing the transfer of property between living persons. Below are important and frequently asked questions for judicial services and other competitive exams, categorized for clarity:

 Short Notes-Based Questions

1. Write short notes on the following:
• (a) Attestation
• (b) Immovable Property
• (c) Notice
• (d) Actionable Claim
• (e) Transfer of Property
• (f) Gift

 Basic & Introductory Questions

2. What is “property” under the Transfer of Property Act, 1882?
3. How would you introduce the TPA to a new law student?
4. Define:
• (a) Immovable property
• (b) Attached to the earth
• (c) Transfer of property

 Conceptual & Case Law-Based Questions

5. What is a transfer of property?
• Is partition a transfer of property?
• Discuss with the help of relevant case laws.
6. Eviction Petition Case Study
X rents a room to Y for ₹3000/month for 3 years with 10% yearly rent hike. Before the third-year hike activates, X files for eviction under the Delhi Rent Control Act, 1958, claiming widowhood and personal necessity. Y contests jurisdiction, citing future rent increase would breach the Act’s ₹3500 limit.Can X maintain the eviction petition?

 Women’s Rights & Restrictions

7. Can a Pardanashin lady enter into a contract for the transfer of property?
• What must the transferee prove in court?

 Bye-Laws vs. Statutory Law

8. “M”, a housing society member, sells a plot to “D”, a non-member.
• The society bye-laws prohibit such a transfer.
• M claims this restriction violates Section 10 of TPA.
Decide the legality of this transfer.

 Exceptions & Doctrines

9. Does TPA allow exceptions to the rule: “No person can transfer a better title than he has”?
• Justify with examples.
10. State the rule of transfer for the benefit of an unborn person with examples.

 Short Notes – Doctrinal Concepts

11. Write short notes on:

• (a) Tenancy at Will
• (b) Exchange
• (c) Transfer by Act of Parties
• (d) Restraint on Transfer (Section 10)
• (e) Doctrine of Holding Out
• (f) Lis Pendens
• (g) Onerous Gift
• (h) Determination of Lease
• (i) Redeem Up, Foreclose Down
• (j) Foreclosure
• (k) Mortgage by Conditional Sale
• (l) Subrogation

 Perpetuity & Interests

12. What is the Rule against Perpetuity (Section 14)?

• How does it impact future sale agreements?

13. Vesting postponed until an event happens—explain exceptions to this rule.
14. Explain the Rule against Double Possibilities.

• Can a valid transfer be made to an unborn person? What are the conditions?

15. Can a vested interest be created in favour of an unborn person?
16. Define and differentiate:

• (a) Vested Interest
• (b) Contingent Interest
• (c) Conditional Transfer

17. Difference between Condition Precedent and Condition Subsequent.

Advanced Doctrines

18. Doctrine of Cypres
19. Doctrine of Election and its exceptions
20. Explain: “No one can approbate and reprobate simultaneously”

 Ostensible Ownership & Estoppel

21. Who is an Ostensible Owner?

• When is the transfer by ostensible owner binding?

22. Explain Feeding the Grant by Estoppel

Lis Pendens & Execution Transfers

23. What is the doctrine of lis pendens?

• Is it applicable:
• (a) When a judgment debtor sells the property during execution?
• (b) Where transfer was based on pre-existing rights?

Fraud & Void Transfers

24. D satisfies debt of one creditor (C) by transferring all his property, leaving others (A & B) unpaid.

• Can A and B declare the transfer void?

25. Law relating to Fraudulent Transfers.

Doctrine of Part-Performance (Section 53-A)

26. What is the doctrine of part-performance incorporated in
Section 53-A of the T.P. Act?
27. State and explain, giving suitable illustrations.

Sale, Mortgage & Charge

28. Section 53-A of the Transfer of Property Act does not confer
“title”. It enables a person without title to defend his
“possession”.

29. Do you agree with the above statement? Give reasons for
your answer with the help of decided cases.

30. Define the expression ‘Sale’, ‘Mortgage’ and ‘Mortgager’.

31. Distinguish between sale and exchange

32. What is sale? How is it effected? Whether a contract for sale
itself create any interest in or charge on such property?

33. What is sale? Explain. Describe the rights and liabilities of a
seller.

34. What are the rights and liabilities of buyer and seller under
the Transfer of Property Act, 1882?

35. Explain the Doctrine ‘Once a mortgage always a mortgage’,
and what do you mean by ‘clog on equity of redemption’.

36. Types of Mortgages

37. Distinction: Mortgage vs. Charge

Mortgaged Property & Defenses

38. A mortgages property, B adds a second floor, A dies. Later, A’s son claims it belongs to a deity.

• What defences are available to B?

39. Mutual rights and liabilities of Mortgagor and Mortgagee

40. What is the meaning of right of redemption? Who can
exercise the right? Can the right be curtailed by a agreement
between the parties? Discuss.

41. What do you understand by ‘clog on redemption’? Answer
with illustrations. Does taking collateral benefit amount to clog
on redemption? Examine the Indian position.

42. Explain with the help of illustration the doctrines of
‘Marshalling’ and ‘Contribution’. In case there is a conflict
between these two then which doctrine shall prevail?
[RJS 1988]

43. Explain these doctrines with illustrations.

44. Define Subrogation

Gift – Essentials & Suspension

45. What are the formalities necessary for a valid gift by a Hindu,
a Mohammedan and a Christian?

46. Define ‘Gift. What are the essentials of a ‘valid gift? When
can a ‘gift’ be suspended or revoked? Discuss with the help of
decided cases.

47. Define Actionable Claim and discuss the mode under
Transfer of Property Act.

48. When may a gift be suspended or revoked? Can a Donor
revoke a gift made by him after delivery of the Deed but
before its Registration? Give reasons in support of your answer.

 Lease – Creation, Rights, Forfeiture

49. Explain what is DONATIO-MORTIS-CAUSA.

50. Discuss the law relating to forfeiture of Lease. How can
forfeiture be waived? What relief is provided by the Law
against forfeiture for non payment of rent? (B&JJS 1986)

51. immovable property can be leased? On what grounds lease
can be terminated?

52. What are the rights and liabilities of a lessor and a lessee?

54. Is a lease heritable?

55. Is delivery of possession mandatory in creating a lease?

56. The local authority of a city has developed a tourist spot in
the city where artisans from different parts of the country are
allowed from time to time, for six months, at a time to exhibit
and sell their wares. The artisans are allotted shops of different
sizes and are permitted to either remain in the said shops
during nights also or to lock the same for security of their
artifacts stored in the said shop. At the time of allotment the
artisans are made to sign a standard form agreement in which
the artisans are described as the licensee and the local
authority as the licensor. The artisans have to pay the monthly
charges besides common electricity and water charges for
use of the said shops for the period of their license and the said
charges are described as the licence fee. It is also a term of
the said standard form agreement that nothing shall construe
the said artisans as the tenants of the authority in the shops
allotted to them and that the control and possession of the said
shops shall be deemed to remain with the local authority. One
set of artisans who are allotted shops at the said spot, nearing
the completion of six months of their allotment, together
institute a suit against the authority contending that they are in
exclusive possession of their respective shops and were made
to sign Standard Form Agreements and which they were
compelled to sign for the reason of having no negotiating
power and having no other venue to exhibit or sell their wares
and that otherwise by virtue of payment of monthly charges,
electricity and water charges, they have become a tenant of the authority in their respective shops and for restraining the authority from forcibly dispossessing them from their respective shops and from allotting the said shops to any other person.They also apply under Order 39 Rules 1 and 2 for the same relief.Decide-the said application of the plaintiffs. (DJS 2008)

Important Case-Based Situation

Artisan License vs. Tenancy Dispute:
Local authority licenses artisans for 6 months to use shops. Agreement labels them as “licensees”, but artisans pay charges and claim tenancy rights.
They seek protection from dispossession.
• Decide their application under Order 39 Rules 1 & 2 CPC. (DJS 2008)

 

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