Divine Institute for Judicial services


Mains Test Series
Transfer of property Act

Maximum Marks - 200
Time - 3 Hrs

  • Write a short note on:
    (a) Quic-quid plantatur solo solo cedit
    (b) Accelarated Interest
    (c) Doctrine of Cypres
    (d) Actionable Claims.      [4x5=20 marks]
  • Can a Power of Attorney be considered as a transfer under section 5. Transfer of Property Act?      [05 marks]
  • 'A' creates a gift of life interest in favour of 'B' on 10.03.2022. 'B' died on 10.10.2022 and by the same transaction Life Interest was created in favour of an unborn child who is born on 10.09.2022 and died on 11.09.2022. Discuss the validity of transfer with respect to 'B' and the unborn child.      [05 marks]
  • Discuss the equity of part performance?      [10 marks]
  • Elucidate the doctrine 'Qui prior est tempore potior est jure' along with the exceptions to it.      [10 marks]
  • Differentiate the following:
    (a) Charge and lien
    (b) Charge and Mortgage      [10 marks]
  • Explain the various types of Mortgages under the Transfer of Property Act, 1882 by referring to relevant provisions.      [10 marks]

  • Sale of Goods Act

  • (a) Elucidate the essentials of a contract of sale of goods.
    (b) Differentiate between:
    (i) Sale and Agreement to Sell
    (ii) Sale and Hire-Purchase Agreement      [5x2 =10 marks]
  • There was a contract for sale of seeds known as 'Common English Sainfoin'. However, the seeds supplied to the buyer were of a different quality. The defect also existed in the sample. The discrepancy in quality was discovered only after the seeds were sown. Decide whether the buyer can repudiate the contract on ground of breach of condition? Mention relevant provisions and case laws.      [10 marks]
  • Elaborate the maxim 'nemo dat quad non habet' along with its exceptions.      [10 marks]
  • A and B entered into a contract of sale of goods which were of perishable nature. The goods were to be shipped via sea route. The seller gave notice to the buyer to get goods insured, but the buyer did not do so. Subsequently, the goods got damaged in transit. Decide who shall bear the risk by explaining the nature of contract between the seller and the buyer?      [10 marks]
  • 'A' sells certain goods to 'B' and also undertakes to deliver them to B at Delhi. After reaching, seller finds out that buyer is not available at the destination. The buyer asks the seller to hold the goods till next day. At night, the seller gets knowledge about buyer's insolvency. Decide whether the seller can exercise his right to lien in such situation. Also mention the scope and termination of the right to lien.      [10 marks]
  • Write a short note on:
    (a) Whether human organs fall under the definition of 'goods'?
    (b) Auction Sale
    (c) Effect of exercising the right to re-sale by unpaid seller
    (d) Caveat venditor      [10 marks]

  • Registration Act

  • Do the following documents require compulsory registration:
    (i) Will
    (ii) Relinquishment deed
    (iii) Adoption Deed
    (iv) General Power of Attorney
    (v) Rule of Constructive Notice      [10 marks]
  • "A document containing the terms and conditions of a family arrangement and a memorandum prepared after a family arrangement for keeping record, have different legal effects". Discuss this statement briefly with reference to registration of documents citing case law.      [10 marks]
  • A document for sale of immovable property was executed by a widow, who sent her husband's brother for registration. Her husband's brother had no power of attorney to sell or present the said document for registration on behalf of the widow. What right is available to the vendee?      [10 marks]
  • Who can present a document for registration?      [10 marks]
  • Discuss the circumstances in which registration of a document can be refused by the registering Registering Authority. What is the remedy against an unjustified refusal      [10 marks]
  • What is the effect of non-registration of a document which requires compulsory registration under the Registration Act, 1908?      [10 marks]