Judiciary Mcqs Of The Day: Transfer Of Property

Q1. In which section of the transfer of property act is the acceleration doctrine included 

a)    Section 25 

b)    Section 26 

c)    Section 27 

d)    Section 28

Answer – section 27

Explanation - 

Property law's" acceleration doctrine" allows a future interest in property to vest before that of a antedating interest that fails or is prematurely terminated.

Section 27 of the Transfer of Property Act, 1882 this concept is defined 

Under this Section 27, the conditional transfer of interest is covered of the Transfer of Property Act, 1882. when a transfer of property is subject to a condition and the condition is not satisfied or becomes insolvent, the property interest intended to be transferred will take effect as if the condition had not been applied. 

This is the main idea behind the acceleration doctrine, which maintains that because the antedating condition cannot be met or is not fulfilled in any way, future interests are accelerated. It states that when a transfer of property is subject to a condition and the condition is not satisfied or becomes insolvent, the property interest intended to be transferred will take effect as if the condition had not been applied. This is the main idea behind the acceleration doctrine, which maintains that because the antedating condition cannot be met or is not fulfilled in any way, future interests are accelerated.

Q2. Whether a gift with condition not to transfer the gifted property is legal?

a)    Yes 

b)    No

c)    Yes, only with the permission of court 

d)    None of the above 

Answer - yes

Explanation – yes, a gift with a condition not to transfer the gifted property is generally legal only when the condition is lawful and does not violate any legal principles or public policy.

Like the conditions maintaining the property for a certain purpose not transferring it to any specific individuals, or keeping it within a family may be valid and enforceable. If such conditions restrict the fundamental rights in an unreasonable manner, then in order to determine their validity court may intervene.

Q3. ‘A’ transfers property to ‘B’ in trust for ‘C’ and directs ‘B’ to give possession of the property to ‘C’ when he attains the age of 25. C’s interest in the property is:

a)    Contingent

b)    Vested

c)    Neither contingent nor vested 

d)    Public interest

Answer- b) vested.

Explanation 

In this case, where 'A' transfers property to 'B' in trust for 'C' with the direction that 'B' should give possession of the property to 'C' when 'C' attains the age of 25, C's interest in the property is vested.

Where ‘C’ has a present right to the property he will become possessory by reaching the age of 25 (he simply needs to attain the age of 25 to receive the possession which is a certain event and no uncertain conditions to be fulfilled) stating the interest to be vested stating an interest is vested when there’s certainity to become possessory in future, only with the condition that the possession will occur in future.

Q4. What affection 8 another transfer of property act 1882 deal with 

a)    Transfer of vested interests

b)    Creation of vested interests

c)    Transfer of contingent interests

d)    Transfer of life interest

Answer – b) Creation of vested interests.

Explanation:

Section 19 of the Transfer of Property Act, 1882 deals with:

Creation of vested interests in the property

An interest, when generated when no period is specified or when no period is specified or a condition for a certain event to happen in favor of any person refers to a vested interest, unless the terms of the transfer clearly show otherwise

A vested interest remains valid or in function even if the person to receive dies before actually getting it. An intention that an interest shouldn’t be vested is not to be inferred simply because a provision delaying its enjoyment, granting a prior interest to someone else in the same property or income arising from the property is directed to be accumulated or specifying that an interest passes to another person, if a certain event occurs. 

Q5. According to section 11 what rights does the transferee have if there are specific directions regarding the application enjoyment of the interest created 

a)    The transferee must abide by the directions

b)    The transferee can ignore the directions and dispose of the interest as if there were no such direction 

c)    The transferee must seek permission from the transferor to dispose of the interest 

d)    The transferee must seek court intervention to enforce the directions

Answer - a) The transferee must abide by the directions.

Explanation:

Section 11 of the Transfer of Property Act defines that The transferee must abide by the directions, if there’s a specific direction recording the application or enjoyment of the interest created the person receiving the property must follow or abide by the directions, as these directions are binding upon the transferee and cannot be ignored or the interest to be dispose as there were no such directions without consequences.

Q6. What is meant by to transfer of property as per section 5

a)    To transfer ownership rights

b)    To transfer possession of the property 

c)    To perform an act of conveying property to one or more other living persons

d)    To execute a deed of transfer

Answer- c) To perform an act of conveying property to one or more other living persons.

Explanation:

Section 5 of the Transfer of Property Act defines "transfer of property”. It refers to an act when a living person conveys his property to one or more other living persons or to himself in present or in future or in any period of time. It not only transfer the ownership rights to the other living person but also transfers an interest in the property like the leasehold rights.

Q7. Section 41 of the transfer of property act, 1882 provides for?

a)    Burden of obligation imposing restriction on use of land

b)    Transfer by one co-owner

c)    Joint transfer for consideration 

d)    Transfer by ostensible owner

Answer – d) Transfer by ostensible owner.

Explanation:

Section 41 - Transfer by Ostensible Owner: 

Section 41 on other Transfer of property act 1882 deals with the Transfer of property by an ostensible owner 

Ostensible owner is a person who is not the actual owner of the property is given the appearance or the ostensible ownership by the real owner to deal with his property, can transfer the property to another person but in reality does not have the proper legal rights or authority. The transfer will be valid if the transferee has acted in good faith and after taking reasonable care to ascertain that the transferor had the authority to make the transfer. Under this section the rights of a transferee who takes the property from an ostensible owner is being protected.

Q8. Muhammad afzal v Ghulam kasim (1903) ILR 843 is a leading case on which of the following?

a)    Rule against perpetuity 

b)    Equity of redemption 

c)    Doctrine of election 

d)    Doctrine of holding over

Answer- c) Doctrine of election 

Explanation: 

Muhammad Afzal v. Ghulam Kasim (1903) ILR 843 is a landmark case that deals with the Doctrine of Election under property law.

Doctrine of Election: That doctrine of election requires a person to make a choice between two conflicting rights or benefits when dealing with property or legal matters this means that someone faced with two mutually exclusive choices related to the property or legal issue cannot have the benefit of both options they must decide one and stick to it.

Explanation of the Case: In Muhammad Afzal v. Ghulam Kasim, In this case the doctrine of election is relevant because it deals with the same situation when a person is required to choose between different options concerning property rights. The decision of the court in this case clarified how this doctrine applies under the Transfer of property act setting a law for similar legal dispute.

Q9. Which out of the following is not immovable property according to Transfer of Property Act, 1882?

a)    Land

b)    Benefit to arise out of land

c)    Things attached to earth

d)    Standing timber

Answer- d) Standing timber

Explanation:

According to Section 3 of the Transfer of Property Act, 1882, the term "immovable property" does not include standing timber, growing crops, or grass. 

Standing timber refers to those trees that are grown in have not been cut down it is not considered an immovable property under Transfer of property act because it can be severed from the land without causing any damaged to the land itself it is a movable property until it is chopped and becomes timber that can be used commercially.

Q10.  When does a person aquaria contingent interest in property according to section one of transfer of property act 1882? 

a)    When the interest is subject to a specified uncertain event

b)    When the interest takes effect immediately upon transfer 

c)    When the interest is transfer absolutely 

d)    When the transfer reserves a prior interest to another person

Answer- a) When the interest is subject to a specified uncertain event.

Explanation:

Section 6 of the Transfer of Property Act defines contingent interests as those where the enjoyment of the property is uncertain, and it depends upon the happening or non-happening of a specified uncertain event.

Such interest in property arises if the interest in property is contingent, it means that the right to property will be determined by the occurrence or non- occurrence of any future event that is uncertain at the time of transfer.