16. Under the section 91 of the Transfer of Property Act, 1882 maintenance of an illegitimate son in Hindu law is a personal right and this right:
(a) will support a suit for redemption
(b) will not support a suit for redemption
(c) is not a legal right
(d) none of the above.
Ans. a will support a suit for redemption
17. The right conferred by section 92 of the Transfer of Property Act, 1882, is called to right of acquiring the same subrogated and a person acquiring the same is said to be subrogated to the :
(a) right of mortgagee whose mortgage redeemed
(b) right of interest whose mortgage is redeemed
(c) right of mortgagee whose mortgage not redeemed
(d) right to accession
Ans. A right of mortgagee whose mortgage redeemed
18. Legal subrogation occur in following ways:
(1) a puisne mortgagee redeeming a prior mortgage.
(2) a co-mortgagor’s surety redeeming the mortgage.
(3) mortgagor’s surety redeeming.
(4) a purchaser of the equity of redemption redeeming a mortgage.
(a) only (1) and (2) are relevant only
(b) only (3) and (4) are relevant
(c) only (2) and (4) are relevant
(d) all are legal subrogations and all of (1), (2), (3) and (4) are relevant.
Ans. B only (3) and (4) are relevant
19. Where immovable property of one person is by the act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person:
(a) is not said to have a charge on the property
(b) is said to have a charge on the property
(c) is said to be a security
(d) none of the above.
Ans. b is said to have a charge on the property
20. 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.
Ans. A such property has been transferred for consideration and without notice of the charge
21. In a charge order the Transfer of Property Act, 1882, there is no transfer of an interest in the property but the creation of a right of payment out of property specified and as such it cannot be enforced against a bona fide purchaser for value. This was decided in case of :
(a) Radhe Lal v. Ladhi Prasad, AIR 1957 Punj 92
(b) Nagganna Naidu v. Jonathana Krishna Rangappa, AIR 1959 AP 622
(c) Chanduram v. Municipal Commissioner, AIR 1951 Cal 398
(d) none of the above.
Ans. A. Act of parties within the meaning of section 100
22. Two elements of charge are provided in section 100 of the Transfer of Property Act, 1882
(1) charges created by act of parties.
(2) charges arising by operation of law.
Hence, a compromise decree creating a charge is an:
(a) act of parties within the meaning of section 100
(b) is not an act of parties within the meaning of section 100
(c) is not substantial charge
(d) is a defective charge Within
Ans. (a) act of parties within the meaning of section 100
23. Within the meaning of section 100 of the Transfer of Property Act, 1882, a charge:
(a) requires attestation and proved in the same way as a mortgage ole
(b) requires attestation and does not prove as a mortgage
(c) does not require to be attested and proves in the same way as a mortgage
(d) does not prove as mortgage
Ans. c does not require to be attested and proves in the same way as a mortgage
24. A security within the meaning of section 101 of the Transfer of Property Act, 1882, may be extinguished by merger:
(a) by the merger of a lower in a higher security
(b) by the merger of a lessor estate in a greater estate
(c) by the merger of a lower in a higher security and by the merger of a lesser estate in a greater estate
(d) merger of a higher security.
Ans. A by the merger of a lower in a higher security
25. The High Court may make rules under the Transfer of Property Act, 1882, but such rules :
(a) prevail over the general terms of the Code of Civil Procedure, 1908
(b) does not prevail over the general terms of the Code of Civil Procedure Code, 1908
(c) prevails over the general terms of General Clauses Act, 1897
(d) does not prevail under the general terms of General Classes Act, 1897.
Ans. C Prevail over the general terms of the Code of civil procedure ,1908
26. Lease under section 105 of the Transfer of Property Act, 1882, pertains to
(a) a lease of immovable property
(b) a lease of movable property
(c) both immovable and movable property
(d) does not pertain to any particular property.
Ans. C both immovable and movable property
27. Which among the following statement is true to definitions under section 105 of the Transfer of Property Act, 1882
(a) price of lease is called the premium and the money, share, service are called rent
(b) price of lease is called rent and money, share and service are called premium
(c) price, money, share and service are called premium
(d) no statement is relevant.
Ans. A price of lease is called the premium and the money, share, service are called rent
28. The provisions of section 106 of the Transfer of Property Act, 1882, were substituted by the Transfer of Property (Amendment) Act, 2002. This provision came into force with effect from
(a) 31st December, 2002
(b) 1st July, 2002
(c) 30th October, 2002
(d) 2nd July, 2003. 216.
29. The Amendment of the Transfer of Property Act, 1882, in the year 2002 amended :
(a) section 100
(b) section 106
(c) section 108
(d) section 110
Ans. A section 100
30. The provisions of section 106 of the of Property Act, 1882, as Transfer amended in the year 2002 shall apply to:
(a) all notices in pursuance of which any suit or proceeding is pending at the commencement of the Amendment Act of 2002
(b) all notices which have been issued before the commencement of the Amendment Act, 2002 but where no suit or proceeding has been filed before such commencement
(c) both (a) and (b) are correct
(d) none of the above.
Ans.C Both (a) and (b) are correct