1. Before the commencement of the Transfer of Property Act, 1882, the transfer of immovable properties in India governed by the
(a) principles of English law and equity were
(b) Indian Registration Act, 1908
(c) British State of Goods Act, 1880
(d) Indian Contract Act, 1872.
Ans.
2. The courts, before the enactment of the Transfer of Property Act, 1882, were forcing to according to their own notion and justice and fairplay,
(a) because judges were making own laws
(b) because of absence of any specific statutory provisions on the property matters
(c) because British Judges were confused with Indian property disputes
(d) because judges were educated in British property laws.
Ans.
3. Law Commission for the Transfer of Property matters England and the Draft Bill prepared by the Commission was introduced in Legislative Council in
(a) 1870
(b) 1875
(c) 1877
(d) 1882
Ans.
4. The Bill on Transfer of Property was referred to
(a) First Law Commission
(b) Second Law Commission
(c) Third Law Commission
(d) Fourth Law Commission.
5. The Transfer of Property Act was enacted in the year
(a) 1880
(b) 1882
(c) 1881
(d) 1883
Ans.
6. The word “fraud” is used in section 78 of the Transfer of Property Act is analogous with section 17 of the Indian Contract Act, 1872. Thus there is a duty on the mortgagee to disclose his lien at a court sale. The statement is:
(a) true
(b) false
(c) partly true
(d) none of the above.
Ans. (a) True
7. Section 81 of the Transfer of Property Act, 1882, applies for the mortgage of immovable property and not to the hypothecation of :
(a) immovable property
(b) movable property
(c) hirepurchase goods
(d) instalment payment
Ans. C hirepurchase goods
8. Where certain immovable property is mortgaged to a certain person and under the same document some cattle are hypothecated to him and the immovable property is again mortgaged to another person then:
(a) section 81 of the Transfer of Property Act, has no application
(b) section 81 of the Transfer of Property Act, can be applicable
(c) only (b) is correct
(d) none of the above.
Ans. C Only b is correct means only Section 81 of the Transfer of property Act, can be applicable.
9. The principle of marshalling applies only where there is a common debtor and not 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.
Ans. C section section 82 of the Transfer of Property Act, 1882.
10. Where the property subject to a mortgage belongs to two or more persons having distinct and separate rights to ownership therein, then the different shares in or parts of such property owned by such persons are:
(a) not liable to contribute retably to the debt secured by the mortgage
(b) liable to contribute retably to the debt secured by the mortgage
(c) liable to contribute interest part only
(d) none of the above.
Ans. A not liable to contribute retably to the debt secured by the mortgage
11. Where two properties belong to same owner, one property is mortgaged to secure one debt and both properties are mortgaged to secure another debt and the former debt is paid out of the former property, each property is:
(a) liable to contribute retably to the latter after deducting the amount of former debt from the value of property out of which it has been paid
(b) not liable to contribute retably to the latter after deducting amount of former debt
(c) debt liable to be deducted amount only
(d) none of the above.
12. 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.
Ans. C jointly liable to decree holder only
13. If the mortgagee buys a share in the equity of redemption but not a share in the property itself he has paid a higher price and the liability to discharge that share of the mortgage debt is on the mortgagor and not on him then:
(a) he cannot enforce the whole of the mortgage debt against the rest of the property
(b) he can enforce the whole of the mortgage debt again the rest of the property
(c ) he can enforce only a part of mortgage dept
(d) none of the above.
Ans. none of the above
14. When mortgagor or such other person has tendered or deposited in court under section 83 of the Transfer of Property Act, 1882, the amount remaining due on the mortgage interest on the principal money:
(a) shall cease from the date of tender
(b)shall not cease from the date of tender
(c) shall cease from the date of interest due
(d) none of the above.
Ans. b shall not cease from the date of tender
Besides the mortgagor, any erties belong to same perty is mortgaged to and both properties are cure another debt and the paid out of the former following persons may redeem or institute a suit for redemption of, the mortgaged property. These persons are:
(1) any person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same.
(2) any surety for the payment of the mortgage-debt or any part thereof.
(3) any creditor of the mortgagor who has in a suit for administration of his estate obtained mortgaged property.
(a) only (1) and (2) are correct
(b) only (2) and (3) are correct
(c) only (1) and (3) are correct
(d) all (1), (2) and (3) are correct.
Ans. a only (1) and (2) are correct
15. Within the meaning of section 91 of the e to decree holder only able to decree holder only. Transfer of Property Act, 1882, the word “mortgagor” means a mortgagor:
(a) who has a subsisting interest in the mortgage
(b) who has ex-interest in the mortgage
(c) who has not substantial interest in mortgage
(d) none of the above.
Ans. a who has a subsisting interest in the mortgage
