Property Law Question Answer Series 5: Important Questions for Exams | Part – V

Legal Bites presents Property Law Important Question-Answer Series. The questions listed here will help students study for various Competitive and University Exams. Candidates can use Legal Bites' list of questions to help them determine the most important and often asked questions and practice their aptitude and knowledge.

Answering questions is a continuous process that is an inevitable component of any test preparation, as we all know. A well-written response displays not just a candidate's knowledge but also his or her ability to tailor the content to the question's requirements.

It is vital to prepare for this exam to pass it thoroughly. To attain mastery over the subjects studied, applicants only need to keep practising these questions in the months coming up to the examinations. Following it, the candidate's confidence level, as well as their scores, will vastly improve.

Property Law Question Answer Series 5: Important Questions for Exams | Part – V

Question 1

Who is an Ostensible Owner? Is there any objective test to describe whether a person is an ostensible owner? Are there any considerations which must be taken into account while deciding whether a person is an ostensible owner or not? Explain with the help of proper illustrations, relevant statutory provisions and judicial decisions if any. [Punj JS 2019]

Question 2

A is a Chief Executive Officer in a  Multi-National Company situated at Chennai. There is a house in the name of his wife in Chennai. The company gives a house to A in the capacity of Chief Executive Officer and by the same deed gives the house of A's wife to B. The company has confidence that A's wife will reside with A in company's house. Is wife of A bound for election? [BJS 2018]

Question 3

Under what circumstances is a transfer by an ostensible owner of immovable property binding on the real owner? [UPJS 1983]

Question 4

Explain the doctrine of "Feeding the grant by estoppel" as recognized by the Transfer of Property Act. [BJS 1977, 1978, 1979, 1986, MPJS 2019]

Question 5

A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it. Land afterwards becomes the property of A and A seeks to set aside the sale on the ground that at the time of sale he had no title. Will he be allowed to prove his want of title? [DJS 1980, UPJS 1985]

Question 6

A husband entered his land in the revenue records in his wife's name and went on a pilgrimage. Before his departure, he had allowed her to mortgage the land. After his departure, she sold the land, and the buyer paid off the mortgage. On his return, the husband wished to recover the land or redeem the mortgage. Can he do so? [Punj JS 2006]

Question 7

At a partition of joint family property between two brothers A and B governed by the Mitakshara system, X is allotted to A; B however, sells X to C as though he is the full owner of the property. Subsequently A dies and B inherits and takes possession of it. C sues B for possession of that property. State the Doctrine. [BJS 1977]

Question 8

S mortgages two properties K and Kh to A. Subsequently S again mortgage the property K to D. In enforcement of his mortgages D brings the property K to sale and purchase it himself. Discuss the rights of A to realise his money from properties K and KH. [UPJS 1987]

Question 9

Define:

(a) Attestation

(b) Immovable property

(c) Mortage

(d) Sale

Question 10

What do you understand by the doctrine of 'feeding the grant by estoppel'? What is the impact of the doctrine on purchaser's rights against vendor's imperfect title? Refer to Statutory Provisions.  [HJS 1998]

Question 11

A property jointly owned by two brothers, A and B, is the subject of a legal dispute. Brother A decides to sell his undivided share of the property to an outsider, X, without consulting Brother B. After the sale, X demands partition of the property to claim his share. Brother B objects to the sale and the partition, arguing that the sale to X is invalid as he was not given the first right to purchase A's share. X, on the other hand, insists that he has a legal right to demand partition as per the Transfer of Property Act, 1882. Under Section 44 of the Transfer of Property Act. 1882, what legal implications will be there upon A's sale of his undivided share to X? What rights does X have as the transferee of an undivided share in the joint property? Whether R's objections to the sale and the partition are valid? What remedies are available to R to protect his interests in the property? Substantiate your answer by quoting the relevant legal. provisions and case laws. [OJS 2023]

Question 12

A, the owner of a piece of land, decides to sell his property to B. However, the sale is not genuine and is merely an ostensible sale intended to secure a loan that A owes to R. The sale deed is executed, and the property is transferred to B's name in public records. A continues to occupy the property, and both parties agree privately that A can reclaim the property upon repaying the loan. Later, B sold the property to C, who has no knowledge of the agreement between A and B. A, upon learning about the sale, demands the property back from C, claiming that the initial sale to B was only an ostensible sale and not intended to transfer actual ownership. Analyze the scenario in the light of the relevant provisions under the Transfer of Property Act, 1882, by citing the relevant case laws. [OJS 2023]

Question 13

The foundation of Doctrine of Election is that no one can approbate or reprobate at the same time. Explain. [OJS 2023]