Roll No. 2021 VI-SEM-BBA.,LL.B-PL-6.
4
MAY
BIRLA GLOBAL UNIVERSITY
Sixth SEMESTER BBA.,LL.B(HONS) EXAMINATION
SUB – PROPERTY LAW
PAPER CODE- BBALH-6.4
(Answer All Questions)
TIME- 21/2 HOURS FULL MARKS – 50
Section-A
1. Answer any five questions. [2 X 5]
a. Who is an ostensible owner?
b. Write a note on Fraudulent transfer
c. Define sale. Distinguish it with contract for sale.
d. Define Exchange
e. What is a suit for foreclosure?
f. Explain Fedding of Grant by Esstoppel?
g. Distinguish between Mortgage and lease
h. „X‟ sells his house to „Y‟ with a condition that „Y‟ should not alienate it without the
consent of „X‟. Is this condition valid ?
Section-B
Answer all questions [8 X 5]
2. Distinguish between a lease and a licence and decide whether the following would constitute a
lease or a licence. A grants a right to B to use the roof of his house for putting an advertisement
hoarding. The use of the roof could not be changed at the discretion of B, but could be done
after consultation with A. It was also provided that should A or B die, the agreement would
continue and the right would be inherited by B‟s descendants.
OR
Discuss the essentials of lease and state how leases are made. A lets a house to B for 5 years. B
underlets the house to C at a Monthly rent of Rs.1000. The 5 years expire, but C continues in
possession of the house and C tenders rent to A. A accepts the rent. What is the effect of
acceptance of rent upon A and C? Decide.
3. Explain the doctrine of lis pendens. A takes a loan from B and as security mortgaged his land
in favour of B. A failed to repay the loan within the stipulated time. B filed a suit for foreclosure
of the mortgage. During the pendency of this suit, A sells the land to C by a registered deed. The
court decreed the suit in favour of B. B wants to execute the decree. Decide.
OR
3.1 What is the method prescribed under the Transfer of Property Act for the transfer of
property for the benefit of a person not yet in existence?
3.2 A transfers his house to B for life then to C for life and after C‟s death to such of his sons as
shall first attain the age of 21 years and in the absence of his sons to X absolutely, C dies
issueless and X claims the property. Would he be successful? Decide.
4. Write short notes on any two of the following:
(i) Essentials of a valid gift under the TPA
(ii) Distinction between vested and contingent interest.
OR
Explain the doctrine of election. State the difference between Indian doctrine of election and
English doctrine of Election.
5. Discuss different kinds of mortgages. State the differences between „mortgage by conditional
sale‟ and „English mortgage‟
OR
“Property of any kind can be transferred but there are certain exceptions to this rule. One such
exception is that specs successions cannot be transferred”. Elaborate this statement with the help
of illustrations. A, a Hindu who has separated from his father B, sells to C three plots of land
being Nos. 1,2 and 3. Of these plot No 2 does not belong to A, it having been retained by Bon
the partition, but on B„s dying, A as heir obtains plot No. 2. At that time Chad not yet rescinded
the contract. Discuss the rights of C and A.
6. Define immovable property. Describe what tests one would apply to determine whether a
property is or is not an immovable property. Discuss whether the following are movable or
immovable properties:
(a) a ceiling fan fixed by a tenant.
(b) an air-conditioner installed by nuts and bolts by the owner.
(c) a right to graze cattle over the land for one year.
(d) A right to catch fish in a lake for 5 years
OR
6.1 Discuss the property which kind cannot be transferred under Transfer of Property Act.
6.2 „A‟ transferred his property in 1955 to „B‟ for life, then to his daughter „D‟ for life and then to
B‟s such daughter, „BD‟ who should first attain the age of 16 years. In case „B‟ is not blessed with
the daughter, the property would go absolutely to B‟s unborn son „BS‟. „B‟ was blessed only with
a son and had no daughter. „BS‟ laid claim over the property. Will be succeed? Discuss, citing
relevant case Law.
