Transfer Of Property Act Law 100 GK MCQ SET:-1

Q41. Sections 48, 78 and 79 of the Transfer of Property Act provide the example of which of the following maxims ?

(A) Where equities are equal, the first in time shall prevail
(B) Equity delights in equality
(C) He who seeks equity must do equity
(D) Equity follows the law

Answer: Where equities are equal, the first in time shall prevail

Q42. Rule against perpetuity will not be applicable in

(A) Perpetual transfer for gift
(B) Personal contracts
(C) Vested interest
(D) All of the above

Answer: All of the above

Q43. The transfer of right to enjoyment of property for certain time is in consideration of price paid or promised to pay is called:

(A) Mortgage
(B) Lease
(C) Sale
(D) None of these

Answer: Lease

Q44. Which of the following statements is true ?

To claim the benefit of part performance

(A) The contract need not be in writing
(B) The contract should be registered
(C) The transferee should not have taken possession of the property
(D) The transferee should not have performed his part of the contract

Answer: The contract should be registered

Q45. Transfer of immovable property by way of gift requires

(A) Registered instrument signed by or on behalf of donor
(B) Attestation by at least two witnesses
(C) Delivery of the property
(D) Both A and B

Answer: Both A and B

Q46. Where the mortgagor delivers, possession of the mortgaged property to the mortgagee authorizing him to retain such possession until payment of the mortgagee money and to receive the rent and profits accruing therefrom. Such a mortgage is called:

(A) Usufructuary mortgage
(B) Simple mortgage
(C) Anomalous mortgage
(D) English mortgage

Answer: Usufructuary mortgage

Q47. Who amongst the following groups of jurists are the chief exponents of the ‘Declaratory Theory’ of Recognition ?

(A) Hall, Brierley, Fisher and Pitt Corbett
(B) Hegel, Anzilotti and Oppenheim
(C) Hart, Austin and Bentham
(D) Fenwick, Kelsen, Fuller and G. Schwarzenberger

Answer: Hall, Brierley, Fisher and Pitt Corbett

Q48. Which of the following are “immovable property” under the Transfer of Property Act ?

Select the correct answer by using the below:

1. The equity of redemption

2. A hut

3. Mortgage debt

4. Right to recover maintenance allowance charged on immovable property

(A) 1 and 2
(B) 1, 2 and 3
(C) 1 and 4
(D) 2 only

Answer: 1, 2 and 3

Q49. 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

Answer: Jointly and severally liable to the decree holder

Q50. A transfer cannot be made directly to an unborn person. The statement is:

(A) True
(B) False
(C) Depends on the will of the transferor
(D) The Transfer of Property Act does not provide for it

Answer: True