Practice Multiple Choice Questions on Transfer of Property Act
Preparing for CLAT PG? Practice Multiple Choice Questions on the Transfer of Property Act and test your preparation now!
QUESTIONS
Question 1: Which of the following is not considered an immovable property under the Transfer of Property Act?
- Land
- Machinery permanently fixed to land
- Growing crops
- A factory building
Correct Answer: 3. Growing crops
Explanation: According to Section 3 of the Transfer of Property Act, immovable property does not include standing timber, growing crops, or grass. These are considered movable properties.
Question 2: What is the minimum duration required to constitute an actionable claim?
- 3 months
- 6 months
- No specific duration is required
- 12 months
Correct Answer: 3. No specific duration is required
Explanation: An actionable claim is a claim to any debt or beneficial interest not in possession and can exist irrespective of duration.
Question 3: In the absence of a written agreement, which type of transfer is void under the Transfer of Property Act?
- Sale of immovable property
- Mortgage by simple mortgage
- Lease exceeding one year
- All of the above
Correct Answer: 4. All of the above
Explanation: Section 54 requires sales of immovable property worth ₹100 or more to be through a registered document. Similarly, Sections 59 and 107 mandate registration for mortgages and leases exceeding one year.
Question 4: Which of the following is not a mode of transfer under the Transfer of Property Act?
- Exchange
- Sale
- Gift
- Partition
Correct Answer: 4. Partition
Explanation: Partition is governed by the law of succession or family law and is not a transfer as per the Transfer of Property Act.
Question 5: Under Section 6 of the Transfer of Property Act, which of the following properties cannot be transferred?
- A future property
- A debt due
- Public office
- Agricultural land
Correct Answer: 3. Public office
Explanation: Section 6 specifies that public offices and their associated emoluments cannot be transferred.
Question 6: Which of the following statements about a gift under the Transfer of Property Act is true?
- A gift requires consideration.
- A gift must be in writing and registered.
- A gift can only be for immovable property.
- A gift can be revoked unilaterally.
Correct Answer: 2. A gift must be in writing and registered.
Explanation: Section 123 requires gifts of immovable property to be executed through a written and registered instrument.
Question 7: A lease of immovable property for agricultural or manufacturing purposes can be created for a maximum period of:
- 5 years
- 15 years
- 99 years
- No limit, subject to registration
Correct Answer: 4. No limit, subject to registration
Explanation: The Transfer of Property Act does not limit the duration of agricultural leases, but leases exceeding one year require registration (Section 107).
Question 8: Which section of the Transfer of Property Act deals with “Doctrine of Lis Pendens”?
- Section 53
- Section 52
- Section 50
- Section 60
Correct Answer: 2. Section 52
Explanation: Lis pendens means “litigation pending” and prevents the transfer of property under dispute.
Question 9: Which of the following mortgages involves delivery of possession of the property?
- Simple mortgage
- Usufructuary mortgage
- English mortgage
- Mortgage by deposit of title deeds
Correct Answer: 2. Usufructuary mortgage
Explanation: Section 58(d) defines a usufructuary mortgage as one where possession is delivered to the mortgagee.
Question 10: The phrase “equity of redemption” is associated with which kind of property transfer?
- Sale
- Lease
- Mortgage
- Exchange
Correct Answer: 3. Mortgage
Explanation: Equity of redemption refers to the mortgagor’s right to reclaim property after repayment of the debt.
Question 11: Which type of transfer is described in Section 118 of the Transfer of Property Act?
- Gift
- Lease
- Exchange
- Mortgage
Correct Answer: 3. Exchange
Explanation: Section 118 defines exchange as the mutual transfer of ownership between two parties.
Question 12: What is the maximum period of perpetuity permitted under the Transfer of Property Act?
- 5 years
- 18 years
- 21 years
- No perpetuity is allowed
Correct Answer: 3. 21 years
Explanation: Section 14 prohibits transfers that create an interest taking effect after a perpetuity period of 21 years.
Question 13: Which section governs the transfer of property by an ostensible owner?
- Section 40
- Section 41
- Section 43
- Section 45
Correct Answer: 2. Section 41
Explanation: Section 41 allows an ostensible owner to transfer property if the transferee acts in good faith and without negligence.
Question 14: Which of the following is not a necessary condition for a valid sale of immovable property?
- Agreement between parties
- Payment of consideration
- Registration of the sale deed
- Delivery of possession
Correct Answer: 4. Delivery of possession
Explanation: Delivery of possession is not mandatory; transfer of ownership is complete upon registration (Section 54).
Question 15: The doctrine of part performance is provided under which section?
- Section 45
- Section 53A
- Section 54
- Section 55
Correct Answer: 2. Section 53A
Explanation: Section 53A protects transferees who take possession under an agreement to transfer even if the transfer is not registered.
Question 16: A transfer of property for the benefit of an unborn person must satisfy which condition?
- Absolute interest must be transferred.
- Property must vest in the living person first.
- Both (1) and (2).
- None of the above.
Correct Answer: 3. Both (1) and (2).
Explanation: As per Section 13, interest must vest in a living person first, and the unborn person must receive absolute interest.
Question 17: Which of the following is not a valid mortgage?
- Simple mortgage
- Usufructuary mortgage
- Conditional mortgage
- Anomalous mortgage
Correct Answer: 3. Conditional mortgage
Explanation: The term “conditional mortgage” is not used in the Act. Mortgages are categorized under Section 58.
Question 18: Which type of transfer involves delivery of possession to complete the transfer?
- Sale
- Lease
- Gift of movable property
- Mortgage by title deed
Correct Answer: 3. Gift of movable property
Explanation: For movable property, physical delivery is required under Section 123 if no written instrument exists.
Question 19: What is the limitation period for redemption of a mortgage under the Limitation Act?
- 12 years
- 15 years
- 30 years
- 60 years
Correct Answer: 3. 30 years
Explanation: Mortgages can be redeemed within 30 years from the date of execution under the Limitation Act.
Question 20: The principle “nemo dat quod non habet” is directly applied in which situation under the Transfer of Property Act?
- Fraudulent transfer
- Transfer by unauthorized agent
- Transfer by ostensible owner
- Both (1) and (2)
Correct Answer: 4. Both (1) and (2)
Explanation: This principle means one cannot transfer a better title than they possess, applicable to fraudulent transfers and unauthorized agents.
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Ruchika Mohapatra
Contributing author
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