📘 10 MOST IMPORTANT MAINS Q&A – TPA (JUDICIAL LEVEL)

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🧾 Q1.

Explain “Transfer of Property” under Section 5. What are its essential elements?

✅ Answer:

Section 5 of the Transfer of Property Act defines transfer of property as an act by which a living person conveys property to one or more other living persons, or to himself and others.

🔹 Essentials:

1. Living persons (inter vivos transfer)
2. Conveyance of property
3. Present or future transfer possible
4. Includes companies, associations

🔹 Key Principle:

• Applies only to voluntary transfers, not by operation of law.

🔹 Case Law:

• Narandas Karsondas v. S.A. Kamtam
  👉 Ownership passes only on valid transfer, not mere agreement.

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🧾 Q2.

Discuss what property can and cannot be transferred under Section 6.

✅ Answer:

Section 6 provides that property of any kind may be transferred except those expressly prohibited.

🔹 Non-transferable property:

• Spes successionis
• Right to sue
• Public offices
• Maintenance rights
• Personal rights

🔹 Principle:

• Law prevents transfer of uncertain, personal, or public interest rights

🔹 Case:

• Lalit Mohan Ghosh v. Gopal Chandra Ghosh
  👉 Spes successionis is not transferable.

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🧾 Q3.

Explain the Doctrine of Election under Section 35 with illustration.

✅ Answer:

Doctrine of election means a person cannot accept and reject the same instrument.

🔹 Principle:

• One must either:
  • Accept benefit + burden
  • OR reject both

🔹 Illustration:

A transfers B’s property to C and gives benefit to B → B must choose.

🔹 Case:

• Cooper v. Cooper

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🧾 Q4.

Explain the Doctrine of Lis Pendens under Section 52.

✅ Answer:

Section 52 provides that during pendency of a suit, property cannot be transferred to affect rights of parties.

🔹 Essentials:

1. Suit pending
2. Competent court
3. Rights directly in question
4. Transfer affects outcome

🔹 Effect:

• Transfer is not void, but subject to decree

🔹 Case:

• Bellamy v. Sabine

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🧾 Q5.

Discuss Doctrine of Part Performance under Section 53A.

✅ Answer:

Protects transferee who has taken possession in part performance of contract.

🔹 Essentials:

• Written contract
• Consideration
• Possession taken
• Willingness to perform

🔹 Nature:

• Defensive right (shield, not sword)

🔹 Case:

• K.B. Saha & Sons v. Development Consultant Ltd.

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🧾 Q6.

Explain Sale under Section 54 and distinguish it from Agreement to Sell.

✅ Answer:

Sale is transfer of ownership for price.

🔹 Essentials:

• Ownership transfer
• Price paid/promised
• Registered instrument (₹100+)

🔹 Distinction:

🔹 Case:

• Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana
  👉 GPA/Agreement ≠ Sale

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🧾 Q7.

Explain different kinds of Mortgage under Section 58.

✅ Answer:

Mortgage = transfer of interest as security.

🔹 Types:

1. Simple mortgage
2. Mortgage by conditional sale
3. Usufructuary mortgage
4. English mortgage
5. Equitable mortgage

🔹 Key Principle:

• Ownership remains with mortgagor

🔹 Case:

• Kalyanpur Lime Works Ltd. v. State of Bihar

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🧾 Q8.

Discuss Lease under Section 105 and its essential elements.

✅ Answer:

Lease is transfer of right to enjoy property for time in exchange of rent.

🔹 Essentials:

• Lessor
• Lessee
• Rent
• Term

🔹 Nature:

• Creates interest in property but not ownership

🔹 Case:

• Associated Hotels of India Ltd. v. R.N. Kapoor
  👉 Lease vs License distinction

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🧾 Q9.

Explain Gift under Section 122 and its essentials.

✅ Answer:

Gift = voluntary transfer without consideration.

🔹 Essentials:

• Donor
• Donee
• Voluntary
• Acceptance
• During lifetime

🔹 Requirement:

• Registration (immovable property)

🔹 Case:

• Kalyan Singh v. Smt. Chhoti
  👉 Acceptance mandatory

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🧾 Q10.

Explain Doctrine of Feeding the Grant by Estoppel (Section 43).

✅ Answer:

If a person fraudulently or erroneously transfers property without title and later acquires title, the transferee can claim benefit.

🔹 Essentials:

• Representation of ownership
• Transfer for consideration
• Later acquisition of title

🔹 Effect:

• Transfer becomes valid at option of transferee

🔹 Case:

• Jumma Masjid v. Kodimaniandra Deviah

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🧠 FINAL REVISION (WRITE IN 30 SECONDS)

👉 Most asked topics:

• Sec 5, 6
• Sec 35 (Election)
• Sec 52 (Lis Pendens)
• Sec 53A (Part Performance)
• Sec 54 (Sale)
• Sec 58 (Mortgage)
• Sec 105 (Lease)
• Sec 122 (Gift)
• Sec 43 (Estoppel)