CS- EXECUTIVE ECONOMIC AND COMMERCIAL LAWS Chapter- Law relating to Transfer of Property Choose the most appropriate answer from the given options in respect of the following: 1. The Transfer of Property Act, 1882 applies to- (a) Movable Property (b) Immovable Property (c) Both (a) and (b) (d) Only to testamentary dealings. 2. I do acknowledge myself to be indebted to Bhupesh in Rs.1,000 to be paid on demand for value received, is a- (a) Bond (b) Security (c) Promissory note (d) Agreement 3. The right to alienate the mortgaged property without intervention of the court is available to the mortgagee in the case- (a) Where the mortgagee is government (b) Where there is English mortgage (c) Where there is mortgage by conditional sale (d) Under both (a) and (b) 4. In the transfer of property with condition, the condition is void and transfer is valid- (a) Where transfer is made with void condition (b) Where transfer is made with the condition restraining absolutely future transfer of such property (c) Where transfer is made absolute with the condition restraining enjoyment of such property (d) Both (b) and (c) 5. Under the Transfer of Property Act, 1882, the transfer of property may be made- (a) Orally (b) By written document (c) By written document with its registration (d) By delivery of property except where transfer is required to be in writing under the law.
6. The right to foreclosure is available to the mortgagee when it is- (a) English mortgage (b) Simple mortgage (c) Mortgage by conditional sale (d) Usufructuary mortgage 7. The income of transferred property may be accumulated for an unlimited time where the property is transferred with condition- (a) For the payment of debts taken by the transferor (b) For the maintenance of the property itself (c) For the maintenance of the descendants of the transferor generation after generation (d) All of the above 8. Where possession of the property is to be given to the mortgagee, the mortgage is called- (a) Usufructuary mortgage (b) Simple mortgage (c) Anomalous mortgage (d) None of the above 9. As per the transfer of Property Act,1882, a person is an ostensible owner of an immovable property where he becomes interested therein by- (a) Express consent (b) Implied consent (c) Either (a) or (b) (d) Both (a) and (b) 10. The mortgage has the right to sell out the mortgaged property without intervention of the court in the- (a) English mortgage (b) Usufructuary mortgage (c) Mortgage by conditional sale (d) Simple mortgage 11. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be- (a) Voidable (b) Not voidable (c) Void (d) Illegal
12. Immovable property under the law relating to transfer of property includes- (a) Growing trees (b) Growing crops (c) Both (a) and (b) (d) None of the above Re-write the following sentences after filling up the blank spaces with appropriate word(s)/figure(s): 1. Attestation is valid and complete when two witnesses sign the instrument. 2. The provision regarding use of adhesive stamps are given are given under section 11 of the Indian stamp Act, 1899. 3. Actionable claims are claims to unsecured debts. State, with reasons in brief, whether the following statement are correct or incorrect: 1. The right to collect rents of immovable property has been recognized as immovable property. Correct: As per the definition given in the Transfer of Property Act, 1882, the General Clauses Act, and the Registration Act, 1908. 2. The doctrine of part-performance is applicable only where the transferee has taken possession of the immovable property. Incorrect: All the ingredients of Section 53A of the Transfer of Property Act, 1882 should be present. 3. A mere right to sue can be transferred False: As per Section 6 (e) of the Transfer of Property Act. 4. All documents produced for the inspection for the inspection of the court are known as documentary evidence. True: As per Section 3 of the Indian Evidence Act. 5. Actionable claim as defined in the Transfer of Property Act, 1882 is a property and transferable. True: As per the definition of section 3 of the Transfer of Property Act, 1882, actionable claim includes all kinds of unsecured debts and beneficial interest in movable property which is not in the possession of claimant. Actionable claim can be transferred by execution of an instrument in writing signed by the transferor or his duly authorized agent.
LAW RELATING TO STAMPS Re-write the following sentences after filling-up the blank spaces with appropriate word(s)/figure(s); 1. An instrument chargeable with duty executed out of India may be stamped within three month(s) after it has been first received in India. 2. Alam owes Balu Rs.1,000. Alam sells a property to Balu, the consideration being Rs.500 and the release of the previous debt of Rs. 1,000. Stamp duty will be payable on Rs.1,500. 3. Only the principal instrument shall be chargeable under section 4 of the Indian Stamp Act, 1899 with the duty prescribed for the conveyance, mortgage or settlement and each of other instruments shall be chargeable with the duty of Rs.One. State, with the reasons in brief, whether the following statement are true or false : (1) An instrument not duly stamped can be accepted in evidence by an arbitral tribunal. True: An instrument not duly stamped can be accepted in evidence by an arbitral tribunal, but only after having paid the requisite penalty. (2) Ram sells the property to Shyam for Rs. 10,00,000 which is subject to mortgage to Mohan for Rs. 20,00,000 and unpaid interest of Rs. 4,00,000. Stamp duty is payable on Rs. 34,00,000. (3) A collector is not authorized to impound the instrument or to impose any penalty if he comes to the conclusion that the instrument is not sufficiently stamped.
Write the most appropriate answer from the given options in respect of the following: (1) An instrument in writing containing an unconditional order signed by the maker is called- (a) Cheque (b) Bill of exchange (c) I.O.U (d) Promissory note. (2) The duty of the Collector under section 31 of the Indian Stamp Act, 1899, is only to determine the Stamp duty payable upon the instrument where he concludes that the instrument is not sufficiently stamped. He is not authorized to- (a) Impound the instrument (b) Impose any penalty (c) Both (a) and (b) (d) Either (a) or (b)
LAW RELATING TO REGISTRATION OF DOCUMENTS Write the most appropriate answer from the given options in respect of the following: (1) As per the Registration Act, 1908 a testator may deposit with any Registrar his will in sealed cover with the name of the testator- (a) Personally (b) Through the agent (c) Through any person (d) Either (a) or (b) (2) The constitution of India was enacted on- (a) 26 th November, 1949 (b) 26 th January, 1950 (c) 28 th January, 1950 (d) None of the above (3) The Preamble of the Constitution- (a) Is part of the Constitution (b) Can be used for interpreting the Constitution (c) Both (a) and (b) (d) None of the above Re-write the following sentences after filling-in the blank spaces with appropriate word(s)/figure(s): (1) A document executed outside India is not valid unless it is Registered in India. (2) A document executed by several persons at different times may be presented for Registration and re-registration within four months from the date of each execution.
State, with the reasons in brief, whether the following statement are correct or incorrect: (1) A document executed by several persons at different times may be presented for registration and re-registration within six months from the date of execution. Incorrect: As per sections 24 of the Registration Act, 1908, in case there are several executants, operating at various times to execute a document, the document can be presented for registration and reregistration within 4 months from the date of each execution. (2) Anubhav sells a property to Balwant for Rs. 5 lakh which is subject to mortgage to Charu for Rs.10 lakh and unpaid interest of Rs. 2 lakh. Stamp duty is payable on Rs.17 lakhs. Correct: As per section 24 of the Registration Act, 1908.
Additional Inputs - LAW RELATING TO INFORMATION TECHNOLOGY Re-write the following sentences after filling-in the blank spaces with the appropriate word(s)/figure(s): (1) Adjudicating Authority under section 43 of the Information Technology Act, 2000 can impose damages by way of compensation an amount not exceeding Rs.1 crore. (2) Cyber Appellate Tribunal is to be presided over by a person who is or has been qualified to be a Judge of a High Court. (3) Whoever commits hacking shall be punished with Imprisonment upto three years or fine which may extend to Rs. 2 lakh or with both. (4) Digital signature is recognized as a valid method of Authentication of an instrument. (5) Verification of the electronic record is done by the use of a Public key of the subscriber under section 3(3) of the Information Technology Act, 2000.