What is the principle of apportionment as outlined in Sections 36 and 37 of the Transfer of Property Act?

Apportionment by time involves dividing periodical income between the transferor and transferee on a ___ basis.

Day-to-day

True or False: According to Section 6 of the Transfer of Property Act, apportionment is applicable to both the transferor and the tenant.

False. Apportionment is applicable only between the transferor and transferee, without holding the tenant liable.

In cases where income does not accrue daily, how is the amount apportioned between the transferor and transferee?

The amount is apportioned based on the periodical payments due on specified payment days.

Fill in the blank: Section ___ of the Transfer of Property Act states that all interests, including rents and profits, are transferred from the transferor to the transferee.

8

What does Section 36 state about periodical payments in relation to the transfer of interest?

Section 36 states that periodical payments are deemed to accrue due from day to day and are apportionable upon the transfer of interest.

True or False: Under the Transfer of Property Act, any individual co-owner can demand a specific share of rent based on co-ownership rights.

False. No individual owner can demand a specific share of rent or eviction solely based on co-ownership rights.

Fill in the blank: Apportionment is the division of a common fund among several ___.

Claimants

What is the significance of Section 8 in relation to income accrual for the transferee?

Section 8 states that if income accrues daily, the transferee receives income daily from the date of transfer; otherwise, income is apportioned between the transferor and transferee.

What is the primary condition for apportionment by estate under Section 37 of the Transfer of Property Act?

The person obligated to fulfill the duty must have notice of it.

Apportionment by estate requires that the obligation must be of a ___ nature.

Severable

True or False: In apportionment by estate, the severance of the obligation should significantly increase the burden on any owner.

False. The severance of the obligation should not increase the burden significantly.

What is the difference between apportionment by estate and apportionment by time according to the Transfer of Property Act?

Apportionment by estate deals with the division of property and obligations among multiple owners, while apportionment by time deals with obligations over time.

True or False: A tenant who is unaware of separate payments to each owner is liable to pay only once.

True.

In the context of apportionment by estate, what must be true about the contract among owners for the obligation to differ from the standard rule?

There must be a contract to the contrary among the owners.

What principle does Section 48 of the Transfer of Property Act emphasize regarding competing equitable interests?

The principle of qui prior est tempore potior est jure, meaning he who is earlier in time is stronger in law.

Fill in the blank: A person who has already made a transfer cannot ___ from their grant.

Derogate

True or False: A subsequent transferee is protected under Section 48 of the Transfer of Property Act if they are unaware of a prior transfer.

False. The section does not offer protection to a subsequent transferee who is unaware of the prior transfer.

In the context of Section 48, what must a later transferee establish to postpone the priority of a prior transferee?

Informative circumstances like fraud, estoppel, or gross negligence.

Fill in the blank: The priority of the first transferee is only postponed if the later transferee can prove ___ or negligence.

Fraud

What does Section 48 state about the effectiveness of a mortgage deed in relation to prior transactions?

The mortgage deed becomes effective from the date of registration and takes precedence over a transfer that occurred between the execution and registration of the earlier transaction.

According to Section 48, in cases of successive transfers of the same property, the later transfer is subject to ___ transfer.

Prior