Test: Law of Property - 2 - CUET Humanities MCQ

As per Section 108(j) of the Act, the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease.
Therefore, option 4 is correct.

The Transfer of Property Act, 1882, which came into force on July 1, 1882, deals with the aspects of transfer of properties between living beings.' Transfer of property' means an act by which a person conveys the property to one or more persons, or himself and one or more other persons. The act of transfer may be done in the present or for the future.
Therefore, option 1 is correct.

As per the Copyright Act, 1957, the general rule is that copyright lasts for 60 years only.
In case of original literary, dramatic, musical and artistic works, 60-year period is calculated from the year of death of the author.

In case of gift, if the donor dies before acceptance, then the gift is void.
According to Section 122 of The Transfer of Property Act, 1882, Gift is the transfer of certain existing moveable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving it. If the donee dies before acceptance, the gift is void.

As per Section 5 of the Transfer of Property Act, 'transfer of property' means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.
Hence, the statement contained in option 4 is not correct. So, as per the question, option 4 is the correct answer.

Section 106(1) of the Transfer of Property Act states that in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.

'Gift' is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
Acceptance when to be made — Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void. Thus, Section 122 of the Transfer of Property Act, 1882 deals with gift inter-vivos, which means transaction of gift is always between living persons.

Section 124 of the Transfer of Property Act states that a gift comprising both existing and future properties is void as to the latter.
Thus, option 4 is correct.

The doctrine of lis pendens incorporated under Section 52 of the 1929 Act, means to say that during the pendency of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.

A trademark is a visual symbol in the form of a word, a device, or a label applied to articles of commerce with a view to indicate to the purchasing public that 'this good is manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufactured by other persons'. Thus, 'All of the above' is the correct answer option.

As per Section 35 of the Transfer of Property Act, 1882, "Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; and in the latter case he shall relinquish the benefit so conferred, and the benefit so relinquished shall revert to the transferor or his representative as if it had not been disposed of, subject nevertheless, where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee the amount or value of the property attempted to be transferred to him."
Therefore, in the given case, as the transfer was gratitous and A (transferor) died before election, the property reverted to A's representative and B is entitled to get Rs. 80,000 from A's representative. So, option 2 is correct.

Section 9 of the Transfer of Property Act deals with oral transfer. It states that a transfer of property may be made without writing in every case in which a writing is not expressly required by law.

According to Section 25 of the Transfer of Property Act, 1882, an interest created on a transfer of property and dependent upon a condition fails if the fulfillment of the condition is impossible. Hence, the lease is void.
Options (2), (3) and (4) are incorrect: The lease cannot be executed at all as conditional transfer is not enforceable under law.

The term 'sale' in the Transfer of Property Act, is defined under Section 54 as the transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

As per Section 3 of the Transfer of Property Act, 1882 an "immovable property" does not include standing timber, growing crops or grass.