CA I Property Laws

Mr. R, a property owner, executed a will leaving his house to his daughter, Riya, upon her marriage. However, if Riya were to marry before the age of 25, the house would instead pass to his son, Rohan. Mr. R passed away, leaving the will in effect. Riya, at the age of 24, decided to marry, and shortly after, Mr. R's executor attempted to transfer the house to Rohan, per the terms of the will. However, Riya argued that she should inherit the house as she was the intended beneficiary.

Questions: In this case, what type of interest does Riya have in the property before her marriage?

• a) Contingent interest

• b) Vested interest

• c) Future interest

• d) Present interest

Under the Transfer of Property Act, 1882, vested interest is __________.

• a. Defeated by the death of the transferor

• b. Defeated by the death of the transferee

• c. neither A nor B

• d. either or both A and B

In a property transaction, A transfers a property to B for life, with the remainder to pass to C and D equally after B's death, or to the survivor of them. However, during the life of B, C passes away, leaving D as the sole surviving remainderman. At B's death, who is entitled to inherit the property?

• Only C, unless a contrary intention appears from the terms of the transfer

• Only D, unless a contrary intention appears from the terms of the transfer.

• Both C and D, with D taking C's share

• Neither C nor D, as the property reverts back to A.

In the case of Titugarh Papermill, the company acquired specialized machinery from a supplier to streamline its production processes. The machinery was meticulously installed and integrated into the factory floor, significantly enhancing the efficiency and output of the manufacturing plant. However, amidst financial turmoil, Titugarh Papermill defaulted on its loan obligations. The lender contested the nature of the machinery, arguing that it remained movable property subject to repossession. Conversely, Titugarh Papermill contended that the machinery had become an indivisible part of the immovable property due to its permanent fixation and essential role in the manufacturing operations.

Doctrine of Fixature: The doctrine of fixature embodies a complex legal principle determining the classification of property as movable or immovable based on various factors including the mode and purpose of attachment, parties' intentions, and the extent of integration into the immovable property.

Question: Considering the intricate circumstances of the Titugarh Papermill case and the doctrine of fixture, which factor primarily influences the classification of the machinery as movable or immovable property?

• The initial mode of installation and attachment of the machinery

• The financial status of Titugarh Papermill and its default on loan payments

• The extent to which the machinery enhances the efficiency of the manufacturing plant.

• The intention of the parties regarding the permanency of the machinery's installation

Condition restraining partial alienation is?

• Void

• Partially void

• Depends upon transferee

• Valid

Where interest on transfer of property is created in favour of members only of a class as shall attain a particular age:

• a. No such provision is made under the Act.

• b. Such interest vests in any member irrespective of class who has not attained that age.

• c. Such interest does not vest in any member of the class who has not attained that age.

• None of the above

Mrs. Sharma, expecting her first child, decided to transfer her property to her unborn child. She executed a deed of transfer in favor of the unborn child as per Section 13 of the Transfer of Property Act. Unfortunately, Mrs. Sharma passed away before the child was born. In such a scenario, what is the legal status of the transfer?

• The transfer is void ab initio.

• The transfer is valid, and the property vests in the child upon birth.

• The transfer becomes void and by all chance property will be transferred to heirs of Mr. Sharma.

• The transfer is valid, but the property remains in the possession of the executor until the child attains majority.

A transfers property to B in 1940 which is with the direction that the income arising out of property is to be accumulated till 1970. i.e. for 30 years. A dies in 1965.

As per the general rule under Section 17 regarding direction for accumulation. Till when the direction given by A will remain in effect?

• 1958

• 1970

• 1965

• A cannot give such directions under Transfer of Property Act, 1882.

Which of the following statements is true regarding definitions given under the Transfer of Property Act, 1882?

• Term ‘instrument’ means both testamentary and non- testamentary instrument

• Term ‘actionable claims’ include debt secured by mortgage on the residential house

• The term ‘attached to earth’ will not means trees and shrubs

• The term ‘attested’ means attested by two or more witness

Transfer of Spes Succession is:

• Valid

• Void

• Voidable

• Either A or B