End Semester Examination Model Question Paper 2011 -12

End Semester Examination Model Question Paper 2011-12
Semester:5th
Subject :Property Law

Time Allowed :Three Hours] [Maximum Marks :50

Note :Attempt All questions.Question No.1 is compulsory and answer to each part of this question should not exceed 100 words.Answer to question no 2 to 5 should not exceed 750 words each.
*********************************************************************************
1. (a)Explain the circumstance when gross negligence amounts to notice .
(b)Documents which are required to be Attested and
What are the effects of non attestation?
(c)Provisions of S.53-A do not cure the title of transferee .
(d)Is claim of Muslim wife for dower is an actionable claim.?
(e)Direction for Accumulation.

2. Explain the principles on which doctrine of election is based .Dicuss the conditions for application of Section 35 T.P.A. and remedies available to a disappointed transferee .
OR
Discuss the circumstances where knowledge of certain facts are presumed by courts as known to the party.

3.Explain the nature of contingent interest .whether it is transferable and heritable ?Discuss the nature of interest in the following examples .’A’ transfers Rs .2 Lac to ‘B’ upon attaining the age of 18 years and also provides that 25% of interest of 2 Lac may be applied for this maintenance till he reaches that age .

OR

What do you mean by spes- successions ?How it is different from contingent interest ?Discuss .

4. Who is an ostensible owner ?Discuss the circumstance when as ostensible owner can pass a better title to the transferee ?How far prohibition of Benami Transaction Act 1988 has affected the provisions of section 41 of the T.P.A .? Explain.

OR

”Law favors vesting of estates and disfavors its divesting “.
Explain the above statement
5.”A fraudulent transfer is voidable at the option of Creditor defeated or delayed .However ,it does not affect the right of transferee in good faith and for consideration “

OR

No direct transfer is permissible in favor of a person ,not in existence of the date of transfer .Explain with help of decided cases about the quantum of interest can be create in their favor .