TPA Preliminary (Sec 1 - 4) MCQ Quiz - Objective Question with Answer for TPA Preliminary (Sec 1 - 4) - Download Free PDF

The correct answer is None of the above

Key Points

• Easement is a right to use another person's land for a specific purpose (e.g., right of way, right to light). As per Section 6(d) of the Transfer of Property Act, 1882, "An easement cannot be transferred apart from the dominant heritage."
• A mere right to sue is a personal right to take legal action (e.g., to claim damages for breach of contract or tort). Under Section 6(e) of the Transfer of Property Act, "A mere right to sue cannot be transferred."
• A public office (such as a judge, collector, or police officer) is a position of public trust and duty. According to Section 6(b) of the Transfer of Property Act, "A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable."

The correct answer is 'Instrument means a non-testamentary instrument'

Key Points

• Transfer of Property Act:
  • The Transfer of Property Act, 1882, is an Indian legislation that regulates the transfer of property in India.
  • It provides for the transfer of property by various means, including sale, mortgage, lease, and exchange.
  • Section 3 of the Act defines the term 'instrument' as a non-testamentary instrument, which means a written document that is not a will.

Additional Information

• Testamentary instrument:
  • A testamentary instrument is a legal document, such as a will, that takes effect upon the death of the person making it.
  • Since the Transfer of Property Act specifically defines an 'instrument' as non-testamentary, testamentary instruments are not included under this definition.
• Both testamentary and non-testamentary instrument:
  • This option is incorrect because the Act explicitly distinguishes between testamentary and non-testamentary instruments, and only includes the latter in its definition.
• None of the above:
  • This option is incorrect as it disregards the specific definition provided in the Transfer of Property Act.

The correct answer is '1882'.

Key Points

• The Transfer of Property Act:
  • The Transfer of Property Act was enacted in India in the year 1882.
  • This Act provides general principles regarding the transfer of property in India and applies to the transfer of property by act of parties, i.e., through deeds and other documents.
  • The Act defines various terms related to property transfer and lays down the rules regarding the transfer of both movable and immovable property.
  • It is significant because it codifies the rules and principles related to property transfer, thereby bringing clarity and uniformity to property transactions.

Additional Information

• Option 1: 1880
  • The year 1880 is incorrect as the Transfer of Property Act was not enacted during this year.
• Option 2: 1881
  • The year 1881 is also incorrect. The Transfer of Property Act was enacted after this year.
• Option 4: None of the above
  • This option is incorrect because the correct year is 1882, which is listed among the provided options.

The correct answer is Option 4

Key PointsAccording to the Transfer of Property Act, 1882, the definition of immovable property explicitly excludes certain items, namely:

• Standing timber
• Growing crops
• Grass

Furthermore, the General Clauses Act, 1897 and Section 2(6) of the Registration Act, 1908 clarify that immovable property generally refers to land and things permanently affixed to the earth. These statutory definitions exclude the items listed above.

Thus, under the Transfer of Property Act, none of the options provided (grass, standing timber, growing crops) are included in the definition of immovable property.

The correct answer is 2.

Key PointsAs per Section 2 of the Transfer of Property Act, 1882.'Attested' in relation to an instrument means shall be deemed always to have meant

• attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or
• has seen some other person sign the instrument in the presence and by the direction of the executant, or
• has received from the executant a personalacknowledgement of his signature or mark, or
• of the signature of such other person, and
• each of whom has signed the instrument in the presence of the executant;
• but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and
• no particular form of attestation shall be necessary:
• Attested by two or more witnesses.
  • This is a valid statement as it is a common requirement for attestation to have multiple witnesses. Hence statement i is correct.
• Each of the witnesses has seen the executant sign or affix his mark to the instrument.
  • This ensures the authenticity of the signature or mark. Hence statement ii is correct.
• Each of the witnesses has signed the instrument in the presence of the executant.
  • This adds an additional layer of verification. Hence statement iii is correct.
• More than one of such witnesses shall have been present at the same time.
  • This is not always a necessary condition for attestation. Hence statement iv is incorrect.

Additional Information

• For an instrument to be considered as properly attested, the presence of multiple witnesses and their signing in the presence of the executant are essential conditions.
• However, the requirement for more than one witness to be present at the same time is not a standard legal necessity.

The correct answer is when he actually knows the fact.

Key PointsUnder Section 3 of the Transfer of Property Act, 1882 a person is said to have notice of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it.

The correct answer is attested by two or more witnesses.

Key Points   

• The term "attested" is defined under section 3 of the Transfer of Property Act, 1882.
• attested means that a document has been signed by two or more witnesses who have seen the person signing the document (executant) do so.
• The witnesses must also sign the document themselves in the presence of the executant.
• It is not necessary for all witnesses to be present at the same time, and there is no specific format required for the attestation.

Here are some key points to remember about attestation under the Transfer of Property Act:

• Number of witnesses: At least two witnesses are required.
• Presence of witnesses: Each witness must see the executant sign the document.
• Signature of witnesses: Each witness must sign the document in the presence of the executant.
• Simultaneous presence: Witnesses do not need to be present at the same time.
• Form of attestation: No specific form is required, but the witnesses' signatures and any other relevant information should be clearly visible.

The correct answer is Two Witnesses.

Key PointsUnder Section 3 of the Transfer of Property Act, 1882 which deals with Interpretation clause, the term "attested" has been defined. 

It states that : “attested”, in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgement of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary. 

The correct option is Doctrine of part performance.

Key Points

• The Doctrine of Part Performance is a legal principle recognised in property law.
• It is a doctrine that allows for the enforcement of an oral or incomplete written contract to transfer immovable property if certain conditions are satisfied.
• It is based on the principle of equity and aims to prevent injustice and fraud resulting from non-compliance with formal requirements such as registration.
• Under the Doctrine of Part Performance, if a person has taken possession of a property and has performed acts in furtherance of a contract for the transfer of that property, they may be protected and allowed to enforce their rights to the property.
• This is applicable even if the contract is not in compliance with the formal requirements of the law.
• This doctrine serves as an exception to the general rule that contracts for the transfer of immovable property must be in writing and registered.
• The definition of the doctrine of part performance is incorporated in Section 53-A of The Transfer of Property Act, of 1882.
  • The section states:
    • “When any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty and the transferee has, in part performance of the contract, taken possession of the property or any part thereof or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefore by the law time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons aiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:
      • Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or the part performance thereof.”

The correct answer is Registration where the instrument is not compulsorily registrable.

Key Points

•  According to Explanation I to section 3, where any transaction relating to immovable property is required by law to be, and has been, effected by a registered instrument, any person acquiring such property, shall be deemed to have notice of such instrument from the date of registration.
• In order that registration of an instrument may operate as a notice of its contents, the following three conditions must be satisfied:

1. The instrument must be compulsorily registrable. Thus, registration is notice only when the instrument is required to be registered compulsorily, and not where the registration is optional.
2. The registration of the document must be completed in the manner prescribed by the Indian Registration Act.
3. The instrument and the particulars regarding the transaction to which it is related must be correctly entered in the registers and indices kept under the Registration Act.

The correct answer is “Immoveable property” does not include standing timber, growing crops or grass.

Key Points 

• Section 3 of the TPA, “Immoveable property” does not include standing timber, growing crops or grass.
• "Immoveable property" includes land, buildings, houses, tenements, trees, minerals, crops, and standing timber; and all things attached to the earth or permanently fastened to anything attached to the earth.

However, the definition excludes the following:

• Standing timber, growing crops, and grass: These are considered movable property while they are attached to the earth. Once they are severed from the earth, they become immovable property.
• Things attached to the earth in a temporary manner: For example, a tent or a shed is considered movable property even if it is attached to the earth.

The correct answer is Instrument means a non-testamentary instrument.

Key Points 

• According to the section 3 of the TPA, deal with instrument.
• “instrument”, means a non-testamentary instrument.
• In the context of the Transfer of Property Act (TPA), a "non-testamentary instrument" refers to any legal document that affects the transfer or ownership of immovable property other than a will.

Here are some examples of non-testamentary instruments:

• Contracts: Agreements between two or more parties that create rights and obligations, such as purchase agreements, employment contracts, or loan agreements.
• Deeds: Documents that transfer ownership of real property from one person to another.
• Leases: Agreements that grant temporary possession and use of property in exchange for rent.
• Mortgages: Documents that create a lien on property as security for a loan.

The correct answer is two or more witnesses

Key Points

• The term ‘attested’ is defined as:
  • “Attested”, in relation to an instrument, means that two or more witnesses have seen the executant sign or affix his mark to the instrument, or have received from him a personal acknowledgment of his signature or mark...
• Key Requirements:
  • Minimum two witnesses are required.
  • Each witness must either:
  • See the executant sign, or
  • Receive a personal acknowledgment from the executant,
  • and
  • Must sign the document in the presence of the executant.
• Purpose of Attestation:
  • To provide proof of execution of a document, especially important in transactions like mortgages, gifts, or sales under TPA.

Additional Information

• Attested by one witness only – Incorrect. Law requires at least two witnesses.
• Attested by two witnesses only – Incorrect. The law says two or more, not limited to two.
• No such condition has been imposed – Incorrect. Section 3 clearly imposes the condition of minimum two witnesses.

The correct answer is Non-testamentary instrument 

Key Points

• Section 3 provides definitions for key terms used in the Act.
• According to Section 3, the word “instrument” means:
• “a non-testamentary instrument.”: This refers to written documents that do not include wills (which are testamentary in nature).
• Non-testamentary instrument includes:
  • Sale deeds
  • Mortgage deeds
  • Lease agreements
  • Gifts, exchanges, etc.
• Testamentary instruments (like wills) are excluded because:
  • Transfer of Property Act deals mainly with inter vivos transfers (between living persons), not transfers upon death.

Additional Information

• Testamentary instrument – Excluded explicitly under Section 3.
• Both (1) and (2) – Only non-testamentary instruments are covered.
• None of these – The correct term is clearly specified in the Act.

The correct answer is A right to catch and carry fish from a pond.

Key Points

• Under the Transfer of Property Act, 1882, Immovable Property generally includes:
  • Land
  • Things attached to the earth (e.g., buildings, trees)
  • Things permanently fastened to anything attached to the earth
• However, certain rights or interests may or may not be categorized as immovable depending on their nature and permanence.
• Right to catch and carry fish is a profit à prendre (i.e., a right to take something from another's land).
  • This is considered a benefit arising out of land but is not immovable property.
  • Courts have often held such rights as movable, especially when not coupled with ownership of land.

Additional Information

• Option 1 – A debt secured by mortgage of an immovable property: This is considered immovable property under the Transfer of Property Act.
• Option 2 – A right of worship in a specific temple: This is recognized as immovable since it's tied to a specific immovable location.
• Option 3 – A lake: A lake is part of land, hence, it is immovable property.