TPA Preliminary (Sec 1 - 4) MCQ Quiz in मल्याळम - Objective Question with Answer for TPA Preliminary (Sec 1 - 4) - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is both 1) and 2).

Key Points

• Ordinarily a Registrar cannot be an attesting witness. However, if it is proved by independent evidence that he had put his signatures to attest the document, he can be an attesting witness.
• It is essential that the witness put his signature animo attestandi i.e., with the intention of attesting. (M.L. Abdul Jabbar Sahib v. H. Venkata Sastri, AIR 1969 SC 1147)
• A friend of the purchaser can be an attesting witness, even if he is interested in the transaction.
• A person who signs on behalf of the executant would be deemed to be a party to the deed/ transaction, while an attesting witness must be an independent person. If such a person is allowed to become a witness, then, in effect, it would mean that an executant himself can attest the document.

The correct answer is Section 3.

Key Points

• Section 3 of the Transfer of Property Act incorporates the doctrine of fixtures.
• The doctrine of fixtures is incorporated under Section 3 of the Transfer of Property Act, 1882, in India. This section defines the term "immovable property" and is crucial in determining whether an object is considered a fixture or not. Fixtures are objects that were originally movable but have become permanently attached to the immovable property, and their classification has legal implications in property transactions.

The correct answer is Beneficial interest in movable property which is in possession of claimant.

Key Points

• Actionable claim is defined under Section 3 of the Transfer of Property Act 1882.
• It states that “actionable claim” means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.

Additional Information

• Section 130- Transfer of actionable claim—(1) The transfer of an actionable claim whether with or without consideration shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, shall be complete and effectual upon the execution of such instrument, and thereupon all the rights and remedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provided be given or not: Provided that every dealing with the debt or other actionable claim by the debtor or other person from or against whom the transferor would, but for such instrument of transfer as aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall save where the debtor or other person is a party to the transfer or has received express notice thereof as hereinafter provided be valid as against such transfer.
  (2) The transferee of an actionable claim may, upon the execution of such instrument of transfer as aforesaid, sue or institute proceedings for the same in his own name without obtaining the transferor's consent to such suit or proceedings and without making him a party thereto.
  Exception.—Nothing in this section applies to the transfer of a marine or fire policy of insurance or affects the provisions of section 38 of the Insurance Act, 1938 (4 of 1938).