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 assertion and reasoning are correct, and the reasoning explains the assertion.

Key Points

• The assertion correctly states that the buyer has the right to demand title from the seller, and the seller has the duty to deliver clear title under the Transfer of Property Act, 1882. This means that the seller must transfer ownership of the property to the buyer with a valid and unencumbered title.
• The reasoning provides further clarification by explaining that this ensures that the buyer receives ownership of the property free from any encumbrances or defects in title. In other words, it emphasizes that the seller's duty to deliver clear title protects the buyer from inheriting any legal issues or claims against the property.
• Therefore, both the assertion and the reasoning are correct, and the reasoning effectively explains the assertion by elaborating on the purpose and significance of the seller's duty to deliver clear title to the buyer.

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 option is Intangible movable property.

Key Points

• Actionable Claim:-
  • The actionable claim is defined in Section 3 of the Transfer of Property Act, which was included in the Act by the Amending Act II of 1990. 
  • “Actionable claim” means a claim to any debt, other than a debt secured by mortgage of immoveable 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, accuring, conditional or contingent.
     
  • The actionable claim is an intangible movable property and its transfer is dealt with in Chapter VIII of the Act.
  • According to Section 3 of the Act, actionable claim means: 
    • Claim to an unsecured debt.
    • Beneficial interest in a movable property. 
• These are both claims that are recognized in the Courts of law as affording relief. 
• There are other types of claims also that afford relief and are actionable in the Courts of law, such as secured debts and tortuous suits like defamation or nuisance. 
• But those are not categorized under the meaning of the actionable claim.

The correct option is 3

Key Points

• Kumar Harish Chandra Singh Deo v. Bansidhar Mohanty, AIR 1965 SC 1738: (1966) 1 SCR 153:-
  • This case is the landmark judgment on Section 3 (Attestation) of the Transfer of Property Act of 1882.
  • Facts:-
    • The mortgage deed in question was executed by Kumar Harish Chandra Deo (appellant) in favour of Jagannath Debata (respondent no. 2) in April 1945, for consideration of Rs.15,000.
    • The appellant undertook to repay the amount advanced together with interest within one year of the execution of the deed.
    • The appellant, however, failed to do so. Banshi Dhar Mohanty (respondent no. 1), therefore instituted the suit out of which this appeal arose.
    • The Jagannath Debata challenged the right of respondent no. 1 to institute the suit and claimed that it was he who had advanced the consideration.
    • His claim was, however, rejected by the Trial Court.
    • The Trial Court passed the decree in favour of Banshidhar Mohanty.
    • Aggrieved from the decree of the trial court Kumar Harish Chandra Deo alone filed an appeal to the High Court, however, his appeal was rejected by the High Court. Later, he raised an appeal in the Supreme Court of India.
  • Issues Involved:-
    • Whether the mortgage deed, upon which the suit of the respondent was based validly attested?
    • Whether respondent no. 1 was entitled to institute the suit?
  • Observation:-
    • The court held that the deed was validly attested. A person who takes benefit under the transaction or who provides consideration for a transaction is entitled to institute a suit concerning that transaction.
      • Thus, where a transaction is a mortgage, the actual lender of the money is entitled to sue.
    • Hence, Respondent No. 1 was entitled to sue.
    • The Court upheld the decree given by the High Court and dismissed the appeal.
  • Conclusion:-
    • A suit can be instituted by a person who takes a benefit under any transaction or who provides consideration for a transaction.
    • Thus, where a transaction is a mortgage, the actual lender of the money is entitled to sue.

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).