Transfer By Act Of Parties MCQ Quiz in मल्याळम - Objective Question with Answer for Transfer By Act Of Parties - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Both 1 and 2

Key Points

• The doctrine of lis pendens is an important principle in property law that deals with the effect of a pending lawsuit on the ownership and transfer of property.
• It is enshrined in Section 52 of the Transfer of Property Act, 1882 (TPA).

Meaning and Rationale:

• Lis pendens literally translates to "suit pending."
• The doctrine essentially states that once a lawsuit is filed regarding a specific property, any subsequent transfer of that property is subject to the outcome of the lawsuit.
• The rationale behind the doctrine is to prevent the alienation of property while a legal dispute exists concerning its ownership or title. 
• This ensures that the court's decision is effective and that the winning party can actually take possession of the property.
• The doctrine is based on the Latin maxim "pendente lite nihil innovetur," which translates to "nothing new is introduced while litigation is pending."

The correct answer is Section 41.Key Points 

• Section 41 of the Transfer of Property Act, 1882 deals with the concept of transfer by an ostensible owner.

It states that:

• Where, with the consent, express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground that the transferor was not authorized to make it.
• It is important to note that Section 41 only applies to transfers of immovable property.
• This includes land, buildings, and anything permanently attached to the land. It does not apply to transfers of movable property, such as cars or furniture.
• Additionally, Section 41 is not a complete defense to a claim of voidable transfer.
• If the transferee knew or had reason to believe that the transferor did not have the authority to transfer the property, then the transfer may still be voidable.

The correct answer is Muslim law.

Key Points

• The Transfer of Property Act (TPA) of 1882, Chapter II specifically, shall not be deemed to affect any rule of Muslim law.
• This crucial statement signifies that the provisions of Chapter II, which deal with transfers of property by act of parties, will not override any existing principles of Muslim law in matters related to property transfer.
• This exception exists to preserve the distinct legal system of Muslim communities in India, ensuring their customary practices and interpretations regarding property ownership and transfer are not undermined by the TPA.
• It allows Muslims to continue following their own legal traditions alongside the general framework provided by the Act.

Note:

• Chapter II of the TPA outlines the rules for transferring property between parties.
• However, this chapter specifically states that it does not intend to replace or alter any existing rules of Muslim law concerning property transfer.
• This exception allows Muslim communities to continue adhering to their established legal practices related to property ownership and transfer.

The correct answer is 12 months.

Key PointsSection 20C. Expeditious disposal of suits.—Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant.
Provided that the said period may be extended for a further period not exceeding six months in aggregate after recording reasons in writing for such extension by the court.]

The correct answer is option 1.

Key Points Section 24 of TPA says Where, on a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer.

Illustration

A transfers property to B for life, and after his death to C and D, equally to be divided between them, or the surviver of them. C dies during the life of B. D survives B. At B's death the property passes to D".

The correct answer is Option 2.

Key Points  Doctrine of Lis Pendens: 

The Doctrine of Lis Pendens, derived from Latin, translates to “pending litigation.”

• It is a legal principle that pertains to immovable property and is dealt with in Section 52 of the Transfer of Property Act, 1882, in India.
• This doctrine serves to protect the rights and interests of parties involved in a pending lawsuit concerning a specific property.

Section 52 of Transfer of Property Act, 1882 reads as:

• “52. Transfer of property pending suit relating thereto.—During the [pendency] in any Court having authority within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by [the Central Government ] of [any] suit or proceeding [which is not collusive and] in. which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.”

Essential Conditions for Doctrine of Lis Pendens under Section 52 of Transfer of Property Act, 1882: 

From these guidelines and the language of the section 52 itself, it can be inferred that the necessary conditions for the application of the doctrine of lis pendens are as follows:

• There must be a pending suit or proceeding.
• The suit or proceeding must be within the jurisdiction of a competent court.
• The suit must directly and explicitly involve a right to immovable property.
• The suit or proceeding must not be collusive.
• Any transfer or action related to the property in dispute must involve a party to the suit.
• Such a transfer or action must impact the rights of the other party involved in the litigation.

In the case of Balwant Singh v. Buta Ram, the court held that when a situation meets all of the aforementioned requirements, the doctrine comes into effect. During a legitimate lawsuit in a court with appropriate jurisdiction, where ownership of immovable property is directly and substantially contested, the property cannot be transferred without the court’s permission. If such a transfer occurs, the buyer of the immovable property will be bound by the court’s ruling.

Cases on Doctrine of Lis Pendens

• In the case of Faiyaz Hussain v. Munshi Prag Narrain, the Privy Council followed the theory established in the case of Bellamy v. Sabine. They emphasized the importance of reaching a final adjudication in legal matters and observed that failing to do so would result in endless litigation.
• In the case of Iqbal Singh v. Mahendar Singh, the High Court of Delhi held that once arbitration proceedings commence, the suit property becomes sub-judice, and any transfer made during the pendency of arbitration proceedings would be subject to Section 52 of Transfer of Property Act.

The correct answer is option 2.

Key Points Section 6 of TPA provides What may be transferred.—Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force,—
(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred;
(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby;
(c) An easement cannot be transferred apart from the dominant heritage;
(d) All interest in property restricted in its enjoyment to the owner personally cannot be transferred by him; 1[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred;]
(e) A mere right to sue 2[***] cannot be transferred;
(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable;
(g) Stipends allowed to military 3[naval], 4[air-force] and civil pensioners of the 5[Government] and political pensions cannot be transferred;
(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) 6[for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872)], or (3) to a person legally disqualified to be transferee; 7[(i) Nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.]

The correct answer is option 1.

Key PointsSection 53 of TPA provides for Fraudulent transfer.-- (1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed.
Nothing in this sub-section shall impair the rights of a transferee in good faith and for consideration.
Nothing in this sub-section shall affect any law for the time being in force relating to insolvency.
A suit instituted by a creditor (which term includes a decree -holder whether he has or has not applied for execution of his decree) to avoid a transfer on the ground that it has been made with intent to defeat or delay the creditors of the transferor, shall be instituted on behalf of, or for the benefit of, all the creditors.
(2) Every transfer of immoveable property made without consideration with intent to defraud a subsequent transferee shall be voidable at the option of such transferee.
For the purposes of this sub-section, no transfer made without consideration shall be deemed to have been made with intent to defraud by reason only that a subsequent transfer for consideration was made.]

The correct answer is option 1.

Key Points

•   Section 13 of the Transfer of Property Act, 1882 provides that when for the transfer of property, an interest therein is created for the benefit of an unborn person at the date of the transfer, a prior interest is to be created in respect of the same transfer and the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the person transferring the property in the property to be transferred.

The correct answer is Suit must be collusive

Key Points

• Under Section 52 of the Transfer of Property Act, 1882, the doctrine of "Lis Pendens" applies to prevent the transfer of immovable property when a legal dispute involving that property is ongoing.
  • The rule ensures that the outcome of a pending litigation is not defeated by transfer of property during its pendency.
• Essential Conditions for Lis Pendens:
  • There must be a pendency of a suit or proceeding.
  • The suit must be in a competent court.
  • The dispute must relate to a right in immovable property.
  • Transfer must affect the rights of the other party in the suit.

Additional Information

• Suit must be collusive – Not an essential condition.
  • In fact, if the suit is collusive, the doctrine does not apply.