TP Act MCQ Quiz in தமிழ் - Objective Question with Answer for TP Act - இலவச PDF ஐப் பதிவிறக்கவும்

The correct answer is  Right to enjoy the property

Key PointsSection 105. Lease defined
A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.

• The transferor is called the lessor,
• the transferee is called the lessee,
• the price is called the premium,
• the money, share, service or other thing to be so rendered is called the rent.

The correct ans is Section 53A.

Key Points 

• Section 53A deals with the legal concept of part performance and its effect on contracts for the transfer of immovable property (land and buildings). 

Conditions for applicability:

1. Contract for immovable property: There must be a written contract for the transfer of immovable property for consideration (payment).
2. Signed by transferor: The contract must be signed by the person transferring the property (transferor) or someone authorized on their behalf.
3. Terms ascertainable: The written document should clearly outline the essential terms of the transfer, allowing for reasonable certainty of its purpose.
4. Transferee's willingness: The transferee must be willing and able to perform their part of the contract.
5. No notice of unregistered contract: This protection does not apply against a subsequent transferee for consideration who has no notice of the original contract or its part performance.

The correct answer is Section 69A.

Key Points 

• The Transfer of Property Act, 1882 (TPA) deals with the appointment of a receiver in Section 69A.
• This section provides that a mortgagee who has the right to exercise the power of sale under Section 69 is entitled to appoint a receiver of the income of the mortgaged property under certain conditions.

Who can appoint a receiver:

• Only a mortgagee with the right to exercise the power of sale under Section 69 can appoint a receiver.

How to appoint a receiver:

• The appointment must be in writing signed by the mortgagee or on their behalf.
• The following order of preference applies:
  • Any person named in the mortgage deed and willing and able to act as receiver.
  • If no one is named or they are unable or unwilling, any person agreed upon by both mortgagee and mortgagor.
  • If no agreement is reached, the mortgagee can apply to the court for the appointment of a receiver.

The correct answer is Section 10.

Key Points 

• Section 10 deals with restraints on alienation of property.
• It states that conditions or limitations imposed on the transferee (person receiving the property) that absolutely restrict them from parting with or disposing of their interest in the property are void.

• The overall aim of section 10 is to protect the transferability of property and prevent people from being unfairly restricted in their ability to dispose of their assets.
• The provision applies to all forms of property transfer, including sale, gift, and inheritance.
• The exceptions for leases and married women have been subject to criticism and debate, with some arguing that they are discriminatory and outdated.

Objectives 

• Prohibit absolute restraints on alienation of property: This means that any condition or limitation placed on a transferred property that completely prevents the transferee or anyone claiming under them from selling, gifting, or otherwise disposing of their interest in the property is void. 
• Protect the freedom of the transferee: By allowing them to dispose of their property as they see fit, the safeguards their autonomy and economic independence.
• Promote fair and equitable dealings: By preventing unfair restrictions on property ownership, the section ensures a level playing field in the property market.
• Balance interests of parties: While generally prohibiting absolute restraints, the section recognizes exceptions in certain situations, such as leases where a condition restricting alienation may benefit the lessor.

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 Theluson Vs. Woodford.

Key Points

• Doctrine of accumulation is a way to restrain the enjoyment of property.
  According to Section 17(1), if the conditions of the transfer of property direct the income that arises out of the property to be accumulated either wholly or in part for a period of time that is longer than the lifetime of transferor or for a period of 18 years shall be considered to be void. These conditions are alternative and not a combination, such as the lifetime of transferor and 18 years. This Section sets limits for the direction of accumulation such as lifetime of transferor and as well as a time period of 18 years. This principle is derived from Theluson v. Woodford.​

​Additional Information

• Section 17- Direction for accumulation.—(1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than—
  (a) the life of the transferor, or
  (b) a period of eighteen years from the date of the transfer,
  such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last-mentioned period the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed.
  (2) This section shall not affect any direction for accumulation for the purpose of—
  (i) the payment of the debts of the transferor or any other person taking any interest under the transfer, or
  (ii) the provision of portions for children or remoter issue of the transferor or of any other person taking any interest under the transfer, or
  (iii) the preservation or maintenance of the property transferred;
  and such direction may be made accordingly. 

The correct answer is Turvunuru, Chitradurga

Key Points

• The epicenter of the "Eachalu Marada Chaluvali" (Toddy Tree Movement) was in Turuvenur village, located in the Chitradurga district of Karnataka.
• The movement, led by leaders like S. Nijalingappa, focused on cutting toddy trees as a protest against the British colonial regime and local liquor consumption.
• Bellary Siddamma actively participated in this movement, contributing significantly to the freedom struggle and rural empowerment in the region.

The correct answer is Both 1 and 3

Key Points 

• Under Section 17 of the TPA, 1882, the income arising from the property shall be accumulated either wholly or in part during a period not exceeding the life of the transferor, or the minority of some person living at the date of the transfer, or a period of eighteen years from the date of the transfer, whichever is the longer period.
• Accumulation of income: The income from the property can be accumulated either fully or partially.
• Time period: The accumulation period is limited to the longer of:
  • Transferor's lifetime: This ensures that the accumulation period does not extend beyond the transferor's control.
  • Minority of a living person: This allows accumulation for the benefit of a minor until they reach adulthood.
  • Eighteen years: This serves as a general limit to prevent excessive accumulation.
• Excess accumulation: Any direction to accumulate income beyond the permissible period is void.
• Disposition after period: After the designated period, the accumulated income and property are disposed of as if the maximum period had elapsed.

It's important to note that Section 17 also allows for certain exceptions, such as accumulation for the preservation or maintenance of the transferred property.

The correct answer is Option 2

Key Points

• Section 125 of the Transfer of Property Act says that in case a property is gifted to more than one donee, one of whom does not accept it, the gift, to the extent of the interest which he would have taken becomes void. Such interest reverts to the transferor and does not go to the other donee.
• A gift made to two donees jointly with the right of survivorship is valid, and upon the death of one, the surviving donee takes the whole.
   

Additional Information

• Section 126 – When gift may be suspended or revoked.
• Section 127 – Onerous gifts.
• Section 124 – Gift of existing and future property.

The correct answer is Option 3.

Key Points

• Section 120 in The Transfer Of Property Act, 1882 talks about Rights and liabilities of parties.—
• Save as otherwise provided in this Chapter, each party has the rights and is subject to the liabilities of a seller as to that which he gives, and has the rights and is subject to the liabilities of a buyer as to that which he takes.
• In an exchange, each party is subject to the rights of the buyer and seller in relation to the property that he receives and gives respectively. 

Additional Information

• Section 119 - Right of party deprived of thing received in exchange.
• Section 121- Exchange of money.
• Section 118- “Exchange” defined.