TPA Important Topics

PYP’s Analysis- Transfer of Property Act
Important Topics
1. Doctrine of election
2. Section 6
3. Rule against perpetuity
4. Acquisition of Easement
5. Contingent and vested interest
6. Doctrine of ‘Lis Pendens’
7. Estoppel
2019
1. Discuss in detail the acquisition of Easement by Prescription.

2. Discuss
a) A, a Hindu who has separated from his father B, sells to C three fields, X,Y and
Z, asserting that A is authorized to transfer the same. Of these fields Z does not
belong to A, it having been retained by B on the partition; but on B’s dying A as
heir obtains Z. C, having rescinded the contract of sale, require A to deliver Z to
him. Can A refuse to give the property? Support your answer with relevant
provisions.
b) Distinguish the concept of feeding grant by estoppels (2020) from transfer by
ostensible owner and spes successionis.
3. Rule against perpetuity with relevant provisions and relevant case law. (2020- state
exceptions)
4. What is a conditional transfer? Define and differentiate between condition precedent and
condition subsequent. (2020)
5. (a) Write an essay on doctrine of election. [Also state whether a transferee disappointed
by the exercise of right of election by owner of the property has any remedy? (2020)]
(2021)
(b) Sarita, who had a life interest on the property of her deceased husband Suresh,
executed a Will wherein she bequeathed the property to Ramesh (one of the two
reversioners of Suresh), and in the same transaction conferred a benefit of rupees ten lacs
to Mahesh (the other reversioner of Suresh). (important instance h ispe ata h)
(i) Discuss the legal options available to Mahesh.
(ii) What would have been your answer had Sarita executed a gift instead of will and
why?
6. (a) Discuss the essentials of a valid transfer and explain whether the following are
transfer:
(i) Surrender
(ii) Charge
(iii) Exchange
(iv) Partition
(v) Relinquishment
(b) What property cannot be transferred under Transfer of Property Act, 1882? (2023)
Shorts
7. No easement on easement.
8. Doctrine of ‘Lis Pendens’. "Pendente Lite Nihil Innovetur” is the rule based not on
doctrine of notice but on expediency." In the light of the above statement, elucidate the
doctrine of "lis pendens" as provided under the Transfer of Property Act. (2020)
9. Vested and Contingent interest. (2020) (2021) (2022)
10. Negative and Positive covenants.
2020
1. Section 6 (2021)
Shorts
2. Profit a pendie.
3. Transfer ostensible owner.
4. What do you understand by easement?
5. Feeding the grant of Estoppel. (2021)
2021
1. Discuss in detail about the modes of acquisition of easement under the Easements Act.
2. What do you understand by the rule against remoteness of vesting? Also state the
exceptions, if any, to the above rule.
3. What property can be transferred? Explain with reference to Section 6 of the T.P. Act.
4. Write an essay on the various theories of Property. (2023)
5. What is the law relating to transfer of ‘fixtures’ under Transfer of Property Act? Explain
with the help of decided cases and relevant provisions of law. (2023)
Shorts
6. Easement of necessity.
7. Explain actionable claims by giving suitable examples.
2022
1. Discuss the doctrine of holding as enshrined under section 41 of the Transfer of Property
Act. Explain how the enactment of Benami Transaction (Prohibition) Act, 1988 and
Benami Transactions (Amendment) Act, 2016 has affected the scope of section 41.
2. Examine the nature and scope of section 43 of the Transfer of Property Act and explain
the principle and conditions laid down in it. Also explain the exceptions if any.
3. Discuss the key essential elements of easement as per the definition under the Indian
Easements Act, 1882.
4. "Property of any kind may be transferred except as otherwise provided by this Act".
Elucidate the above statement in the light of Section 6 of the Transfer of Property Act.
5. How can a property be transferred for the benefit of an unborn child? What is the rule
against remoteness of vesting? Explain with exceptions, if any.
6. Discuss in detail,
i. the doctrine of election under Transfer of Property Act.
ii. A by an instrument of gift agrees to transfer the Property of C worth INR 10 lacs
to B. In the same document, A offers INR 15 lacs to C and requests C to transfer
the property to B.
Before C elects, A dies. Subsequently, C declines to transfer the property to B.
Decide about the rights and liabilities of the parties concerned.
Shorts
7. Rule laid down in Tulk v. Moxhay.

8. Profit a prendre.
9. Vested and contingent interest.
10. Law favours alienation of property rather than its accumulation. Discuss.

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PYP’s Analysis- Transfer of Property Act

1. Discuss in detail the acquisition of Easement by Prescription.

7. Rule laid down in Tulk v. Moxhay.

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