Transfer of Immoveable Property for Consideration by Persons with Distinct Interests

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18 Questions

What is the key condition that affects the transfer of a share or interest in an undivided family's dwelling-house?

The transferee must be a member of the family.

When immovable property is transferred for consideration to two or more persons, and the consideration is paid out of a common fund, how are they entitled to interests in the property?

In proportion to the shares of the consideration they each advanced.

What is the presumption regarding the interests of parties in an immovable property transferred for consideration, when there is no evidence about their respective interests in the fund or the shares of consideration they advanced?

They are presumed to have equal interests in the property.

What is the key requirement for a transferee of a share in an undivided family's dwelling-house to be entitled to joint possession or common enjoyment of the house?

The transferee must be a member of the family.

When immovable property is transferred for consideration to two or more persons, and the consideration is paid out of their respective separate funds, how are they entitled to interests in the property?

In proportion to the shares of the consideration they each advanced.

What is the key factor that determines the respective interests of parties in an immovable property transferred for consideration, when the consideration is paid out of a common fund?

The shares of the consideration they each advanced.

What happens when immoveable property is transferred for consideration by persons with distinct interests?

Transferors are entitled to share in the consideration equally, if their interests were of equal value

In Illustration (a), what shares of mauza Lalpura are A, B, and C respectively entitled to?

A: 1/8, B: 1/16, C: 1/16

If A's life-interest in mauza Atrali is worth Rs. 600 and the reversion is worth Rs. 400, how much should A receive out of the Rs. 1,000 from selling the mauza?

Rs. 600

When several co-owners of immoveable property transfer a share without specifying any particular shares, how does the transfer take effect?

Equally among the co-owners if their shares were equal

What entitlement do B and C have from selling mauza Atrali for Rs. 1,000 if A's life-interest is worth Rs. 600?

B and C should receive Rs. 400 each

If a transfer of property among co-owners takes effect equally, what determines how the shares are divided?

% of ownership they hold in the property

What is the scenario described in the given text?

A owns an eight-anna share, while B and C each own a four-anna share in mauza Sultanpur, and they transfer a two-anna share to D.

How is the transfer of the two-anna share from A, B, and C to D effected?

One-anna share is taken from A's share, and half-an-anna share is taken from both B and C's shares.

According to the given text, what is the principle governing the priority of rights created by transfer at different times?

Each later created right is subject to the rights previously created, unless there is a special contract or reservation binding the earlier transferees.

If immovable property is transferred for consideration and is insured against loss or damage by fire, what right does the transferee have in case of such loss or damage, according to the given text?

The transferee can require the transferor to use the insurance money to reinstate the property, in the absence of a contract to the contrary.

In the scenario described in the text, what is the total share owned by A, B, and C in mauza Sultanpur before the transfer?

16 annas

What type of agreement is mentioned in the text that can override the principle of priority of rights created by transfer?

Both a special contract and a reservation binding the earlier transferees

This quiz explores the scenario where immoveable property is transferred for consideration by individuals with different interests in the property. Learn about how the transferors are entitled to share the consideration based on the value of their respective interests.

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