Transfer of Property Act, 1882: Chapter 1 Quiz

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Questions and Answers

What does Section 5 of the Transfer of Property Act, 1882 define?

Section 5 defines 'Transfer of property.'

Who are the persons competent to transfer as per Section 7 of the Act?

Persons competent to transfer are defined in Section 7.

What does Section 10 of the Act deal with?

Section 10 deals with conditions restraining alienation.

Under what circumstances does an unborn person benefit from a transfer, as per Section 13?

<p>Section 13 deals with transfer for the benefit of unborn persons.</p> Signup and view all the answers

What is the subject matter of Section 25 of the Transfer of Property Act, 1882?

<p>Section 25 addresses conditional transfers.</p> Signup and view all the answers

What is the significance of Section 34 of the Transfer of Property Act, 1882?

<p>Transfer conditional on performance of act, no time being specified for performance.</p> Signup and view all the answers

Explain the concept of 'Part performance' under the Transfer of Property Act, 1882.

<p>Part performance refers to the fulfillment of certain obligations under a transfer, which may not be complete but substantial enough to warrant legal recognition.</p> Signup and view all the answers

Under what circumstances is 'Marshalling by subsequent purchaser' relevant as per the Transfer of Property Act, 1882?

<p>When a subsequent purchaser intervenes, marshalling becomes relevant to determine the order of applying assets towards satisfying obligations.</p> Signup and view all the answers

Explain the concept of 'Usufructuary mortgage' as per the Transfer of Property Act, 1882.

<p>Usufructuary mortgage involves the transfer of the property's possession to the mortgagee, allowing them to enjoy the property's income or profits until the debt is repaid.</p> Signup and view all the answers

What does the term 'Discharge of Incumbrances on Sale' signify under the Transfer of Property Act, 1882?

<p>The term refers to the process of clearing any encumbrances or claims on the property when it is being sold.</p> Signup and view all the answers

What is the definition of 'Sale' in the context of immovable property?

<p>The definition of 'Sale' in the context of immovable property is defined within the text.</p> Signup and view all the answers

Explain the concept of 'Simple mortgage' as defined in the text.

<p>The text defines the concept of 'Simple mortgage' in the section related to mortgages of immovable property and charges.</p> Signup and view all the answers

What are the rights and liabilities of the buyer and seller in the context of a 'Contract for sale'?

<p>The text outlines the rights and liabilities of the buyer and seller in the context of a 'Contract for sale.'</p> Signup and view all the answers

Explain the concept of 'Usufructuary mortgage' as defined in the text.

<p>The text provides the definition and details of 'Usufructuary mortgage' within the section on mortgages of immovable property and charges.</p> Signup and view all the answers

What provision does the text make for incumbrance and sale freed therefrom?

<p>The text contains a provision made by the Court for incumbrance and sale freed therefrom.</p> Signup and view all the answers

Flashcards

Transfer of Property

Section 5 defines the concept of transferring ownership of property from one person to another.

Persons Competent to Transfer

Section 7 specifies who has the legal capacity to make a transfer of property.

Conditions Restraining Alienation

Section 10 deals with any conditions that prevent the transfer or sale of property.

Unborn Persons Benefit

Section 13 allows for transfers that are meant to benefit individuals who are not yet born.

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Conditional Transfers

Section 25 addresses transfers of property that are subject to conditions being met.

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Conditional Transfer Performance

Section 34 concerns transfers that depend on the completion of an act without a specific time limit.

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Part Performance

Partial fulfillment of obligations in a property transfer, granting legal recognition despite incompleteness.

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Marshalling by Subsequent Purchaser

This concept refers to how assets are allocated when a new purchaser comes into the picture.

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Usufructuary Mortgage

A type of mortgage where the property’s possession is given to the lender for income until the debt is cleared.

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Discharge of Incumbrances on Sale

The process of clearing any claims or encumbrances on property when sold.

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Definition of Sale

Sale of immovable property is defined in the text, outlining necessary legal aspects.

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Simple Mortgage

A straightforward mortgage type defined in the context of immovable property and charges.

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Contract for Sale Rights and Liabilities

Outlines the responsibilities of buyers and sellers in property transactions.

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Usufructuary Mortgage Repeated Definition

An earlier mentioned concept defined within mortgage sections, indicating transferring possession for income until debt is paid.

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Incumbrance and Sale Freed Therefrom

Provisions made by the court to ensure property is sold free from claims or debts.

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