Sales Of Immovable Property MCQ Quiz in मल्याळम - Objective Question with Answer for Sales Of Immovable Property - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is option 4.

Key Points

• Section 54 of TP Act says “Sale” defined —“Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
• Sale how made.—Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.
• In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.
• Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property.
• The payment of the price in cash is not an essential element of a sale under the Transfer of Property Act.
• The Act does not specify that the payment must be made in cash. The essential element is the existence of a price (consideration) agreed upon by both parties, which can be paid in cash, through a bank transfer, in installments, or any other agreed-upon mode of payment.
• In summary, while the payment of a price is an essential element of a sale, the requirement for this payment to be in cash is not stipulated under the Transfer of Property Act.
• The key is the agreement on a price and the transfer of ownership, regardless of how the price is paid.

The correct answer is not to answer to the best of his information all the relevant questions put to him by the buyer in respect of the title. 

Key PointsSection 55(1) of the Transfer of Property Act, 1882 deals with liabilities of a seller.

In the absence of a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold:
(1) The seller is bound— (a) to disclose to the buyer any material defect in the property [or in the seller’s title thereto] of which the seller is,

(b) to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller's possession or power;

(c) to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto;

(d) on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place;

(e) between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents; 

(f) to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits;

(g) to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all incumbrances on such property due on such date, and, except where the property is sold subject to incumbrances, to discharge all incumbrances on the property then existing.

(2) The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same:  Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is incumbered or whereby he is hindered from transferring it.
The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest of the transferee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.

(3) Where the whole of the purchase-money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller’s possession or power:
Provided that, (a) where the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and, (b) where the whole of such property is sold to different buyers the buyers, of the lot of greatest value is entitled to such documents. But in case (a) the seller, and in case (b) the buyer, of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefaced, unless prevented from so doing by fire or other inevitable accident.

Additional InformationIn the given scenario, amongst all the options given in the question in relation to Section 55 of the  Transfer of Property Act, 1882 the incorrect one is not to answer to the best of his information all the relevant questions put to him by the buyer in respect of the title. 

The correct answer is payment of the price in cash.

Key Points Section 54 of the Transfer of Property Act, 1882 relates to the concept of "Sale". 

“Sale” defined - “Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
Sale how made - Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.
In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.
Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.

Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property.

Additional Information 
The essential element of sale under the Transfer of Property Act, 1882, is

• the transfer of ownership of property from one person (the seller) to another (the buyer),
• for a price paid or promised or part-paid and part-promised, 
• In other words, the key element of a sale transaction is the transfer of property ownership in exchange for consideration, which can be in the form of money, goods, services, or a combination thereof between parties, i.e. the buyer and the seller. 

The correct option is Section 53A.

Key Points

• The doctrine of part performance:-
  • The doctrine of part performance in India is recognized under Section 53(A) of the Transfer of Property Act of 1882.
  • The doctrine simply means that where two people enter into an agreement and one of the parties acts in consonance with the agreement, it creates equity, presuming that the other party will also perform its obligations. 
  • So, if the other party later denies or acts fraudulently by refusing to fulfil his duties as mentioned in the agreement, the doctrine of part performance is applied to safeguard the interest of the party who performed acts in furtherance of the agreement. 
  • Thus, the doctrine is embodied to protect the interests of transferees who take possession of the property but are not able to obtain the title after paying the consideration in part or whole and where the transferor later denies such an agreement or sues him for the possession. 
  • This doctrine prevents such instances and provides justice to genuine and innocent transferees.
  •  Illustration:
    • X enters into a contract with Y regarding the transfer of a flat on payment of consideration. The contract also provided that on partial payment of consideration, Y could take possession, and so he did. Later, X denies transferring the title to the property, stating that he does not want to sell the flat. The doctrine of part performance will be applied here to protect the interest of Y, either by asking X to repay the consideration paid or by performing the contract and transferring the title of the property to Y.

The correct answer is Option 3.

Key Points

• When a lessee accepts a new lease of the property leased from the lessor to take effect during the continuance of the existing lease, it is considered an implied surrender of the former lease, and such lease determines thereupon.
• This situation signifies the relinquishment of the previous lease by the creation of a new relationship between the lessor and lessee. 
• It is governed by Section 111 of the Transfer of Property Act, 1882, which outlines the determination of lease under various circumstances such as the acceptance of a new lease, forfeiture, or by express or implied surrender. 

Additional InformationSection 111 of the Transfer of Property Act, 1882, which outlines the various circumstances under which a lease of immovable property can be determined.

1. By Efflux of Time: A lease is terminated upon the expiry of the specified time period.
2. By Happening of Specified Event: If the lease is conditional on the occurrence of a specific event, it is determined by the happening of that event.
3. Termination of Lessor’s Interest: When the lessor’s interest in the property ceases, the lease also ends.
4. By Merger: If the interests of the lessee and the lessor become vested at the same time in one person and in the same right, the lease is determined.
5. By Express or Implied Surrender: Express surrender can occur if the lessee yields up their interest under the lease to the lessor by mutual agreement, while implied surrender occurs when the lessee accepts a new lease of the property leased during the continuance of the existing lease.
6. By Forfeiture: Forfeiture occurs under various circumstances, such as breach of conditions by the lessee, denial of the landlord’s title, or the insolvency of the lessee.
7. On the Expiration of a Notice: The lease is determined upon the expiration of a notice to determine the lease or to quit

The correct option is Tenancy under lease.

Key Points

• Section 105:
  • Lease—
    • A lease of immovable property is a transfer of a right to enjoy such property.
    • Transfer, 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.
  • Lessor, lessee, premium and rent defined—
    • 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.
• Associated Hotels of India v. R.N. Kapoor, 1959 AIR 1262

  • ​ This is a landmark case law under the Transfer of Property Act of 1882 which deals with the concept of tenancy under lease.
  • Facts:-
    • The respondent operated a barbershop named Madam James within two rooms of the Appellant’s Hotel.
    • The dispute arose when they sought rent standardization under the Rent Control Act of 1947 contending that the permission granted by the hotel constituted a lease.
    • They contended that they were paying an exorbitant amount of rent.
    • The hotel countered, asserting that it did not fall under the jurisdiction of the Rent Control Act 1947 and highlighting that the agreement between the parties specified a license, not a lease.
    • Consequently, the Rent Controller set the rent at Rs. 94/-.
    • However, the District Court rejected this decision upon the hotel's appeal, maintaining that the arrangement was a mere permission, constituting only a license.
    • Upon further appeal, the Punjab High Court reinstated the Rent Controller's order, determining that the agreement indeed established a lease, not a license.
  • Issue Involved:-
    • Whether the document executed by the parties is a Lease or a License?
  • Observation:-
    • The Supreme Court discussed the meanings of 'hotel' and 'a room in a hotel’.
    • It said that a hotel is a place where strangers or travellers are entertained, providing lodging to guests, and sometimes both lodging and food or other services.
    • However, the court disagreed that a room must be exclusively used for lodging.
    • Instead, it concluded that the room in question was a place of business for the appellant-respondent.
    • In determining whether a document establishes a license or lease, the court stated that the document's substance should be considered over its form.
    • According to the court, based on certain tests, it is not accurate to consider the document as a license.
    • The document does not merely grant a personal privilege to the respondent; rather, it gives exclusive possession of the rooms to the appellant-respondent without being controlled or directed by the appellants.
    • The court noted that the covenants in the document are typical of those expected in a lease deed.
    • Additionally, the court highlighted that the respondent's right to transfer their interest under the document, even with the appellant's consent, contradicts the concept of a license.
  • Conclusion:-
    • The SC held that the document resulted in the conveyance of the right to use the two rooms, thus establishing a tenancy in favour of the respondent.
    • Hence, the SC dismissed the appeal and upheld the order of HC.

The correct answer is Section 69A

Key Points Section 69A. Appointment of receiver.—
(1) A mortgagee having the right to exercise a power of sale under section 69 shall, subject to the provisions of sub-section (2), be entitled to appoint, by writing signed by him or on his behalf, a receiver of the income of the mortgaged property or any part thereof.