Orissa Judicial Service (O.J.S. – 2010)
LAW OF PROPERTY
Time – Three Hours
Full Marks – 150
ADVERTISEMENTS:
Answer SIX questions, TWO from Section A, TWO from Section B and TWO from Section C All questions carry equal marks.
SECTION – A
1. (a) Explain meaning of “transfer of property” as defined under Section 5 of the Transfer of Property Act. Is the definition exhaustive? 10 + 5
(b) Whether the following are transfer of property :-
- i. Transfer by association of persons other than incorporated.
- ii. Settlement amongst the family members.
- iii. Transfer to an Idol.
- iv. Surrender by a tenant.
- v. Relinquishment in favour of a coparcener. 10
ADVERTISEMENTS:
2. (a) State the essentials of a valid transfer. 15
(b) Examine validity of the following transfer of property :-
- i. An agreement by a person not to claim a share of inheritance.
- ii. An interest restricted in enjoyment to the owner.
- iii. Transfer of joint family property by karta to a concubine for her past services.
- iv. Transfer by a person of 20 years age under a guardian appointed by the court. 10
3. (a) Discuss meaning of the doctrine, “once a mortgage always a mortgage”. 10
(b) What do you mean by “contribution” ? Distinguish it with “marshalling.” 10+5
ADVERTISEMENTS:
4. (a) Describe the essentials of lease. How lease is affected ? 10+5
(b) What are onerous gifts ? When can a donee refuse the onerous and accept the beneficial gift ? Elaborate law on the point. 6+4
SECTION – B
5. (a) “Specific relief can be granted only for the purpose of enforcing individual civil rights.” Explain. 10
ADVERTISEMENTS:
(b) State, referring to relevant provisions, the circumstances when suit shall not lie for recovering possession of specific immovable property. 15
6. (a) When a person, not being the owner, may be compelled specifically to deliver a particular article of movable property to the person entitled ? 20
(b) What are the facts that the court shall presume in respect of any article of movable property for which claim for recovery has been made ? 5
7.(a) Who may obtain specific performance of contract? Elaborate. 15
ADVERTISEMENTS:
(b) Can a contract of settlement on on marriage be specifically enforced ? 10
8. (a) When a suit for cancellation of instruments shall lie? Can an instrument be partially cancelled ? 10+5
(b) State the ground, on which the court may pass declaratory decree. When it shall be refused by the court? 10
SECTION – C
ADVERTISEMENTS:
9. “Limitation bars the remedy but does not extinguish the rights.” Explain. 25
10. What do you mean by legal disability? State the law relating to legal disability of a child in womb. 15+10
11. Explain the effects of fraud and mistake on the prescribed period of limitation under the Limitation Act. 25
12. Describe the requirements of effective acknowledgment and its consequences.