Previous year Orissa Judiciary Service 2010, Law of Property main written examination question paper

Orissa Judicial Service (O.J.S. – 2010)

LAW OF PROPERTY

Time – Three Hours

Full Marks – 150

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

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

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

(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

(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

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.