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.