Transfer of Property Act (TPA) MCQs with Answers

The Transfer of Property Act, 1882 (Act No. 4 of 1882) is the fundamental statutory enactment governing inter vivos transfers between living persons in India. Across 137 sections and 8 chapters, the statute regulates the general principles of property conveyance, alongside specific transactions including sales, mortgages, leases, exchanges, and gifts.

Chapter II establishes general principles applicable to property alienability. Section 5 defines transfer as an act conveying property to living persons or oneself. Section 6 specifies non-transferable interests, barring the transfer of a mere chance of an heir succeeding (spes successionis under Clause a), easements apart from dominant heritage (Clause c), and mere rights to sue (Clause e). Under Section 44, a co-owner may transfer an undivided share, subject to the rule preventing strangers from claiming joint possession of an undivided family dwelling-house.

Equitable doctrines in Chapter II form the backbone of judicial exam questions. Section 52 codifies lis pendens, derived from Bellamy v. Sabine, establishing that property under litigation cannot be transferred so as to affect the rights of parties under any decree. Section 53A codifies the doctrine of part performance (Maddison v. Alderson), providing a statutory shield to transferees who have taken possession in furtherance of a written contract and performed their covenants.

Specific modes of conveyance are detailed in subsequent chapters. Section 54 defines sale, requiring a registered instrument whenever tangible immovable property exceeds one hundred rupees in value. Section 58 classifies mortgages into six distinct statutory types: simple mortgage, mortgage by conditional sale, usufructuary mortgage, English mortgage, mortgage by deposit of title deeds, and anomalous mortgage. The mortgagor's right of redemption is safeguarded under Section 60, anchored by the equity maxim "once a mortgage, always a mortgage."

Leases are defined under Section 105 as transfers of a right to enjoy property in consideration of rent or premium. Section 106 prescribes statutory termination notices: six months for agricultural or manufacturing leases, and fifteen days for other tenancies. Gifts are governed by Section 122, requiring voluntary transfer without consideration, accepted by the donee during the donor's lifetime.