Solved Paper | UPHJS Pre 2009 | Uttar Pradesh Higher Judicial Service (Preliminary) Exam- 2009

Tuesday, March 25, 2014

Uttar Pradesh Higher Judicial Service (Preliminary) Examination- 2009

Question Number: 11-20

11. You have to identify the particular Section of Transfer of Property Act to which the following quotation relates:

“where a granter has purported to grant an interest in land which he did not at the time possesses, but subsequently acquires, the benefit of his subsequent acquisition, goes automatically to the earlier grantee, or as it is usually expressed, feeds the estoppal.”
(A) Section 40
(B) Section 41
(C) Section 42
(D) None of the above

Ans: (D)

12. Section 53a of the transfer of Property Act, 1882 deals with-
(A) fraudulent transfer
(B) transfer by ostensible owner
(C) part performance
(D) None of the above

Ans: (C)

13. Determination of lease is dealt with under the Transfer of Property Act, 1882 in-
(A) Section 108
(B) Section 107
(C) Section 113
(D) Section 111

Ans: (D)

14. Section 52 of the Transfer of Property Act, 1882 imposes a prohibition on transfer or otherwise dealing of an property during the pendency of a suit, provided the conditions laid down in section are satisfied. The statement is:
(A) false
(B) true
(C) partly true
(D) None of the above

Ans: (B)

15. The definition of ‘Sale’ is contained in the Transfer of Property Act, 1882 in Section-
(A) 105
(B) 100
(C) 54
(D) None of the above

Ans: (C)

16. What would be the status of a lessee of an immovable property on the expiry of a fixed term lease, if he continues in possession?
(A) Unauthorised occupant
(B) Tenant of holding over
(C) Tenant of sufferance
(D) Licensee

Ans: (B)

17. Which of the following is not a condition for a valid gift of immovable property?
(A) Registered instrument signed by on behalf of the doner
(B) Consideration
(C) Attestation by at least two witnesses
(D) Acceptance of gift by donee during the lifetime of the doner

Ans: (B)

18. X, an owner of house at Aligarh, left Aligarh in the year 1970 after appointing Y as its care taker to look after the house. Y starts living in the said house with the knowledge of X. X brings an action in the year 2005 against Y for delivery of possession of the house in question. Y takes the plea that (1) the suit is barred by time and (2) he has perfected the title by adverse possession. State whether-
(A) suit is barred by time
(B) Y has perfected his title by adverse possession
(C) Y is liable to succeed on both the pleas (1) and (2)
(D) None of the above pleas is sustainable

Ans: (D)

19. The marriage may be solemnized between two Hindus if-
(A) bridegroom completes the age of 21 and bride completes 18 years
(B) bridegroom completes the age of 18 and bride completes 21 years
(C) bridegroom completes the age of 21 and bride completes 21 years
(D) bridegroom completes the age of 18 and bride completes 18 years

Ans: (A)

20. Hindu Marriage Act, 1955-
(A) Does not prescribe the ceremonies requisite for solemnization of marriage but leaves it to the parties to choose a form of ceremonial marriage which is in accordance with any custom or usage applicable to either party
(B) Does not prescribe the ceremonies requisite nor leaves it to the parties to choose
(C) Does prescribe the ceremonies and does not leave it to the parties to choose
(D) Does prescribe the ceremonies and at the same time leaves it to the parties to choose

Ans: (A)


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