Transfer of Property Questions and Answers

Answer: A

The statement that is not true is All persons interested in the land in question shall appear personally before the Collector.

Under Section 21 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Collector's public notice requires persons interested to appear personally or by agent or advocate. Personal appearance is not compulsory, so the statement is wrong.

The other statements reflect the section: the notice must give a time of not less than thirty days and not more than six months for claims and objections, and the Collector must publish the notice on his website as well as at convenient places near the land.

Answer: C

The correct statement is that SIA and Gram Sabha consultation/consent are mandatory for ST land, and acquisition cannot proceed without consent.

Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, a Social Impact Assessment under Section 4 comes first, and the preliminary notification under Section 11 follows it. For land in Scheduled Areas, Section 41 requires the prior consent of the Gram Sabha, Panchayat or autonomous District Council concerned, and treats acquisition there as a last resort.

So the Gram Sabha's role is not merely advisory, owner consent alone cannot replace it, and the final declaration can never precede the SIA, because the SIA comes before even the preliminary notification.

Answer: A

Transfer of property is defined in Section 5 of the Transfer of Property Act, 1882: an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons.

Section 8 deals with the operation of a transfer, Section 11 with restrictions repugnant to the interest created, and Section 25 with the conditional transfer. None of these defines transfer of property.

Answer: D

Neither conclusion follows, according to the key. Statement II says that a living person includes a company, an association or a body of individuals, and Conclusion II says that it includes only a body of individuals, which contradicts the statement, so it cannot follow.

Conclusion I says that the transfer of property is discussed in the Transfer of Property Act, 1882. Statement I gives the definition but does not name the Act, so the keyed reading treats the Act's name as a fact the statements do not supply. The definition is in fact in Section 5 of the 1882 Act, so a reviewer may wish to check this key.