What May Be Transferred Questions and Answers

Answer: C

The apportionment of periodical payments on the determination of the interest of the person entitled to them is dealt with in Section 36 of the Transfer of Property Act, 1882, which says that such payments, such as rent or interest, accrue from day to day and are apportioned accordingly.

Section 42 deals with a different kind of transfer, by a person with authority to revoke a former transfer, and Sections 61 and 72 belong to the chapter on mortgages. None of them deals with the apportionment of periodical payments.

Answer: B

Apportionment of periodical payments on determination of the interest of the person entitled is the heading of Section 36 of the Transfer of Property Act, 1882: periodical payments such as rent, annuities and dividends are considered to accrue from day to day and are apportionable accordingly.

Section 42 deals with a transfer by a person with authority to revoke a former transfer, Section 38 with a transfer by an unauthorised person who afterwards acquires interest, and Section 40 with the burden of an obligation imposed on immovable property by contract. They are different provisions in the same general part of the Act.

Answer: C

Transfer of raiyati rights is governed by Section 20 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949.

Section 20 bars any transfer by a raiyat of his right in his holding, by sale, gift, mortgage, will, lease or any other contract, unless the right to transfer is recorded in the record-of-rights, and lets the Deputy Commissioner evict a transferee who took the land in breach of it.

Section 21 is the exception for usufructuary mortgages (bhugut-bandha) by non-aboriginal raiyats, which is why it is the most tempting wrong answer.