The question (15 marks)
Every conveyance is built on the same skeleton, yet a sale, an exchange, a gift, a lease and a mortgage are five different transactions. Set out the components of a deed in their proper order, explain what each component does, and show how the operative words alone decide which of these transactions the document effects. (15 marks)
MU Module I, 1.1-1.6; pack ch. 01, anatomy of a deed and the operative clauses.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Conveyances, Registration and Partnership of Drafting, Pleading and Conveyancing – II.
Authorities you will need
- Transfer of Property Act 1882, section 3 (attestation)
- Transfer of Property Act 1882, sections 54 and 55 (sale)
- Transfer of Property Act 1882, section 58 (mortgage and its kinds)
- Transfer of Property Act 1882, sections 105 and 107 (lease)
- Transfer of Property Act 1882, sections 118 and 120 (exchange)
- Transfer of Property Act 1882, sections 122 and 123 (gift)
- Indian Easements Act 1882, section 52 (licence)
- Registration Act 1908, sections 17 and 18
- Indian Stamp Act 1899, sections 2(14), 17, 33 and 35
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.