The question (12 marks)
Vivek borrows money from Nandini and executes an unregistered writing in which he sells his shop to her outright. On the same day Nandini signs a separate letter promising to reconvey the shop to Vivek if he repays the loan with interest within three years. Vivek repays within time; Nandini refuses to reconvey and claims to be the owner. (a) What is the legal character of the transaction, and why? (b) What is the effect of the writing not having been registered, and what use may be made of it in court? (12 marks)
MU Module I, 1.2 and 1.7; pack ch. 01, conditional sale proviso and the effect of non-registration.
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 58(c) and its proviso
- Transfer of Property Act 1882, section 54
- Transfer of Property Act 1882, section 59
- Transfer of Property Act 1882, section 60
- Registration Act 1908, section 17(1)(b)
- Registration Act 1908, section 49 and its proviso
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.