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Right of usufructuary mortgagor to recover possession -বিধানটি The Transfer of Property Act, 1882 এর কত ধারায় বর্ণিত হয়েছে?
ক
৬০
খ
৬০ বি
গ
৬১
ঘ
৬২
সঠিক উত্তর:
৬২
Under the provisions of section 60A of the Transfer of Property Act, 1882, where a mortgagor is entitled to redemption, he may require the mortgagee, instead of retransferring the property, to assign the mortgage debt and transfer the mortgaged property to such third person as the mortgagor may direct then the mortgagor:
ক
Is not bound to assign and transfer ccordingly
খ
Is bound to assign and transfer accordingly
গ
Is bound if the mortgagor assents
ঘ
None of the above
Choose the correct answer
(1) A trustee may also be a beneficiary and can be the sole beneficiary
(2) A trustee may also be a beneficiary, but cannot be the sole beneficiary
(3) A donor may also constitute himself a trustee, and though remaining in possession, may transfer legal possession by declaring his possession as donee's.
(4) A donor may also constitute himself a trustee, and though remaining in possession, cannot transfer legal possession by declaring his possession as donee's.
ক
(1), (3)
খ
(1), (4)
গ
(2), (3)
ঘ
(2), (4)
"Any person entitled to any legal character, or to any right as to any property, may institute a suit___' বিধানটি The Specific Relief Act, 1877 এর কোন ধারায় বর্ণিত হয়েছে?
ক
৮
খ
৯
গ
৪২
ঘ
৫৪
These are some characteristics of a usufructuary mortgage under section 58 of the Transfer of Property Act, 1882
(1) There is no personal liability on the mortgagor.
(2) No time limit is fixed.
(3) Mortgagee takes the whole or part of the rent and profits.
ক
Only (3) is relevant
খ
Only (2) is relevant
গ
Only (1) is relevant
ঘ
All are relevant
Within the meaning of section 66 of the Transfer of Property Act, 1882, mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate. The statement is:
ক
Wrong
খ
Correct
গ
Ambiguous
ঘ
None of the above
Section 63 of the Transfer of Property Act, 1882, refers to the mortgagor's rights to accessions made by mortgage, while the mortgagee's right to accessions made by the mortgagor is referred in
ক
Section 70
খ
Section 71
গ
Section 73
ঘ
Section 76
Under section 42 of the Transfer of Property Act, 1882 if a person has a right to transfer property, after exercising a right to revoke a previous transfer, a transfer of such property by him will imply an exercise of:
ক
Right of revocation
খ
Right of transfer
গ
Right of surrender
ঘ
None of the above
‘সময়ের দিক থেকে যিনি প্রথম হবেন, আইনের দিক থেকে তিনিই সুবিধা পাবেন’-The Transfer of Property Act, 1882 এর কোন ধারায় বিধানটি উল্লেখ আছে ?
ক
59A
খ
48
গ
56
ঘ
34
A', on 9
th
January, 2015 agrees to sell his immovable property to 'R' and out of the total sale consideration of Rs. 3,00,000/- receives a sum of Rs. 1,00,000/- from 'B' as advance payment and agrees to vacate the property and handover vacant peaceful physical possession thereof to 'B' and to execute the Sale Deed of the property in favour of 'B' on receipt of balance sale 'consideration' on or before 9
th
July, 2015. 'A' fails to vacate the property or to execute the Sale Deed or to deliver possession of the property to 'B'. 'B' after waiting patiently till 31
st
January, 2016, on 1
st
February, 2016 got issued a legal notice to 'A' to take the balance sale consideration and execute the Sale Deed and deliver vacant peaceful physical possession. 'A' vide his reply received by 'B' on 17
th
February, 2016 denies the agreement. The limitation of three years available to 'B' for instituting a suit for specific performance is:
ক
With effect from 9<sup>th</sup> January, 2015
খ
With effect from 9<sup>th</sup> July, 2015
গ
With effect from 17<sup>th</sup> February, 2016
ঘ
With effect from 1<sup>st</sup> February, 2016
Within the meaning of section 91 of the Transfer of Property Act, 1882, the word "mortgagor" means a mortgagor:
ক
Who has a subsisting interest in the mortgage
খ
Who has ex-interest in the mortgage
গ
Who has not substantial interest in mortgage
ঘ
None of the above