Quiz 3: Advanced — Sale Deeds and Property Conveyance

Question 1 of 5

A husband and wife hold property as joint owners. The wife executes a sale deed alone. Effect?

AValid because the wife has independent ownership rights BThe sale transfers only the wife's own share; the husband's share is not affected CVoid ab initio DValid for 30 days pending the husband's ratification

Question 2 of 5

A buyer discovers that the seller had granted an unregistered mortgage before the sale. Under the Registration Act, mortgagee's position?

APriority over the buyer's sale BNot enforceable against a subsequent buyer without notice; the buyer may hold the property free of the mortgage CFully enforceable regardless of the sale DMortgagee can only claim from the seller, not the buyer

Question 3 of 5

A sale deed inadvertently omits a portion of the property (a garage) that was intended to be included. Both parties acknowledge the intent. Appropriate remedy?

AThe buyer must accept the deed and negotiate for the garage separately BExecute a supplemental deed of rectification correcting the description, or pursue rectification through court if a party refuses CThe sale deed is void due to incomplete description DThe garage automatically passes as an appurtenance

Question 4 of 5

A buyer purchases through a registered sale deed but does not complete mutation. Two years later, the seller's creditor obtains a decree against the seller and moves to attach the property. Buyer's position?

ANo defence because mutation was not completed BDefend the attachment by producing the registered sale deed as evidence of ownership; mutation is a revenue record update, not the source of title CMust forfeit the property DCan only recover damages from the seller

Question 5 of 5

A sale deed includes a covenant for further assurance. Ten years later, an issue arises requiring the seller to execute a corrective document. The seller has moved abroad. Buyer's position?

AThe covenant is unenforceable after 10 years BThe covenant survives; the buyer can seek to compel the seller (through Indian legal proceedings and service abroad) to execute the corrective document, though enforcement is practically challenging CThe covenant terminated when the seller ceased business DThe buyer must obtain a court declaration of title instead

Quiz 3 — Advanced