Question Details

Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.


PRINCIPLE: Under the Transfer of Property Act, 1882 a property must be transferred by one living person to another living person. The Act deals only with transfer of property between living persons.

FACTS: 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.

Options

A

Transfer of property by 'X' will be valid

B

Transfer of property by 'X' will be invalid

C

Transfer of property by 'X' to the presiding deity will become a valid transfer to 'A'

D

None of the above is correct.

Show Answer

Correct Answer :

Option B

Transfer of property by 'X' will be invalid

Solution :

Correct Answer: Transfer of property by 'X' will be invalid


Explanation:

1. Analysis of Principle:
The provided principle explicitly states that under the Transfer of Property Act, 1882, a property must be transferred by one living person to another living person. The scope of the Act is restricted strictly to transfers between living persons (inter vivos).

2. Application of Principle to Facts:
Here, 'X' attempts to transfer his property to the presiding deity of a temple. A presiding deity is an idol/juristic entity and not a "living person". Thus, transferring property to a deity fails to fulfill the prerequisite of transferring property between living persons.

3. Conclusion:
Because a deity is not a living person under the given principle, the transfer of property by 'X' will be invalid.

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