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Under section 105 of the Transfer of Property Act 1882, a transfer of the right to enjoy immovable…

Section 105 defines a lease by transfer of the right to enjoy immovable property for the agreed duration and consideration, with acceptance by the transferee. Section 58(a)…

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Under section 105 of the Transfer of Property Act 1882, a transfer of the right to enjoy immovable property for a certain time, accepted on agreed terms in consideration of a price paid or promised, is called what?

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Answer and explanation

Correct answer C

Section 105 defines a lease by transfer of the right to enjoy immovable property for the agreed duration and consideration, with acceptance by the transferee. Section 58(a) instead concerns security for a pecuniary obligation; an actionable claim and a licence do not fit the stated transaction.

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Option A

A mortgage transfers an interest to secure payment or a pecuniary obligation; that security purpose is absent.

Option B

An actionable claim is a qualifying claim to debt or beneficial interest in movable property, not this transfer of enjoyment.

Option C

Section 105 defines this arrangement as a lease.

Option D

A licence is permission without an interest in the property; the stated transfer is a lease.

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