Law Legal Studies

Property and Trust Law

1,863 Questions

Property and trust law covers ownership rights, leases, adverse possession, and the transfer of assets. These legal principles are fundamental for judiciary exams, UPSC, and state PSCs. Practice these questions to understand property rights and related legal procedures thoroughly.

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Property and Trust Law Questions

Multiple choice

A transfer can be made in favour of an unborn person.

  1. Yes, by machinery of trust.

  2. Yes

  3. Guardian has got to be appointed first.

  4. None of these
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

As per Section 13 of Transfer of property Act, 1882, where on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer.

 

Multiple choice

Transferee of the part performance has right to protect his possession.

  1. Wrong

  2. Right can accrue only after payment of full consideration.

  3. Right

  4. Delivery of possession is not necessary.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Section 53A of Transfer of property act, 1882, where any person contracts to transfer for consideration any immovable property by writing signed by and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, and the transferee has performed or is willing to perform his part of the contract, then the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract.  

Multiple choice

What kind of transfer may be made orally?

  1. Gift of immoveable property

  2. Transfer of actionable claim

  3. Sale of immoveable property of value upward Rs. 100

  4. Surrender of lease
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Surrender of lease, that is to say, in case the lessee yields up his interest under the lease to the lesser, by mutual agreement between them. It doesn’t require a written instrument.

Multiple choice

Gift comprising of future property is valid.

  1. Right

  2. Wrong

  3. Gift property may be provided in future to validate it.

  4. Future gift will only be valid if donee accepts it.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (1) is incorrect: As per Section 124 of Transfer of Property Act, 1882, a gift comprising both existing and future property is void as to the latter. Option (2) is correct: Transfer is valid only to existing property and void related to future property. Option (3) is incorrect: Transfer is valid only to existing property and void related to future property. Option (4) is incorrect: Transfer of Property Act, 1882, completely makes the transfer of future property void. Donne’s acceptance does not make the gift valid.

Multiple choice

Provisions of Transfer of property Act shall be applicable

  1. where property is transferred in execution of decree of the court

  2. where the property of insolvent vests in Receiver by the order of the court

  3. where the property is transferred by the act of parties

  4. to intestate succession
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Section 5 of Transfer of property act, 1882, "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.  

Multiple choice

To be competent to transfer property it is not essential that

  1. person be major

  2. person be sound mind

  3. person is competent to contract

  4. transferable property of his own
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Transfer of property act, 1882, it is not required that that person transferring property must be the owner of the property. Even an agent can transfer property of his principle.

Multiple choice

For the purpose of making a gift of immoveable property the transfer must be affected

  1. by delivery of possession

  2. by a registered instrument signed by or on behalf of the donor and duly attested

  3. by simple instrument

  4. by simple instrument accompained by delivery of possession
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

As per Section 123 of Transfer of property act, 1882, for the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor.

Multiple choice

What kind of property is transferable?

  1. Right to re-entry

  2. Public Office

  3. Any kind of property if not prohibited by law

  4. Pension
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Transfer of property act, 1882, if law has not prohibited any property to transfer then it is a valid transfer.  

Multiple choice

The doctrine of Lis Pendens applies where

  1. the suit is collusive

  2. transfer is made after the decree of the trial court, but before the fillng of an appeal

  3. right to movable property is in question

  4. property is situated outside the territorial jurisdiction of the court
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (2) is correct: The pendency of any suit or proceedings in any court having authority within the limits of India, the suit or proceedings are not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred by any party to the suit or proceeding so as to affect the rights of any other party thereto, under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.

Multiple choice

A lends a farm to B on a condition that he shall walk hundred miles in an hour. Choose the correct option for the statement.

  1. The lease is void.

  2. The lease can be executed if B walks 100 miles in an hour.

  3. The lease can be executed.

  4. Conditional transfer can be made.

  5. Valid and conditional transfer can be made.

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option (1) is correct: According to Section 25 of Transfer of Property Act, 1882, an interest created on a transfer of property and dependent upon a condition fails if the fulfillment of the condition is impossible. Hence, the lease is void.

Options (2), (3) and (4) are incorrect: The lease cannot be executed at all and conditional transfer is not enforceable under law.

Multiple choice

A, believing in good faith that he is absolutely entitled thereto, sows crops on B's land. The crops are growing at the time of his eviction. A is entitled to

  1. whole of the crop

  2. half of the crop

  3. transfer of the land in his favour

  4. amount employee
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Option (1) is correct. According to Section 51 of Transfer of Property Act, 1882, when the transferee of immovable property has planted or sown on the property crops, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted there from by any person having a better title, the transferee has a right to require the person causing the eviction to have such crops and to free ingress and egress to gather and carry them. Option (2) is incorrect: A is entitled to whole of the crops. Option (3) is incorrect: A is not entitled to land in his favour. Option (4) is incorrect: A is not entitled to an amount employee.

Multiple choice

Which of the following is usufructuary mortgage?

  1. Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money.

  2. Where, without delivery of the possession to the mortgage, mortgagee retains the profit of the property.

  3. Where mortgagor binds himself to repay the mortgage money on a certain date.

  4. None of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Option (1) is incorrect: It is an ingredient of English mortgage. Option (2) is incorrect: It is an ingredient of English mortgage. Option (3) is incorrect: It is an ingredient of English mortgage. Option (4) is correct: Where the mortgagor delivers possession expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same in lieu of interest or in payment of the mortgage-money, or partly in lieu of interest or partly in payment of the mortgage-money, the transaction is called a usufructuary mortgage.