Law Legal Studies

Property and Trust Law

1,910 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.

Adverse possession principlesFee simple absolute ownershipMesne profits legal codeHOA community regulationsReal estate appraisal rules

Property and Trust Law Questions

Multiple choice
  1. unlawful possession of the property

  2. wrongful possession of the property

  3. lawful possession of the property

  4. effective possession of the property

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

Under Section 2(12) of CPC, mesne profits are profits received by someone in unlawful possession of property. The key word is 'unlawful' - it refers to wrongful possession without legal right. Wrongful possession is similar but 'unlawful' is the precise legal term used in the statute.

Multiple choice
  1. Right of lien

  2. Right of Re-sale

  3. Right of Stoppage in transit

  4. Right to Sue

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

The unpaid seller's right of stoppage in transit (Section 50) becomes available only upon the buyer's insolvency. Unlike other rights such as lien (Section 47) or re-sale (Section 54), stoppage in transit specifically requires that the buyer has become insolvent as a precondition for its exercise.

Multiple choice
  1. birth

  2. inheritance

  3. marriage

  4. None of the above

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

Under Hindu law, coparcenary property is joint family property in which interest is acquired by birth. A child becomes a coparcener by virtue of being born into the family, not by inheritance or marriage. This is a fundamental principle of Mitakshara school of Hindu law. Inheritance becomes relevant only upon the death of a coparcenary, and marriage does not create coparcenary rights. Interest by birth is what distinguishes coparcenary from other forms of property holding.

Multiple choice
  1. Accumulate

  2. Store

  3. Pile

  4. Dole

  5. .

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

This is the correct option. To ‘accumulate’ something is to gather together a quantity of something.

Multiple choice
  1. Hiba

  2. Aariat

  3. Sadaqa

  4. Hiba – ba – sharat – ul – iwaz

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

Hiba is a Muslim gift - voluntary transfer of property without consideration. Aariat and Sadaqa are other Islamic gift concepts. Hiba-ba-sharat-ul-iwaz is a gift with exchange/condition. The definition matches Hiba exactly.

Multiple choice
  1. stolen property

  2. entrusted property

  3. illegally acquired property

  4. movable property

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

Criminal breach of trust (Section 405 IPC) specifically deals with property that has been entrusted to the offender. The essence of this offence is the betrayal of trust - when someone dishonestly misappropriates or converts property they were lawfully entrusted with. It differs from theft which involves taking property without consent.

Multiple choice
  1. compulsory

  2. optional

  3. compulsory in relation to ancestral property

  4. depends on the court

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

Under Section 17 of the Registration Act, 1908, the registration of a gift of immovable property is compulsory. A gift deed must be registered to be valid, ensuring proper documentation of property transfers and preventing fraud through unregistered transfers.

Multiple choice
  1. A can revoke this authority

  2. authority can be terminated by the insanity of A

  3. authority can be terminated by the death of A

  4. A cannot revoke this authority nor can it be terminated by his death or insanity

  5. None of the above

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

Option (1) is incorrect: A cannot revoke this authority. Option (2) is incorrect: Authority cannot be terminated even if A becomes insane. Option (3) is incorrect: Authority cannot be terminated even if A dies. Option (4) is correct: If the contract is not expressed, then A cannot revoke this authority nor can it be terminated by his death or insanity.

Multiple choice
  1. remains with the pledger

  2. is transferred to the pledgee

  3. cannot be transferred to the pledgee under any circumstances

  4. Both (1) and (3)

  5. None of these

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

Option (1) is correct: In a pledge, ownership of property or goods remains with the pledger. Option (2) is incorrect: Never transferred to the pledgee Option (3) is incorrect: It cannot be transferred to the pledgee under any circumstances.

Multiple choice
  1. conditional transfer

  2. vested interest

  3. rule against perpetuity

  4. None of these

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

Option (1) is incorrect: Section 25 of the Transfer of Property Act deals with conditional transfer. Option (2) is incorrect: Section 19 of the Transfer of Property Act deals with vested interest. Option (3) is correct: Section 14 of the Transfer of Property Act deals with rule against perpetuity. 

Multiple choice
  1. Section 38 of the Transfer of Property Act, 1882

  2. Section 39 of the Transfer of Property Act, 1882

  3. Section 40 of the Transfer of Property Act, 1882

  4. Section 41 of the Transfer of Property Act, 1882

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

Option (1) is incorrect: Section 38 of the Transfer of Property Act, 1882 states provision of transfer by person authorised only under certain circumstances to transfer. Option (2) is incorrect: Section 39 of the Transfer of Property Act, 1882 states provision of transfer, where third person is entitled to maintenance. Option (3) is incorrect: Section 40 of the Transfer of Property Act, 1882 states burden of obligation imposing restriction on use of land. Option (4) is correct: The transfer by ostensible owner is provided under Section 41 of the Transfer of Property Act, 1882.

Multiple choice
  1. By oral intimation

  2. By written notice

  3. By sending agent

  4. By telephonic intimation

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

Option (1) is incorrect: Under Transfer of Property Act, 1882, lease cannot be terminated orally. Option (2) is correct: Lease can be terminated by giving notice in writing. Option (3) is incorrect: Lease cannot be terminated by sending an agent. Option (4) is incorrect: Lease cannot be terminated on telephonic communication.

Multiple choice
  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.