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.

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

Property and Trust Law Questions

Multiple choice

A declaration under S. 34 of the Specific Relief Act can be sought by

  1. a stranger having no interest in the property

  2. a person whose legal character or a right to property is denied

  3. a person whose legal character or right to property is not denied

  4. All of the above
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Section 34 of the specific relief act states that any person entitled to any legal character or to any right as to any property may institute a suit against any person denying or interested to deny his title to such character or right and the court may in its discretion make therein a declaration that he is so entitled.

Multiple choice

Set-off can be

  1. legal set-off

  2. equitable set-off

  3. Both (a) and (b)

  4. Either (a) or (b)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Set off may be legal set off or equitable set off.

Multiple choice

‘A’ transferred a land to ‘B’ with a condition that if B sold it, he must sell it to ‘C’ and nobody else. The condition is

  1. void

  2. voidable

  3. legal

  4. voidable at the option of ‘C’
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void. 

Multiple choice

A suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the mortagaged property is called a suit for

  1. part performance

  2. election

  3. foreclosure

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

Under section 67 of the transfer of property act, it has been stated that a suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called a suit for foreclosure. 

Multiple choice

Which of the following statements is not correct in the context of transfer of property?

  1. It means an act by which a living person conveys property.

  2. He conveys property in present or in future.

  3. He conveys to one or more other living persons.

  4. He cannot transfer property to himself and one or more other living persons.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under section 5 of the transfer of property act, "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. 

Multiple choice

A mortgage by deposit of title deed is called

  1. anomalous mortgage

  2. English mortgage

  3. equitable mortgage

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

A mortgage by deposit of title deed is called equitable mortagage. An equitable mortgage is that in which the lender is secured by taking possession of all the original title documents of the property that serve as security for the mortgage. 

Multiple choice

For the purpose of making a gift of immovable property, the transfer must be effected by

  1. delivery of possession

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

  3. simple instrument

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

According to Section 123 of transfer of property act, (i)  for the purpose of making a gift of movable property, the transfer may be effected either by a registered instrument signed and attested by at least two witnesses or by delivery and (ii) 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, and attested by at least two witnesses.

Multiple choice

A lease of immovable property from year to year can be made by

  1. oral agreement

  2. oral agreement accompanied by delivery of possession

  3. simple instrument

  4. only a registered instrument
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

A lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent can be made only by a registered instrument.

Multiple choice

A Hindu female W dies and is survived be by her husband H, one son S, two revoked: unmarried daughters Dl and D2. How will the property of W be divided?

  1. Into four equal parts

  2. 1/2 to husband and remaining 1/2 to son and daughters

  3. 1/2 to son and remaining 1/2 to husband and daughters

  4. 1/3 to husband,1 1/3 to son and remaining 1/3 to daughters
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

A Hindu female W dies and is survived be by her husband H, one son S, two revoked: unmarried daughters Dl and D2. The property of W will be divided into four equal parts.

Multiple choice

A dies intestate and is survived by a son of predeceased half-blood brother S and a daughter of a full-blood predeceased sister D. How will S and D succeed the property?

  1. D will get entire property.

  2. S will get entire property.

  3. D and S both will get equal property.

  4. D will get 3/4th share and S will get 1/4th share.
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The act lays down some general rules of succession inter alia to the effect that heirs related to a male or female intestate by full blood are to be preferred to those related by half blood if the nature of relationship is the same in every other respect under section 18.

Multiple choice

A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries with F without consent but obtains consent afterwards. The legacy is

  1. valid as A has fulfilled the condition of vesting legacy

  2. not valid as A has not fulfilled the condition of vesting legacy

  3. Both (1) and (2)

  4. The condition is void ab-initio, hence no question of challenging legacy.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

A legacy is bequeathed to A on condition that he shall marry with the consent of B, C, and D. A marries without the consent of B, C and D. A has not fulfilled the condition.

Multiple choice

A deceased has made a specific bequest of part of his property. The executor not having assented to the bequest sells the subject of it. The sale is

  1. valid

  2. void

  3. voidable

  4. voidable at the discretion of executor only
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Section 310 of the Indian Succession Act, 1925 states that if any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold. 

Multiple choice

Where a person is in settled possession of property, even on the assumption that he had no right to remain on the property, he cannot be dispossessed by the owner. This relief is available in the Specific Relief Act under

  1. Section 6

  2. Section 11

  3. Section 9

  4. Section 8
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The relief is available under section 6 of the specific relief act. It has been stated under section 6 that if any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may by suit recover possession thereof, notwithstanding any other title that may be set up in such suit.