Property and Trust Law

Option (1) is incorrect: Liable to attachment and sale in execution of a decree Option (2) is incorrect: Liable to attachment and sale in execution of a decree Option (3) is correct: Under Section 60 of the CPC, books of accounts shall not be liable to such attachment or sale in execution of decree. Option (4) is incorrect: Liable to attachment and sale in execution of a decree

Option (3) is correct: Under Section 2(11) of the CPC, a ‘legal representative' means a person who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased, and where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued.

Option (3) is correct: Under Section 16 of the CPC, read with proviso, a suit to obtain compensation for wrong to the property may be instituted either at Bhopal or at Indore.

It is the right answer.

The term ‘sale’ in the Transfer of Property Act, 1882 is defined in section 54 as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

The statement is true.

This question appears to reference Section 17 of the Specific Relief Act (likely Indian law), which states that contracts to sell or let property by someone without title are not specifically enforceable. The phrasing in option A matches this legal principle.

The Specific Relief Act, 1963 defines all three terms mentioned: obligation (Section 2(e)), trustee (Section 2(f)), and trust (Section 2(g) via reference to Trusts Act). Since all terms are actually defined, 'None of these' is correct - none of the options A-C are undefined.

Under the Specific Relief Act, 'trustee' is defined to include every person holding trust property. The definition is functional - it focuses on who holds the property rather than formal designation. A tenant, even if in possession, is not holding property 'in trust' - tenants have possessory rights, not fiduciary duties.

Section 5 of the Specific Relief Act specifically deals with 'Recovery of specific immovable property.' It provides a remedy for persons entitled to possession of specific immovable property. Section 6 (the dispossession remedy) is a separate provision for a different situation.

Section 7 of the Specific Relief Act provides for 'Recovery of specific movable property.' This is distinct from Section 5 which covers immovable property. Movable property recovery follows different procedures under the Civil Procedure Code.

Recovery of specific movable property under Section 7 follows the procedure prescribed in the Civil Procedure Code, 1908 (CPC). The CPC provides the detailed mechanism for filing suits, recovery processes, and execution of decrees. Criminal Procedure Code (CrPC) applies to criminal matters, not civil property disputes.

The correct preposition is 'from' - we derive something 'from' a source. This is standard usage when indicating origin or source. Options A (of), B (in), and D (to) don't correctly show the source-relationship in this context.

Under the Code of Civil Procedure, the objective of attachment before judgment must be to prevent future transfer or alienation. 

A receiver is a person appointed by a court or judge thereof to take charge of a property during the pendency of a civil action or upon a judgment or order therein and to manage and dispose of it as the court may direct.