Property and Trust Law

Ostensible owner is not the real owner, but the real owner of the property permits him to hold himself out as a real owner. 

If the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the codicil, he is entitled to receive that specific thing only. B is entitled to one legacy of 5,000 rupees only.

Under the Specific Relief Act, a suit for recovery of possession can be filed in respect of both movable and immovable property.

The term ‘donatio mortis causa’ refers to a death-bed gift made by a dying person or othwerwise in contemplation of death and conditional thereon with the intent that the person receiving the gift shall have the thing if death ensues.

Right of redemption is the right which every mortgagor possesses, which is created by virtue of the mortgage deed.

Doctrine of redemption is based on a rule of justice, equity and good conscience.

Under Section 58 of the Transfer of property act, all kinds of mortagage mentioned above are provided.

A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage provided under Section 58 of the Transfer of Property Act.

The term sale is defined under Section 54 of the Transfer of Property Act. Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

According to Section 3 of the Transfer of Property Act, "Immovable Property" does not include standing timber, growing crops or grass.

Option (1) is correct: These are two separate things. A property may be transferred, but possession may not be and vice versa.

Option (3) is correct: There is no transfer of ownership in case of bailment. It involves transfer of possession only.

Under Section 60 of the CPC, certain properties are exempt from attachment and sale in execution of a decree. Books of account and professional tools are protected to ensure the judgment debtor can continue their livelihood and maintain necessary records.

A legatee is a person who receives a legacy or bequest from a will.

Option (3) is correct: The contract of bailment is different from sale as bailment includes transfer of possession only whereas sale includes transfer of ownership and possession both.