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
B Correct answer
Explanation

Option (1) is incorrect: Person in wrongful possession of such property. Option (2) is correct: As per Section 2(12) of the CPC, 'mesne profits' of property means are those profits received by a person in wrongful possession of such property. Option (3) is incorrect: Person in wrongful possession of such property. Option (4) is incorrect: Person in wrongful possession of such property.

Multiple choice
  1. take into account his income, size of monthly installment, and the location of the property

  2. take into account his income, size of monthly installment, as well as the location of the property

  3. take into account one's monthly income, size of installment, as well as the location of the property

  4. take into account one's income and amount of monthly installment, as well as the location of the property

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

Correct; removes pronoun error by using one's after using one; lists all the elements in a grammatically correct manner.

Multiple choice
  1. nominee

  2. last holder

  3. first holder

  4. as per the request of all the holders

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

In case of joint holdings, mutual fund redemption proceeds are paid to the first holder. This is standard practice to ensure clarity in payment and avoid complications. The first holder is considered the primary account holder and has the authority to receive payments and operate the account.

Multiple choice
  1. A suit for recovery of immovable property shall be instituted in the court in whose jurisdiction the property is situated.

  2. A suit for partition of immoveable property shall be instituted in the court in whose jurisdiction the defendant resides or works for gain.

  3. Both (1) and (2)

  4. Neither (1) nor (2)

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

Under Section 16 CPC, suits for recovery of immovable property must be instituted where the property is situated (territorial jurisdiction). However, suits for partition of immovable property may be filed where either the property is situated OR the defendant resides (Section 17 provides an exception for partition suits). Therefore, statement A is correct while B is incorrect.

Multiple choice
  1. attachment and sale of any property of the judgment debtor

  2. arrest and detention in prison of the judgment debtor for indefinite period

  3. Both (1) and (2)

  4. Neither (1) nor (2)

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

Under Section 51 CPC, money decrees can be executed by attachment and sale of property (movable or immovable), arrest and detention (ONLY for a limited maximum period, not indefinitely), or other specified modes. Option B is incorrect because it says 'indefinite period' - CPC limits detention. Therefore A is correct and C (which includes the incorrect B) is wrong.

Multiple choice
  1. judgment debtor carries on business within the jurisdiction of latter court

  2. judgment debtor has no property within the jurisdiction of the former court sufficient to satisfy such decree but has property within the jurisdiction of the latter court

  3. decree directs the sale of immovable property situated outside the local jurisdiction of the former court

  4. All of these

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

Section 39 of CPC provides three grounds for transfer of decree: (1) when judgment debtor carries on business within the latter court's jurisdiction, (2) when he has no property within former court's jurisdiction sufficient to satisfy decree but has property within latter court's jurisdiction, and (3) when decree directs sale of immovable property situated outside the local jurisdiction of former court. All three conditions independently authorize transfer, making 'All of these' the correct answer.

Multiple choice
  1. the person in breach to be detained in civil prison for indefinite period but not after the breach has ceased

  2. attachment of the property of the person in breach and, if the breach continues for more than one year, sell the attached property and award the entire sale proceeds to the injured party as compensation

  3. Both (1) and (2) are incorrect

  4. Both (1) and (2) are correct

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

Order 39 Rule 2(3) CPC allows court to detain person in civil prison for breach of injunction, but only while breach continues, not indefinitely after it ceases (making Option A incorrect). Order 39 Rule 2(j) provides for attachment and potential sale of property, but entire sale proceeds do not go to injured party as compensation - they're held by court (making Option B incorrect). Since both statements misstate the legal provisions, option C is correct.

Multiple choice
  1. transfer of the property was made

  2. person in possession is served notice

  3. ward attains majority

  4. person in possession refuses to hand over possession

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

Under Article 60(1) of the Schedule to the Limitation Act, 1963, a suit by a ward (upon attaining majority) to set aside a transfer of property made by their guardian must be filed within three years. The limitation period begins when the ward attains majority, not from the date of transfer or other events. This is because during minority, the ward lacks legal capacity to challenge the guardian's actions. The clock only starts when the disability (minority) ends and the ward gains full legal capacity to sue. Serving notice on the possessor or refusal to hand over possession are irrelevant starting points for calculating this specific limitation period.

Multiple choice
  1. ‘A’ may prove want of title at the time of sale

  2. ‘A’ cannot be allowed to prove want of his title

  3. It depends on the value of the property

  4. All these are incorrect

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

This is an application of the doctrine of estoppel. 'A' intentionally misrepresented that he owned the land, inducing 'B' to purchase it from him. Later, when 'A' actually acquired title to the land, he sought to set aside the sale by claiming he had no title at the time of sale. The law will not allow 'A' to take advantage of his own fraud - he is estopped from denying the title he represented he had when he induced 'B' to buy. The principle is that a person cannot approbate and reprobate - cannot benefit from their own wrongdoing. Even though 'A' technically lacked title at sale time, equity prevents him from proving this to 'B's' detriment.

Multiple choice
  1. Possession whereof was obtained by cheating.

  2. Possession whereof was obtained by robbery.

  3. Possession whereof was obtained by extortion.

  4. Possession whereof was obtained by criminal breach of trust.

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

Under Section 410 IPC, stolen property means property obtained by committing any offence punishable under Chapter XII (offences relating to coin, stamps, and government property) or Chapter XVII (offences against property) which includes robbery, extortion, and criminal breach of trust. Cheating is covered under Chapter XVII but obtaining possession through cheating does not fall within stolen property definition.

Multiple choice
  1. testamentary succession

  2. intestate succession

  3. partition

  4. family arrangement

  5. None of the above

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

Intestate succession of property is explained as when a person dies without leaving a will. It is based on the law of inheritance. Rule of inheritance determines the mode of devolution of property of the deceased on the heirs, solely on the basis of their relationship to the deceased.