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

A mortgage by deposit of title deeds 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

Where a person in any of the following towns, namely, the towns of Calcutta, Madras and Bombay, and in any other town which the State Government concerned may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immovable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title deeds.  
 

Multiple choice

A lease of immovable property from year to year or exceeding one year can be made

  1. only before Notary

  2. valid if executed before the magistrate

  3. effective if agreement is made by the parties

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

As per Section 107 of the Transfer of Property Act, 1882, 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

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
C Correct answer
Explanation

Option (1) is incorrect: Section 6 of the Specific Relief Act deals with suit by persons dispossessed of immovable property. Option (2) is incorrect: Section 11 of the Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable. Option (3) is correct: This relief is available in the Specific Relief Act under Section 9. Option (4) is incorrect: Section 8 of the Specific Relief Act deals with liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.

Multiple choice

Section 52 of the Transfer of Property Act, 1882 imposes a prohibition on transfer or otherwise dealing of a property during the pendency of a suit, provided the conditions laid down in section are satisfied. The statement is

  1. false

  2. true

  3. partly true

  4. Cannot be determined
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Section 52 - Transfer of property pending suit relating thereto: During the pendency in any court having authority within the limits of India (excluding the State of Jammu and Kashmir Government or established beyond such limits) by the Central Government of any suit or proceedings, which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding. Thus it is true and option (2) is correct.

Multiple choice

Which of the following is not a condition for a valid gift of immovable property?

  1. Registered instrument signed on behalf of the donor

  2. Consideration

  3. Attestation by at least two witnesses

  4. Acceptance of gift by donee during the lifetime of the donor
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The maxim of ‘No consideration, no contract’ is not applicable for gift. The other conditions are required. Thus (2) is the correct option as consideration is not required.

Multiple choice

What would be the status of a lessee of an immovable property on the expiry of a fixed term lease if he continues possession?

  1. Unauthorised occupant

  2. Tenant of holding over

  3. Tenant of sufferance

  4. Licensee
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Since the fixed period for lease has been over, so the lessee will be called tenant of holding over. He is no more the licensee as the period of lease has been over. Tenant of sufferance means the lease period has not been over but the owner is demanding to vacate the lease.

Multiple choice

Which of the following is not a ground of eviction of tenant by a landlord?

  1. The tenant has not paid the rent within 15 days after the expiry of the time fixed in the agreement of tenancy.

  2. The tenant has committed such acts as are likely to impair materially the value of the building.

  3. The tenant has been guilty of such acts and conduct as are nuisance to the occupiers of the building in the neighbourhood.

  4. The tenant has ceased to occupy the building or rented land for a period of 6 months without reasonable cause.
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (3) is correct. If a tenant has been guilty of misconduct or nuisance to neighbourhood or has done such act as may impair the value of the building or unable to occupy the building within a said period, then these can be the ground for such notice.

Multiple choice

A deposit under Section 21 shall not be accompanied by an application by a tenant containing which of the following particulars?

  1. The name and address of the tenant or persons claiming to be tenants

  2. The building or rented land for which the rent is deposited with a description sufficient for identifying the building or rented land

  3. The period for which the rent is deposited

  4. The name and address of the landlord or persons claiming to be entitled to such rent
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The name and address of a tenant is not required. Thus, (1) is the correct option. Other particulars are required.

Multiple choice

Which of the following statements is incorrect?

  1. Any kind of personal property, which is movable and saleable, can be the subject matter of pledge.

  2. Delivery of possession, actual or constructive, is necessary for a pledge.

  3. Any kind of personal property either movable or immovable can be the subject matter of pledge.

  4. None of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

(C) Only movable property can be the subject matter of pledge.

Multiple choice

Under Section 14(1c), which of the the following is not a ground available to a landlord to seek eviction of a tenant?

  1. To carry out building work at the instance of the government

  2. If it has become unsafe or unfit for animal habitation

  3. If it required bonafide for carrying out repairs, which cannot be carried out without the building being vacated

  4. If the building is required bonafide by him for the purpose of re-building, which cannot be carried without the building being vacated
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Option (2) is correct. If a owner needs to carry out building work for govenment purposes or to carry repair or re-building work, then he can take steps for eviction of property.

Multiple choice

Under the Specific Relief Act, a suit for recovery of possession can be filed

  1. only in respect to a movable property

  2. only in respect to an immovable property

  3. Both (1) and (2)

  4. None of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Option (1) is incorrect: A suit for recovery of possession can be filed for both immovable property and movable property. Option (2) is incorrect: A suit for recovery of possession can be filed for both immovable property and movable property. Option (3) is correct: Under the Specific Relief Act, a suit for recovery of possession of immovable property and movable property can be filed under Section 5 and Section 7, respectively.

Multiple choice

Transfer of right to enjoyment of property for certain time is in consideration of price paid or promised to pay is called

  1. mortgage

  2. lease

  3. sale

  4. None of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

It is a lease agreement. A lease is the transfer of right to enjoy such property for a certain time. Thus, (2) is the correct option. A sale is the transfer of right for uncertain or indefinite period of time until such rights are further sold. A mortgage is the security for a loan agreement.