Property Law MCQs for Law Aspirants: Solved High-Quality MCQs for Judiciary Prelims

Property Law - Solved High-Quality MCQs for Judiciary Prelims

Q.1) Which section of the Transfer of Property Act deals with conditional transfers?

[A] Section 22

[B] Section 23

[C] Section 24

[D] Section 25

Q.2) Which of the following transfers is void?

[A] A transfers Rs. 500 to his niece C if she will desert her husband

[B] A promises to give a house to his daughter B, provided she marries a young man with his proposal

[C] A gift is made to A on condition that she marries B

[D] A property is transferred to B, but if B digs any excavation, so as to diminish the value of the property, he is to forfeit his interest

Q.3) A gives Rs. 500 to B on condition that he shall marry A's daughter C. At the date of the transfer, C was dead. The transfer is:

[A] Voidable

[B] Void

[C] Valid

[D] Enforceable

Q.4) Which section of Transfer of Property Act enunciates the doctrine of acceleration and doctrine of conditional limitation?

[A] Section 27 and section 28

[B] Section 23 and section 28

[C] Section 28 and section 29

[D] Section 29 and section 30

Q.5) Section 37 of the Transfer of Property Act on Apportionment of the benefit of obligation on severance is based on:

[A] Doctrine of Election

[B] Doctrine of Substituted Security

[C] Doctrine of Marshalling

[D] Doctrine of Contribution

Q.6) Ulterior transfer implies:

[A] A transfer effected by a conditional limitation

[B] Further Transfers in respect of the same property as a part of the same transaction

[C] A transfer effected by a condition which divests an estate from one person and vests it in another

[D] All of the above

Q.7) A man gifts his property to a temple, subject to the condition, on the death of his wife. What is created by the transaction?

[A] Spes successionis

[B] Contingent Interest

[C] Vested Interest

[D] None of the above

Q.8) X transfers his field to Y, with a proviso that if Y does not set fire to Z's house within 60 days, the field will belong to A.

[A] The disposition to A is invalid

[B] The disposition to A is not valid, but the interest of Y is not affected

[C] The disposition to A is valid

[D] None of the above

Q.9) Charge can be created by:

[A] Act of parties

[B] Operation of Law

[C] Both 1 and 2

[D] Neither 1 nor 2

Q.10) The doctrine of election is laid down in the Transfer of Property Act in:

[A] Section 30

[B] Section 33

[C] Section 34

[D] Section 35

Q.11) Election under Property Law implies:

[A] Choosing between two rights where there is a clear intention that both were not intended to be enjoyed

[B] Transfer under one condition where there are two conditions

[C] Choosing one party for the transfer where there are two parties

[D] None of the above

Q.12) Mark the incorrect statement in relation to the doctrine of election:

[A] This rule will apply only when two properties are transferred by the same deed

[B] The owner of the property should get a direct benefit from the transfer

[C] The person professing to transfer property should have a right to transfer

[D] The period of limitation for election is one year

Q.13) Which of the following is a leading case on the doctrine of election:

[A] Kapoor v. Kapoor

[B] Satyendra Nath Thakur v. Neelkanth Mishra

[C] Ramanand v. Ramamani

[D] All of the above

Q.14) Which section of Transfer of Property Act deals with the apportionment of periodical payments as between the transferor and the transferee?

[A] Section 35

[B] Section 36

[C] Section 37

[D] Section 38

Q.15) When property is transferred, what is to be apportioned between the transferor and the transferee?

[A] Rents, annuities, pensions

[B] Rents, annuities, pensions and dividends

[C] Rents and annuities only

[D] None of the above

Q.16) The doctrine of election is applicable to:

[A] Hindus

[B] Muslims

[C] Christians

[D] All of the above

Q.17) Which of the following is not an essential condition under Section 38, Transfer of Property Act?

[A] Transferor has the full power of alienation over the property under any circumstances

[B] Transferor can dispose of property only under special circumstances

[C] Transfer of property for consideration

[D] The transferee must act in good faith

Q.18) Mark the incorrect matching:

[A] Transfer by a person authorized only under certain circumstances to transfer: Section 38

[B] Transfer by an ostensible owner: Section 41

[C] Transfer by a person having authority to revoke a former transfer: Section 42

[D] Transfer by co-owners: Section 48

Q.19) A lease of immovable property from year to year is terminable on the part of the lessor or lessee by the notice:

[A] One month

[B] Six months

[C] Three months

[D] Sixty days

Q.20) In which of the following cases, it was held that a natural or de facto guardian can transfer an immovable property on minor's behalf?

[A] Hanooman Persad v. Mst. Babooi

[B] Satyendra Nath Thakur v. Neelkanth Mishra.

[C] Ram Nand v. Ramamani

[D] None of the above

Q.21) A, a natural guardian of a Hindu minor, sold the property of the minor to D. The minor sold his right in the property to G after attaining maturity. G filed a suit against D for avoiding the sale and getting possession of the property.

[A] G cannot succeed

[B] G can succeed if A joins him in the suit, both taking the defences provided under section 38

[C] G can succeed if D cannot prove any legal necessity or that he made reasonable inquiries

[D] None of the above

Q.22) Under which section of the Transfer of Property Act, is a right of maintenance enforced against transferees of the property from which the maintenance is recoverable:

[A] Section 38

[B] Section 40

[C] Section 39

[D] Section 42

Q.23) Which of the following is a restrictive covenant?

[A] A covenant which runs with the land

[B] A covenant which runs with the water

[C] A covenant which never runs with the land

[D] None of the above

Q.24) The provision of transfer by ostensible owner is provided in the Transfer of Property Act, 1882 in:

[A] Section 41

[B] Section 49

[C] Section 52

[D] Section 58

Q.25) Section 36 of the Transfer of Property Act is related to:

[A] Election

[B] Cy-pres

[C] Accretion

[D] Apportionment

Q.26) Two persons mutually transfer the ownership of one thing for the ownership of another for no consideration, the transaction is called:

[A] Gift

[B] Exchange

[C] Sale

[D] Lease

Q.27) In case of transfer of property under the Transfer of Property Act, 1882, if the ulterior disposition is not valid then:

[A] The prior disposition is affected by it

[B] The prior disposition is not affected by it

[C] No such condition prevailed under the Transfer of Property Act, 1882

[D] None of the above

Q.28) A transfer a garden to B for her life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. Decide the case in the light of Transfer of Property Act, 1882:

[A] B loses his life interest in the firm

[B] B does not lose his life interest in the firm

[C] No such provision is made under the Transfer of Property Act, 1882

[D] None of the above

Q.29) The foundation of the doctrine of election under the Transfer of Property Act, 1882 is that a person taking the benefit of an instrument:

[A] Must bear the burden

[B] must not bear the burden

[C] Burden is not the subject of election

[D] None of the above

Q.30) The rule of election under the Transfer of Property Act, 1882, as applied to Will is enacted in sections 180 and 192 of the:

[A] Indian Succession Act, 1925

[B] Indian Registration Act, 1908

[C] Sale of Goods Act, 1930

[D] General Clauses Act, 1897

Q.31) In which of the section of the Transfer of Property Act, the 'Doctrine of Consolidation' is incorporated?

[A] Section 60

[B] Section 61

[C] Section 62

[D] Section 63

Q.32) Section 38 of the Transfer of Property Act, 1882, has no application:

[A] to previous transfer where the transaction is still incomplete

[B] To succeeding transfer where the transaction is to be completed in future

[C] To perpetuity transfer

[D] None of the above

Q.33) Under section 39 of the Transfer of Property Act, 1882 the provision is made for transfer where the third person is entitled to maintenance. In this context, the court held that the right of maintenance, even of a Hindu widow, is an identified right which falls short of a charge. This was decided in the case of:

[A] Ramanandan v. Rangammal, (1889) 12 Mad 260

[B] Ram Kumar v. Ram Dai, (1900) 22 All 326

[C] Rachawa v. Shiva Yogoda, (1893) 18 Bom 679

[D] None of the above

Q.34) B transfers some property to C with a condition that in case A marries during B’s lifetime the property will go to B. A marries during B’s life. Which of the following statements will apply?

[A] The transfer to C is void and the property reverts back to B

[B] The transfer and condition are valid, and the property will transfer to A

[C] The transfer is valid, but the condition is invalid property remains with C

[D] The transfer is voidable at C’s option

Q.35) Under the Transfer of Property Act, every transfer of immovable property made with intent to defeat or delay shall be:

[A] Void

[B] Void-ab-initio

[C] Voidable

[D] None of the above

Q.36) In the transfer of property with condition, the condition is void and the transfer is valid:

[A] Where transfer is made with the condition restraining absolutely future transfer of such property

[B] Where the transfer is made absolute with the condition restraining enjoyment of such property

[C] None of the above

[D] Both 2 and 3

Q.37) The income of transferred property may be accumulated for an unlimited time where the property is transferred with the condition:

[A] For the payment of debts taken by the transferor

[B] For the maintenance of the descendants of the transferor generation after generation

[C] For the maintenance of the property itself

[D] All of the above

Q.38) How long the period of election can be?

[A] One month within the date of possession

[B] One month within the date of transfer

[C] One year within the date of possession

[D] One year within the date of transfer

Q.39) Under the provisions of section 29 of the Transfer of Property Act, 1882 an ulterior disposition of the kind contemplated in the provision of section 28 can not unless:

[A] Condition is strictly fulfilled

[B] Condition is not fulfilled

[C] Condition is void

[D] None of the above

Q.40) Section 53A of the Transfer of Property Act, 1882 deals with:

[A] Fraudulent Transfer

[B] Transfer by Ostensible Owner

[C] Part Performance

[D] None of the above

Q.41) Doctrine of Marshalling has been provided in which of the following sections of the Transfer of Property Act?

[A] Sections 56 and 81

[B] Sections 56 and 82

[C] Sections 56, 81, 82

[D] Sections 81 and 82

Q.42) A lease can be made:

[A] For a certain period only

[B] For perpetuity only

[C] None of the above

[D] 1 and 2 both

Q.43) Any person is capable enough to do a contract when he has the right of ___________ property.

[A] Transferable

[B] Non Transferable

[C] Legal

[D] Illegal

Q.44) Which doctrine has been involved in the provision regarding condition precedent?

[A] Doctrine of Cy-press

[B] Rule against Perpetuity

[C] Rule of Perpetuity

[D] Doctrine of Acceleration

Q.45) “Spes Successionis” can not be transferred.

[A] Absolutely True

[B] Absolutely False

[C] Partly True

[D] Partly False

Q.46) Contingent Interest can be transferred.

[A] Absolutely True

[B] Absolutely False

[C] Partly True

[D] Partly False

Q.47) Which is not characteristic of vested interest?

[A] Fulfillment of prior condition

[B] Transferable

[C] Heritable

[D] Not fulfilment of condition

Q.48) What is the intention to deposit title deeds in an equitable mortgage?

[A] Take an interest

[B] Take a possession

[C] Create a security

[D] Take a consideration

Q.49) Section 12 of the Transfer of Property Act, 1882 is not applicable:

[A] Where the transfer is by way of sale

[B] Where the transfer is by way of gift

[C] Where the transfer is by way of exchange

[D] Where the transfer is by way of lease

Q.50) A transfer of property:

[A] Can only be absolute

[B] Can only be conditional

[C] Both

[D] None of the above

Q.51) How many types of mortgages are in Section 58 of Transfer of Property Act?

[A] Four

[B] Five

[C] Six

[D] Seven

Q.52) An ostensible owner under Section 41 of the Transfer of Property Act implies:

[A] A person having all the indicia of ownership, without being the real owner

[B] A person who is apparently the full and unqualified owner

[C] A person who is a qualified owner

[D] Both 1 and 2

Q.53) Who among the following is an ostensible owner?

[A] Co-sharer

[B] Mortgagee

[C] Hirer of goods

[D] Guardian of property

Q.54) Mark the incorrect statement:

[A] The principle of the rule contained in Section 41 is not the same as that of estoppel contained in Section 115, Evidence Act

[B] Section 41 is based on the rule that no one can confer a higher right on property than what he himself possesses (nemo dat quod non habet)

[C] Section 41 is based on the principle of equity and natural justice

[D] Section 41 is based on the principle that where one of two innocent persons must suffer from the fraud of a third party, the loss should fall on him who has created, or could have prevented, the opportunity for the fraud

Q.55) Section 41 Transfer of Property Act contemplates:

[A] Transfers for consideration

[B] Gratuitous transfer

[C] Both 1 and 2

[D] None of the above

Q.56) Which of the following cases is a stock illustration of estoppel and furnishes an instance of a transfer by the ostensible owner holding with the consent of the real owner:

[A] Sarat Chandra v. Gopal Chandra

[B] Puran Chand v. Radha Raman

[C] Rama Nand v. Champa Lal

[D] Mabadeo v. Har Buksh

Q.57) In which of the following cases, a transfer by an ostensible owner will be invalid?

[A] Minor's property

[B] Movable property

[C] Sale by auction

[D] All of the above

Q.58) Ramcoomar Koondoo v. Macqueen (1872) is related to:

[A] Lis pendens

[B] Ostensible owner

[C] Part performance

[D] Mortgage

Q.59) The principle of the maxim "nemo dat quod non habet" is incorporated in which of the following Sections of the Transfer of Property Act?

[A] Sections 41, 42, 43 and 44

[B] Sections 41 and 42

[C] Sections 41 and 44

[D] Sections 41 and 43

Q.60) Which Section of the Transfer of Property Act illustrates feeding the grant by estoppel?

[A] Section 40

[B] Section 42

[C] Section 45

[D] Section 43

Q.61) Right to retain the possession of the property until the due amount is paid, is also known as:

[A] Lien

[B] Charge

[C] Bailment

[D] Marshalling

Q.62) In the light of provisions of the Transfer of Property Act, a minor:

[A] Can transfer a property

[B] Cannot transfer a property

[C] Can accept a transfer of property in his favour

[D] Both 2 and 3

Q.63) Section 43 of the Transfer of Property Act has no application to:

[A] Compulsory sale i.e. sale in execution of a decree

[B] Property inalienable by law

[C] Mortgage and exchange

[D] Both 1 and 2

Q.64) Which Section of the Transfer of Property Act provides for transfer by one co-owner?

[A] Section 43

[B] Section 44

[C] Section 45

[D] Section 46

Q.65) Where one co-owner of immovable property transfers his share, the transferee acquires:

[A] Right of joint possession

[B] Right to partition

[C] Both 1 and 2

[D] None of the above

Q.66) Which Sections of the Transfer of Property Act provide for joint transfers?

[A] Sections 44 and 45

[B] Sections 45 and 46

[C] Sections 46 and 47

[D] Sections 47 and 48

Q.67) Mark the correct statement:

[A] Two successive transfers of the same property by sale or mortgage cannot co-exist the latter in date must give way to the earlier

[B] Where there are two encumbrances on the same property, the first encumbrance must be first satisfied, and if necessary, it can exclude the second

[C] The mortgagee which is first in time has priority over a subsequent mortgagee of the same property

[D] All of the above

Q.68) Which section of the Transfer of Property Act deals with the transfer by co-owners of shares in common property?

[A] Section 45

[B] Section 46

[C] Section 47

[D] Section 48

Q.69) Mark the incorrect matching:

[A] Rent paid to the holder under the defective title: Section 50

[B] Improvements made by bona fide holders under defective title: Section. 51

[C] Both 1 and 2

[D] None of the above

Q.70) A gave a house on rent to B for Rs.50/- per month. Later, A sold that house to C. Despite that, B, in good faith, continued to pay rent to A.

[A] B will have to pay rent to C again

[B] B is not required to pay rent to C again

[C] Both 1 and 2 are incorrect

[D] B is bound to pay rent to C, but B could claim rent back from A

Q.71) A, believing in good faith that he is entitled thereto, sows crops on B's land, The crops are growing at the time of his eviction. A is entitled to:

[A] Whole of the crops

[B] Half of the crops

[C] Transfer of the land in his favour

[D] Amount employed

Q.72) Under the provisions of Section 41 of the Transfer of Property Act, 1882, these are some conditions:

[A] Transferer is the ostensible owner

[B] He is so by the consent, express or implied, of the real owner

[C] Transfer is for consideration

[D] All of the above

Q.73) Possession of a manager cannot be treated as ostensible ownership with the consent of the real owner. This was held in the case of:

[A] Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273

[B] Ved Kumar v. Union of India, AIR 1989 NOC 136

[C] Motilal Somvar v. Visalakshi Ammal, AIR 1965 Mad 432

[D] B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222

Q.74) Inaccuracy in the recitals describing the property:

[A] Cannot whittle down the effect of clear recitals in the documents about the property to be sold thereby

[B] Can whittle down the effect of clear recitals in the document about the property to be sold thereby

[C] Cannot depend upon the inaccuracy or accuracy of recital describing property

[D] None of the above

Q.75) Under Section 42 of the Transfer of Property Act, 1882 if a person has a right to transfer property, after exercising a right to revoke a previous transfer, a transfer of such property by him will imply an exercise of:

[A] Right of revocation

[B] Right of transfer

[C] right of surrender

[D] None of the above

Q.76) Section 43 of the Transfer of Property Act, 1882 enables a transferee to whom a transferer has made a fraudulent or erroneous representation to lay hold, at his option, of any interest:

[A] Which the transferor may subsequently acquire with property, provided he does not adversely affect the right of any subsequent purchaser for value without notice

[B] Which the transferee may rescind the proceeding

[C] Which both transferor and transferee rescind

[D] None of the above

Q.77) Section 44 of the Transfer of Property Act, 1882, deals with:

[A] Transfer by two co-owners

[B] Transfer by one co-owner

[C] transfer by 3 co-owners

[D] Transfers by all co-owners

Q.78) Where several co-owners of immovable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transfers, the transfer, as among such transferors, takes effect on such share:

[A] Inequally where the shares were equal and where they are unequal proportionally to the extent of such shares

[B] Equally where the shares were equal and where they are unequal proportionately to the extent of such shares

[C] Only 1 is correct

[D] None of the above

Q.79) C and B are two brothers living as a joint family. They decided to have a partition. In the partition deed, the house with the well fell on C, and B was allowed to take water from the well out of brotherly love. The right to take water will be in the form of:

[A] Easement

[B] Revocable licence

[C] Irrevocable licence

[D] Interest in the property

Q.80) Fraudulent transfers are dealt under which section of the Transfer of Property Act?

[A] Section 52

[B] Section 52

[C] Section 54

[D] Section 55

Q.81) If a person derives the property by the deceased who made a testament in favour of him, then it is called:

[A] Transfer by operation of law

[B] Transfer by act of parties

[C] Transfer by will

[D] None of the above

Q.82) The Ostensible Owner is not a real owner.

[A] Absolutely True

[B] Absolutely False

[C] Partly True

[D] Partly False

Q.83) The principle "Once a mortgage always a mortgage", a principle based on equity, justice and good conscience, was for the first time evolved in:

[A] Harris v. Harris

[B] Noakes v. Rice

[C] Seth Ganga Dhar v. Shankarlal

[D] Reeve v. Lisle

Q.84) "Sale how made" is given in which section of the Transfer of Property Act?

[A] Section 54

[B] Section 54A

[C] Section 55

[D] Section 56

Q.85) Right of foreclosure under the Transfer of Property Act is available in the case of:

[A] Simple Mortgage

[B] English Mortgage

[C] Mortgage by Conditional Sale

[D] All of the above

Q.86) Section 51 of the Transfer of Property Act, 1882, refers to the element of:

[A] Good faith

[B] Malafide intention

[C] Fraudulent behaviour

[D] None of the above

Q.87) Presumption of equity pertains to:

[A] Section 45

[B] Section 46

[C] Section 47

[D] Section 48

Q.88) The term good faith in Section 51 of the Transfer of Property Act is used in the light of the:

[A] Sale of Goods Act, 1930

[B] General Clauses Act, 1897

[C] Indian Registration Act, 1908

[D] Specific Relief Act, 1963

Q.89) Which of the following statement is correct?

[A] An easement can be transferred apart from the dominant heritage

[B] A mere right to sue cannot be transferred

[C] A right to future maintenance can be transferred

[D] The salary of a public officer after it has become payable can be transferred

Q.90) The principle of lis pendens embodied in Section 52 of the Transfer of Property Act pertains to:

[A] Bonafide purchase

[B] Public policy

[C] Auction sale

[D] None of the above

Q.91) For the application of the doctrine of part performance, the agreement to transfer must be

[A] Oral

[B] In writing only

[C] In writing and signed by the transferor

[D] In writing, signed and registered

Q.92) Contract for sale is dealt with under which section of Transfer of Property Act?

[A] Section 52

[B] Section 53

[C] Section 54

[D] Section 55

Q.93) Which sections of the Transfer of Property Act provide for the protection of third person's rights:

[A] Sections 38 and 39

[B] Sections 39 and 40

[C] Sections 40 and 41

[D] Sections 39 and 41

Q.94) For the application of the doctrine of lis pendens the property would be:

[A] Movable

[B] Immovable

[C] Both 1 and 2

[D] None of the above

Q.95) A lets out a farm to B on condition that he shall walk a hundred miles in an hour:

[A] The lease is void

[B] Lease can be executed if B walks 100 miles in an hour

[C] Lease can be executed

[D] Conditional transfer can be made

Q.96) To be competent to transfer property it is not essential that:

[A] Person be major

[B] Person be of sound mind

[C] Person is competent to contract

[D] Transferable property is his own

Q.97) Which section of the Transfer of Property Act mentions "a provision for advancement"?

[A] Section 39

[B] Section 40

[C] Section 42

[D] Section 44

Q.98) Which section of the Transfer of Property Act provides for the burden of obligation restricting the use of land?

[A] Section 40

[B] Section 42

[C] Section 43

[D] Section 44

Q.99) Which of the following is a restrictive covenant?

[A] A covenant which runs with the land

[B] A covenant which runs with the water

[C] A covenant which never runs with the land

[D] None of the above

Q.100) A contracts to sell Sultanpur to B. While the contract is still in force, he sells Sultanpur to C, who has notice of the contract.

[A] B cannot enforce the contract against C

[B] B can enforce the contract against G

[C] B may enforce the contract against C to the same extent as against A

[D] None of the above

Answers

Q.1) D

Q.2) A

Q.3) B

Q.4) A

Q.5) B

Q.6) D

Q.7) C

Q.8) B

Q.9) C

Q.10) D

Q.11) A

Q.12) C

Q.13) A

Q.14) B

Q.15) B

Q.16) D

Q.17) A

Q.18) D

Q.19) B

Q.20) A

Q.21) C

Q.22) C

Q.23) A

Q.24) A

Q.25) D

Q.26) B

Q.27) B

Q.28) A

Q.29) A

Q.30) A

Q.31) B

Q.32) A

Q.33) A

Q.34) B

Q.35) C

Q.36) D

Q.37) D

Q.38) D

Q.39) A

Q.40) C

Q.41) A

Q.42) D

Q.43) A

Q.44) A

Q.45) A

Q.46) A

Q.47) A

Q.48) C

Q.49) D

Q.50) C

Q.51) C

Q.52) D

Q.53) A

Q.54) A

Q.55) A

Q.56) A

Q.57) D

Q.58) B

Q.59) D

Q.60) D

Q.61) A

Q.62) D

Q.63) D

Q.64) B

Q.65) C

Q.66) B

Q.67) D

Q.68) C

Q.69) D

Q.70) B

Q.71) A

Q.72) D

Q.73) A

Q.74) A

Q.75) A

Q.76) A

Q.77) B

Q.78) B

Q.79) C

Q.80) B

Q.81) C

Q.82) A

Q.83) A

Q.84) A

Q.85) C

Q.86) A

Q.87) A

Q.88) B

Q.89) B

Q.90) B

Q.91) C

Q.92) C

Q.93) B

Q.94) B

Q.95) A

Q.96) D

Q.97) A

Q.98) A

Q.99) A

Q.100) C