Q: Principle: A gift comprising both existing and future property is void as to the latter.Facts: 'X' has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house, but the sale (of the plot of land) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to 'Y'Under the afore-mentioned circumstances, which of the following derivations is correct?

Section \$122\$ of the Transfer of Property Act states that, 'Gift' is the transfer a certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the doner and accepted by or on behalf of the done.The subject matter of the gift has to be an existing property and not a future property. In the given case, gift of house is valid as it is an existing property, but the gift of the plot of land is invalid because it is a future property.

Q: Which of the following is/are the power/s of family court?

Main goal of establishment of family courts is for secure and speed settlement of disputes relating to marriage and family affairs. Matters like divorce, separation, maintenance, custody of children are usually dealt in family courts. Powers of family court include: they can make their own procedure for settling a case, they are not required to record the oral statement of the witness at length and appeal from family courts lies directly to the High Court.

Question 1

The reference of Hindus in Article $25$ of the Constitution does not include _________.

Accepted Answer

As per Article 25 of the Constitution of India, all persons are equally entitled to freedom of conscience and the right to freely profess, practise, and propagate religion subject to public order, morality and health. In Article 25 (2b), the term Hindus is used for all classes and sections of Hindus, Jains, Buddhists and Sikhs.Hence, C is the correct option.

Question 2

Legal PrinciplesRules:     A.   A minor is a person who is below the age of 18. However, where a guardian administers the minor's property the age of majority is 21.    B     A  minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.      C   In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation. Facts:  Ajay convinces Bandita, a girl aged 18 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless, Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees 50 lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land cannot be claimed. What can be the remedy for Ajay?Which of the following is correct?

Accepted Answer

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Question 3

A child born after father's death is _________.

Accepted Answer

The word posthumous has come from Latin word posthumus. The word posthumous is used to describe something that happens after a person's death.  Posthumous is a child born after father's death. Some other uses of the word posthumous is 'posthumous award for bravery', 'posthumous novel' etc. Hence the correct answer is A.

Question 4

Transfer of Property Act $1882$ covers ______________.

Accepted Answer

The Transfer of Property Act 1882 covers immovable property which a living person conveys in present or in future to one or more other living persons.  The term immovable property includes land, things attached to the land, or the things that are permanently fastened to the things attached to the land. Hence, the correct answer is B.

Question 5

A husband and wife have a right to each others company. This right is called ______________.

Accepted Answer

The rights to stay together is called as Conjugal rights. It refers to the rights and privileges involved in the relationship of marriage. The wife and husband have conjugal rights to each others company, and these rights includes enjoyment of family life and right to found a family. Hence the correct answer is D.

Question 6

Principle: A gift comprising both existing and future property is void as to the latter.Facts: 'X' has a house which is owned by him. He contracted to purchase a plot of land adjacent to the said house, but the sale (of the plot of land) in his favour is yet to be completed. He makes a gift of both the properties (house and land) to 'Y'Under the afore-mentioned circumstances, which of the following derivations is correct?

Accepted Answer

Section $122$ of the Transfer of Property Act states that, 'Gift' is the transfer a certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the doner and accepted by or on behalf of the done.The subject matter of the gift has to be an existing property and not a future property. In the given case, gift of house is valid as it is an existing property, but the gift of the plot of land is invalid because it is a future property.

Question 7

Sarada Act is called ______________.

Accepted Answer

Sarada Act is called Child Marriage Restraint Act, 1929. The main purpose of this act is to restrain the solemnization of child marriage. This act was passed on 28 September, 1929, and fixed the marriageable age of girls at 14 years and that of boys at 18 years. This act was amended in 1978 and the marriageable age of girls was revised to 18 years and that of boys to 21 years. Hence, the correct answer is D.

Question 8

PRINCIPLE: When a person fraudently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.FACTS: 'A', a Hindu who has separated from his father, 'B' sells to 'C' three fields, 'X', 'Y' and 'Z', representing that 'A' is authorized to transfer the same. Of these fields, 'Z' does not belong to 'A', it having been retained by 'B' on the partition, but on 'B's dying 'A' as successor obtains 'Z', and at that time 'C' had not cancelled the contract of sale.

Accepted Answer

The principle in simple terms says that When a person fraudulently transfer a property, then transferor is bound to give any interest that he has or subsequently gets or gains in the property which is the subject matter of the contract till the time the contract subsists. If you apply the principle to the facts, the transferor is A and the transferee is C. Now since C has not canceled the contract of sale, therefore, his right in the property Z still exists even though it was fraudulently transferred by A as he did not have the authority or entitlement to transfer the property. But since he subsequently gained after B's death. Now since here the transferor or A has gained interest over the property Z he is bound by the principle to deliver the property Z to C.

Question 9

PRINCIPLE: Under the Transfer of Property Act, 1882 a property must be transformed by one living person to another living person. The Act deals only with transfer of property between living persons.FACTS: 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.

Accepted Answer

The Transfer of Property Act (ToPA) 1882, deals with the transfer of properties between living beings only (Section 5). Here in question, X (living being) wants to transfer his property the presiding deity in a temple (non living being), hence this transfer of property is invalid. The correct option B.

Question 10

Which of the following is/are the power/s of family court?

Accepted Answer

Main goal of establishment of family courts is for&#10;secure and speed settlement of disputes relating to marriage and family affairs.&#10;Matters like divorce, separation, maintenance, custody of children are usually&#10;dealt in family courts. Powers of family court include: they can make&#10;their own procedure for settling a case, they are not required to record the&#10;oral statement of the witness at length and appeal&#10;from family courts lies directly to the High Court.