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Easements Act & Indian Succession Act | Law of Property | MCQ Quiz

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Easements Act & Indian Succession Act MCQ Quiz

Easements Act & Indian Succession Act MCQ Quiz (1–50)

Easements & Licenses

(1). [AIBE 2021] The Indian Easements Act was enacted in the year:

  • [A]. 1872
  • [B]. 1882
  • [C]. 1908
  • [D]. 1925

(2). An easement is a right:

  • [A]. In personam
  • [B]. In rem
  • [C]. Over one’s own property
  • [D]. To exclusive possession

(3). [CLAT-PG 2019] The land for the beneficial enjoyment of which an easement exists is called:

  • [A]. Servient heritage
  • [B]. Dominant heritage
  • [C]. Profit a prendre
  • [D]. Customary heritage

(4). A right to go upon another’s land and take away a part of the soil or produce (like catching fish) is an easement known as:

  • [A]. Right of way
  • [B]. Profit a prendre
  • [C]. Easement of necessity
  • [D]. License

(5). [AIBE 2022] Which of the following CANNOT be transferred apart from the dominant heritage?

  • [A]. Actionable claim
  • [B]. Easement
  • [C]. Rent
  • [D]. Leasehold right

(6). A License is defined under which section of the Indian Easements Act?

  • [A]. Section 4
  • [B]. Section 52
  • [C]. Section 60
  • [D]. Section 105

(7). [CLAT-PG 2021] The core difference between a lease and a license is:

  • [A]. Consideration
  • [B]. Registration
  • [C]. Transfer of an interest in the property (exclusive possession)
  • [D]. Both are identical in law

(8). According to Section 60 of the Easements Act, a license is irrevocable if:

  • [A]. The licensee has executed work of a permanent character and incurred expenses
  • [B]. It is in writing
  • [C]. Consideration is paid
  • [D]. The licensor dies

(9). [AIBE 2020] Associated Hotels of India v. R.N. Kapoor is the landmark case establishing the test for:

  • [A]. Wills
  • [B]. Easements
  • [C]. Lease vs. License
  • [D]. Fraudulent Transfer

(10). If a man allows his friend to stay in his guest room for a week for free, it creates a:

  • [A]. Lease
  • [B]. Easement
  • [C]. Tenancy at sufferance
  • [D]. License

Wills & Testamentary Succession

(11). [CLAT-PG 2023] Which statute governs Testamentary Succession in India for communities other than Muslims?

  • [A]. Transfer of Property Act, 1882
  • [B]. Indian Succession Act, 1925
  • [C]. Hindu Succession Act, 1956
  • [D]. Registration Act, 1908

(12). Section 2(h) of the ISA defines a Will as a legal declaration of the intention of a testator which he desires to take effect:

  • [A]. Immediately
  • [B]. After one year
  • [C]. After his death
  • [D]. Upon registration

(13). [AIBE 2018] A Codicil:

  • [A]. Must be executed on a stamp paper
  • [B]. Is an independent legal document
  • [C]. Is deemed to form part of the Will
  • [D]. Requires 4 witnesses

(14). Who has the capacity to execute a Will under Section 59 ISA?

  • [A]. Any person, including a minor
  • [B]. Every person of sound mind not being a minor
  • [C]. Only males
  • [D]. Only married persons

(15). [CLAT-PG 2022] Can a person who is ordinarily insane make a valid Will?

  • [A]. No, never
  • [B]. Yes, during an interval in which he is of sound mind
  • [C]. Yes, with court permission
  • [D]. Yes, if witnesses agree

(16). Section 61 ISA states that a Will is void if it is caused by:

  • [A]. Fraud
  • [B]. Coercion
  • [C]. Importunity taking away free agency
  • [D]. All of the above

(17). [AIBE 2019] For the valid execution of an unprivileged Will under Section 63 ISA, how many attesting witnesses are strictly required?

  • [A]. One
  • [B]. Two
  • [C]. Three
  • [D]. Four

(18). Does a Will strictly require registration to be valid in India?

  • [A]. Yes, under Sec 17 of Registration Act
  • [B]. No, it is optional under Sec 18 of Registration Act
  • [C]. Yes, if property is above ₹100
  • [D]. Yes, for ancestral property

(19). [CLAT-PG 2020] A Will becomes operative:

  • [A]. From the date of execution
  • [B]. From the date of registration
  • [C]. From the date of the testator’s death
  • [D]. From the date of obtaining probate

(20). A testator can revoke his Will:

  • [A]. Only once
  • [B]. Never
  • [C]. At any time during his life when he is competent
  • [D]. Only through a court order

(21). [AIBE 2023] The burden of proving that a Will is genuine and removing any “suspicious circumstances” lies on the:

  • [A]. Challenger of the Will
  • [B]. Propounder of the Will
  • [C]. Registrar
  • [D]. State

(22). Which landmark case established the doctrine of “suspicious circumstances” in Wills?

  • [A]. Bellamy v. Sabine
  • [B]. H. Venkatachala Iyengar v. B.N. Thimmajamma
  • [C]. Cooper v. Cooper
  • [D]. Nathulal v. Phoolchand

(23). [CLAT-PG 2019] If a legacy is given in general terms, without specifying the time it vests, it vests in the legatee:

  • [A]. At the time of execution of the Will
  • [B]. At the time of the testator’s death (Section 119)
  • [C]. After 1 year of death
  • [D]. Upon probate

(24). A bequest that depends upon a specified uncertain event taking place creates a:

  • [A]. Vested interest
  • [B]. Contingent interest (Section 120)
  • [C]. Absolute interest
  • [D]. Void interest

(25). [AIBE 2021] If a legatee does not survive the testator, the legacy:

  • [A]. Passes to the State
  • [B]. Passes to the legatee’s heirs immediately
  • [C]. Lapses and forms part of the residue of the testator’s property (Section 105)
  • [D]. Is held in trust

(26). Section 109 ISA provides an exception to the rule of lapse. A legacy does NOT lapse if the pre-deceased legatee was:

  • [A]. A friend of the testator
  • [B]. A child or lineal descendant of the testator (and leaves surviving issue)
  • [C]. The executor
  • [D]. A charitable institution

(27). [CLAT-PG 2021] Where a bequest imposes an obligation on the legatee (Onerous Bequest), the legatee:

  • [A]. Can accept the property and reject the obligation
  • [B]. Must take the bequest fully with the obligation or reject it entirely (Section 122)
  • [C]. Can apply to court to remove the obligation
  • [D]. Only fulfills 50% of the obligation

(28). A person appointed by the testator to execute the Will is called the:

  • [A]. Administrator
  • [B]. Propounder
  • [C]. Executor (Section 2(c))
  • [D]. Legatee

(29). [AIBE 2022] Under Section 211 of the ISA, the property of the deceased vests in the:

  • [A]. Oldest son
  • [B]. State Government
  • [C]. Executor or Administrator
  • [D]. Chief Justice

(30). A copy of a Will certified under the seal of a court, with a grant of administration to the estate, is called:

  • [A]. A Codicil
  • [B]. A Probate
  • [C]. Letters of Administration
  • [D]. An Injunction

(31). [CLAT-PG 2018] Can a Probate be granted to a minor or a person of unsound mind?

  • [A]. Yes
  • [B]. No (Section 223)
  • [C]. Yes, through a guardian
  • [D]. Yes, if named in the Will

(32). A Probate operates as a judgment:

  • [A]. In personam
  • [B]. In rem (against the whole world)
  • [C]. Voidable
  • [D]. Ultra vires

(33). [AIBE 2019] According to Section 213, no right as an executor or legatee can be established in any Court without:

  • [A]. A registered Will
  • [B]. Consent of all heirs
  • [C]. A grant of Probate or Letters of Administration
  • [D]. A newspaper publication

(34). An executor’s title is derived from:

  • [A]. The Probate alone
  • [B]. The Will itself (Probate is just authentication)
  • [C]. The Court
  • [D]. The Registration office

(35). [CLAT-PG 2023] If an executor dies before completing the administration of the estate, the estate:

  • [A]. Vests in the executor’s son
  • [B]. Reverts to the State
  • [C]. Requires the appointment of an Administrator de bonis non
  • [D]. Is distributed evenly to all relatives

(36). The first charge on the property of the deceased after their death is:

  • [A]. Debts to banks
  • [B]. Funeral expenses and death-bed charges (Section 320)
  • [C]. Unsecured loans
  • [D]. Specific legacies

(37). [AIBE 2020] To perfect the title of a legatee to a legacy, what is required from the executor?

  • [A]. A sale deed
  • [B]. Assent of the executor (Section 332)
  • [C]. A registered gift deed
  • [D]. A court decree

(38). Which of the following can make a valid oral Will (Privileged Will) under the ISA?

  • [A]. Any person over 65
  • [B]. Any terminally ill person
  • [C]. A soldier/airman employed in an expedition or actual warfare, or a mariner at sea (Section 65)
  • [D]. A doctor

(39). [CLAT-PG 2022] Bare Act Illustration: A bequeaths a legacy to B. B dies before A, leaving a son, C. Does the legacy lapse?

  • [A]. Yes, because B is not a lineal descendant of A (unless B is A’s child)
  • [B]. No, it never lapses
  • [C]. Yes, it passes to the State
  • [D]. No, it passes to C

(40). Under the Hindu Succession Act, can a Hindu dispose of his undivided interest in a Mitakshara coparcenary property by Will?

  • [A]. No, survivorship overrides Wills
  • [B]. Yes, by virtue of Section 30 of the Hindu Succession Act
  • [C]. Yes, but only to males
  • [D]. No, only self-acquired property can be willed

(41). [AIBE 2017] A Will obtained by undue influence is:

  • [A]. Valid
  • [B]. Void (Section 61 ISA)
  • [C]. Voidable by the executor
  • [D]. Valid if registered

(42). If a testator tears, burns, or otherwise destroys the Will with the intention of revoking it, this constitutes:

  • [A]. Implied revocation
  • [B]. Statutory revocation
  • [C]. Express revocation by destruction (Section 70)
  • [D]. Accidental loss

(43). [CLAT-PG 2020] A marriage of a testator (other than a Hindu, Muslim, Buddhist, Sikh, Jain) has what effect on his existing Will?

  • [A]. No effect
  • [B]. Automatically revokes the Will (Section 69 ISA)
  • [C]. Validates it further
  • [D]. Transfers it to the spouse

(44). In a Will, if two clauses are totally inconsistent and cannot be reconciled, which clause prevails?

  • [A]. The earlier clause
  • [B]. The latter clause (Section 88 ISA)
  • [C]. Both become void
  • [D]. The court decides arbitrarily

(45). [AIBE 2023] The word “Legacy” means:

  • [A]. Debts owed by the deceased
  • [B]. A gift of property by Will
  • [C]. The taxes due on the estate
  • [D]. The court fees for probate

(46). If a specific property bequeathed in a Will ceases to exist or belong to the testator at the time of his death, the legacy is said to be:

  • [A]. Ademed (Ademption – Section 152 ISA)
  • [B]. Lapsed
  • [C]. Vested
  • [D]. Onerous

(47). [CLAT-PG 2019] An executor cannot purchase property of the estate without:

  • [A]. The consent of the police
  • [B]. The permission of the Court
  • [C]. Informing the media
  • [D]. The consent of the sub-registrar

(48). A person who intermeddles with the estate of the deceased without being appointed as an executor is known as:

  • [A]. Universal legatee
  • [B]. Executor de son tort (Executor of his own wrong)
  • [C]. Propounder
  • [D]. Administrator

(49). [AIBE 2021] The Indian Succession Act does not apply to the testamentary succession of:

  • [A]. Christians
  • [B]. Parsis
  • [C]. Muslims (governed by their personal law)
  • [D]. Jews

(50). A conditional bequest where the condition is strictly required to be fulfilled before the legatee takes the property is a:

  • [A]. Condition Subsequent
  • [B]. Condition Precedent
  • [C]. Voidable bequest
  • [D]. Absolute bequest

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