M4 Pending Estate Planning Practice Questions
M4 Pending Estate Planning Practice Questions
M4 Pending Estate Planning Practice Questions
a) Tick the answer which you feel is closest to the correct answer
b) Each Question carries one mark
c) Negative marking to the extent of 20% is applicable i.e. for every wrong answer you will lose 0.2 marks.
Will
Q.1 Whether in Vedic period Hindus used to make Will or not?
(a) Yes
(b) No
(c) Not Known
Q.2. What is the factor that can be held responsible for there being no laws of Will in ancient times?
(a) No Knowledge of law
(b) Property devolving amongst heirs usually
(c) No practice of accumulation
Q.5 Whether the words, which are obviously administrative, may be corrected?
(a) Yes
(b) No
(c) Not Known
Q.6. If there are two repugnant provisions, conferring successive interests, if the first interest created is valid the
subsequent interest cannot take effect?
(a) Yes
(b) No
(c) Not Known
Q.7 Whether a document can be partly testamentary and partly immediately effective as a settlement?
(a) Yes
(b) No
(c) Not Known
Q.8 Whether the words occurring more than once in a Will shall be presumed to be used always in the same sense,
unless a contrary intention appear from the Will?
(a) Yes
(b) No
(c) Not Always
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Q.9. If a testator used an additional word or phrase, he must be presumed to have an additional meaning?
(a) Yes
(b) No
(c) Not known
Q.10. Whether the extrinsic evidence is admissible to alter, detract from, or add to, the terms of a Will ?
(a) Yes
(b) No
(c) Not Known
Q.13. Whether an express or positive device can be controlled by subsequent ambiguous words or by inference and
arguments from other parts of the Will?
(a) Yes
(b) No
(c) Not always
Q.14. Whether favor or disfavor to an object can have any influence on the construction of a Will?
(a) Yes
(b) No
(c) Should Not Have any influence
.
Q.15. What section the Indian Succession Act will be attracted when Will purports to make to bequest to the same
person?
(a) Section 63
(b) Section 101
(c) Section 54
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Q.19. Whether a conditional or contingent Will can be probated even when the condition or the contingency does
not take place ?
(a) Yes
(b) No
(c) Never
Q.20. Whether both Wills are valid one relating to his property at testator’s native country and other relating to his
property in some foreign country?
(a) Yes
(b) No
(c) Not known
Q.21. Whether Concurrent Will made for the same set of properties are valid?
(a) Yes
(b) No
(c) Never
Intestate succession
Q.5. When did the first change in traditional Hindu law took place?
(a) 1850
(b) 1910
(c) 1945
Q.6. Which was the legislation, which had impact on the Hindu Law?
(a) The Hindu law of succession underwent first modification by the Caste Disabilities Removal Act, enacted
in the year 1850.
(b) The Hindu Succession Act
(c) Not Known
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Q.8 Which section Hindu Succession Act is retrospective?
(a) Section 14
(b) Section 31
(c) Section 5
Q.10. Whether If a Hindu who died making testamentary disposition, but the Will found to be invalid, the succes-
sion of his property will take place in accordance to Law of intestate Succession?
(a) Yes
(b) No
(c) Not Known
Q.11 Whether it is well established rule of Hindu Law of Succession that succession never remains in abeyance?
(a) Yes
(b) No
(c) The rule is not applicable to a Hindu person.
Q.13. In case of absence of all the heirs under class I will the property be divided amongst Class II Heirs?
(a) Yes
(b) No
(c) Not Always
Q.14. Who will take the entire property in the absence of Class I Heir?
(a) Father
(b) Sister
(c) Brother
Q.16. In what category do the parental uncle and aunt and maternal uncle and aunt fall under Muslim Law?
(a) Category I
(b) Category II
(c) Category III
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monly called ‘sharers’..
(c) Not Known
Q.23. Which school of Muslim Law recognizes heirs as sharers, residuaries and distant kindred?
(a) Hanafi Law
(b) Shia Law
(c) Not Known
Q.26. Whether under Hindu Succession Act there is any provision which governs testamentary succession also?
(a) Yes
(b) No
(c) Not Known
Q.27. What Section under Hindu Succession Act provide for testamentary succession?
(a) Section 30
(b) Section 54
(c) Section 23
Q.28. Under Muslim Law full blood relations are preferred over half blood relations?
(a) Yes
(b) No
(c) Not Known
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Mutation
Q.1. Whether mutation of a property can be carried out even when the title holder is alive?
(a) Yes
(b) No
(c) Not Known
Q.2. Whether acquisition of a property can be sufficient to show that the rightful owner is the person who has
acquired without changing the record?
(a) Yes
(b) No
(c) Not Known
Q.3. Whether the Laws governing mutation of a property in India are national in character?
(a) Yes
(b) No
(c) Not Known
Q.4. Whether the Development Authority is required to give a notice to the present holder of the title of the property
on the event of changing the allotment?
(a) Yes
(b) No
(c) Not Known
Q.6. Whether a person can transfer a better title tan what he holds?
(a) Yes
(b) No
(c) Not Known
Q.7. Whether mutation entries in the revenue record are the proof of legality of a transaction?
(a) Yes
(b) No
(c) Not Known
Q.8. Whether mutation entries confer the title on the person on whose name entries are shown?
(a) Yes
(b) No
(c) Not Known
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Q.11. Can revenue records of a property be verified by the person who wants to buy the said property?
(a) Yes
(b) No
(c) Not Known
Q.12. Whether once mutation takes place there is any need to prepare other instrument for transfer of property?
(a) Yes
(b) No
(c) Not Known
Q.14. Whether mutation and acquisition have no relation or they have some relation?
(a) Yes
(f) No
(g) Not Known
Q.15. Revenue is collected from the person on whose name property is shown in the mutation entries?
(a) Yes
(b) No
(c) Not Known
Q.16. Whether mutation can be carried out only after death of a person? If not what is the other situation when a
property needs to be mutated?
(a) No, the mutation takes place even when the property is transferred from one person to other.
(b) Yes, mutation is also known as substitution
(c) Not Known
Power of Attorney
Q.4. Whether Donor and Donee have similar position in the eyes of Law?
(a) No.
(b) Yes.
(c) Not known.
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Q.5. Whether the principle has a right to revoke a power of attorney?
(a) No.
(b) Yes.
(c) Not known.
Q.6. Whether a defect in procedure of registration can deprive persons from utilizing a Power of Attorney?
(a) No.
(b) Yes.
(c) Not known.
Q.7. What is the meaning of legal maxim delegatus non potest delegare?
(a) Agent can delegate his duties to others
(b) Agents can not delegate their duties on others
(c) Not known.
Transfer of proper ty
property
Q.3. Whether a machine imbedded to earth for its use will be a movable property or immovable property?
(a) Movable Property.
(b) Immovable Property.
(c) Not known.
Q.5. Whether a freehold land will command more compensation than the encumbered land?
(a) Yes.
(b) No.
(c) Not known.
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Q.7. Whether there can be litigation regarding freehold land?
(a) Yes
(b) No
(c) Not Known
Q.9. Whether covenant for repair and construction be made by the tenant?
(a) Yes
(b) No
(c) Not Known
Q.10. Whether the tenant can make covenant for payment of rent?
(a) Yes
(b) No
(c) Not Known
Q.11. Whether a leasehold property can be made a freehold property and vise-versa?
(a) Yes
(b) No
(c) Not Known
Alimony
Q.3. In which system of personal law even a Husband has a right to claim maintenance from his wife?
(a) Hindu Law allows husband to claim maintenance.
(b) Christian law allows husband to claim maintenance
(c) It is only under personal laws for Parsi’s that husband can get maintenance from his wife.
Q.4. Is dower an amount given to Muslim women by her parents at the time of marriage?
(a) No, it is amount fixed and which is to be paid by her husband.
(b) Yes
(c) Not known.
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Q.6. Whether a Muslim child has a right to be maintained by his/her father?
(a) Yes
(b) No.
(c) Yes, if the father wishes so.
Q.7. Whether Muslim women can claim maintenance under Section 125 of Cr.P.C?
(a) Yes before she is divorced and after divorce with permission of her husband
(b) No
(c) Not known.
Q.8. If the meher/ dower is paid is there any need for a Muslim man to further pay his wife?
(a) Yes
(b) No
(c) Not known.
Q.9. Whether there is some codified Law governing maintenance under Muslim Law?
(a) Yes
(b) No
(c) Not known.
Q.10. Whether Muslim women can claim maintenance under Section 125 of Cr.P.C as well as under their personal
Law?
(a) Yes
(b) No
(c) Not known.
Q.12. Whether conduct of party claiming is relevant for determining the maintenance?
(a) Yes
(b) No
(c) Not known.
Q.13. Whether a woman can get maintenance if she had applied for divorce herself?
(a) Yes
(b) No
(c) Not known.
Q.14. Whether a Hindu husband who is earning equal to his wife can claim maintenance from his wife?
(a) Yes
(b) No
(c) Not known.
Q.15. Whether a Hindu wife who is earning equal as her husband claim maintenance from her husband?
(a) Yes
(b) No
(c) Not known.
Q.16. Does Section 125 Cr.P.C puts a upper limit on the amount which can be claimed under maintenance?
(a) Yes
(b) No
(c) Not known.
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Q.17. Whether the principle granting maintenance under section 125 Cr.P.C and under Hindu Law is same?
(a) Yes
(b) No
(c) Not known.
Q.18. What is the intention behind maintenance under section 125 Cr.P.C?
(a) The provision is to save women and children from destitution
(b) The principle behind maintenance under section 125 Cr.P.C is that a man has to be the provider.
(c) Not known.
Q.20. Whether a Muslim woman, asking for divorce claim maintenance and mehar?
(a) Yes
(b) No
(c) Not known.
Q.21. Whether a Hindu woman who has refused to go back to her husband even after restitution of conjugal rights
order has been passed has a right to be maintained by her husband?
(a) Yes
(b) No
(c) Not known.
Q.23. In case of inconsistency between Civil Court’s verdict and Criminal Court’s decision on the point of mainte-
nance the decision of a Civil Court will Privail?
(a) Yes
(b) No
(c) Not known.
Q.24. Whether Husband seeking divorce on the ground that marriage could not consummate because of wife, is the
wife in such condition entitled to maintenance?
(a) Yes
(b) No
(c) Not known.
Q.25. Whether wife can be paid off her maintenance from the husband’s estate?
(a) Yes
(b) No
(c) Not known.
Q.26. Is present section 125 is similar to section 488 of the previous Code’s section 488?
(a) Yes
(b) No
(c) Not known.
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Q.27. While calculating maintenance to be paid per month gross income of the Respondent should be considered?
(a) Yes
(b) No
(c) Not known.
Q.28. Whether the perks received by the Respondent in maintenance case will effect the amount of maintenance or
not?
(a) Yes
(b) No
(c) Not known.
Q.31. Whether the perks received by the Respondent in maintenance case will effect the amount of maintenance or
not?
(a) Yes
(b) No
(c) Not known.
Housing society
Q.4. Whether the rules, laws and by-laws governing functioning of Society are codified?
(a) Yes
(b) No
(c) Not Known
Q.5. Whether the rules, laws and by-laws governing functioning of Society are Central or every State has its own
Laws?
(a) One set of laws govern the country
(b) Every State has their own set of Laws and rules
(c) No codified laws are available
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Q.6. Whether Nominal member and associate member of society are the same?
(a) Yes
(b) No
(c) Not Known
Q.11. In case the votes are equal in number (in favor of a motion and against it) there can be a re voting done?
(a) Yes
(b) No.
(c) Not always
Q.12. In case the votes being equal in number (in favor of a motion and against it) the Chairman can have right to
cast second vote?
(a) Yes
(b) No
(c) Only when other members vote for the Chairman to vote?
Q.13. Whether voting can take place even when half the members are not present?
(a) Yes
(b) No
(c) Every State has its own set of rules and regulation
Q.14. Whether Limitation Act applies in all the disputes related to Societies?
(a) Yes
(b) No
(c) Not Known
Q.16. Whether there is some restriction on registration or any body can register as a society?
(a) Yes there are rules and regulation governing the registration and if not complied with a society can not
register.
(b) No there is no restriction
(c) Not Known
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Q.17. Is there certain number of people required being there in a society for registration of a society?
(a) Yes, in general
(b) No
(c) Always
Q.18. Whether there should be at least 10 members in a society for a society to be registered?
(a) Yes, in general
(b) No, there should be at least 15 members in a society
(c) Not Known
Q.19. Which type of society can be registered even if there are less than 10 members?
(a) Federal Society
(b) Liberal Society
(c) General Society
Q.20. Whether after registration a society can at any point of time have less than 10 members?
(a) Yes
(b) No
(c) Not Known
Q.21. Is there any need of set of objectives and goals for a society?
(a) Yes
(b) No
(c) Not Known
Q.25. Whether Limitation Act will apply when the Arbitrator is resolving a dispute?
(a) Yes
(b) No
(c) Not Known
Q.26. Whether Limitation Act will apply when the court is adjudicating upon the dispute?
(a) Yes
(b) No
(c) Not Known
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(c) Sub Registrar of the society
Q.31. Whether a Society can deviate from the guidelines issued by the government while allotment of land to
Housing Society?
(a) Yes
(b) No
(c) Little deviation permissible if circumstances justify the same.
Q.32. Whether Court can appoint committee to look into the affairs?
(a) Yes
(b) No
(c) Not Known
Q.33. What happens to the finding of the committee appointed by the Court?
(a) They are final and binding
(b) The order of court depending on the findings not to act as a precedent
(c) Not relevant
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Answers
Will
1 Ans. (c) Not Known.
2. Ans. (b) Property devolving amongst heirs.
3. Ans. (a) the surrounding circumstances are to be considered, but that is only for the purpose of finding out the
intended meaning of the words which have actually been employed.
4. Ans. (a) Yes.
5. Ans. (a) Yes.
6. Ans. (a) Yes.
7. Ans. (a) Yes.
8. Ans. (c) Not Always.
9. Ans. (a) Yes.
10. Ans. (b) No.
11. Ans.(a) Yes.
12. Ans. (a) No.
13. Ans. (b) No.
14. Ans. (c) Should Not Have any influence.
15. Ans. (b) Section 101
16. Ans. (a) Yes
17. Ans. (a) Yes.
18. Ans. (a) Yes
19. Ans. (c) Never.
20. Ans. (a) Yes
21. Ans (c) Never.
Intestate succession
1. Ans. (a) traditional Hindu law of succession stood modified by the impartible estates and the doctrine of
primogeniture.
2. Ans (b) Mitakshara
3. Ans. (a) Benarsi, Dravida, Mithila and Bombay
4. Ans. (a) Region Wise.
5. Ans (a) 1850
6. Ans. (a) The Hindu law of succession underwent first modification by the Caste Disabilities Removal Act,
enacted in the year 1850.
7. Ans. (b) Yes but has some exception.
8. Ans.(a) Section 14.
9. Ans. (a) Yes
10. Ans. (a) Yes
11 Ans. (a) Yes
12. Ans. (a) All the widows of the category
13. Ans. (a) No.
14. Ans. (a) the father (even adopted father falls under this category) will take the entire property as the father falls
under Class II category.
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15. Ans. (a) In accordance of formulation of Vijnaneshwara, which has been followed who considers that as
between the father and the mother, the mother has better propinquity and, therefore, she should be preferred
over the father.
16. Ans. (c) Category III
17. Ans. (a) Category I
18. Ans.(b) The heirs who are not customary heirs and the Koran allots a specific share. These new heirs are
commonly called ‘sharers’
19. Ans. (a) Fyzee prefers to call them ‘Koranic heirs’, since these heirs were created by the Koran.
20. Ans.(a) Share which is left after allotting shares to the sharers that residue is divided among the customary
heirs who have been accorded recognition by the Koran. These heirs are commonly called ‘residuaries’.
21. Ans (a) agnatic heirs
22. Ans.(a) The distant kindreds are those relations of the deceased who are neither shares nor residuaries
23. Ans(a) Hanafi Law
24. Ans. (a) heirs by marriage, State by escheat and Heirs by consanguinity.
25.Ans. (a) Heirs by marriage.
26. Ans. (a) Yes
27. Ans. (a) Section 30
28. Ans.(a) Yes.
Mutation
1. Ans. (a) Yes.
2. Ans. (b) No.
3. Ans. (b) No.
4. Ans. (a) Yes.
5. Ans. (b) No.
6. Ans. (b) No.
7. Ans. (b) No.
8. Ans. (b) No.
9. Ans. (b) No.
10. Ans. (a) Yes.
11. Ans. (a) Yes.
12. Ans. (a) Yes.
13. Ans. (b) No.
14. Ans. (a) Yes
15. Ans. (a) Yes.
16. Ans. (a) No, the mutation takes place even when the property is transferred from one person to other.
Power of Attorney
1. Ans.(a) No.
2. Ans.(a) No.
3. Ans.(a) No.
4. Ans.(a) No.
5. Ans.(b) Yes.
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6. Ans.(a) No.
7. Ans.(b) Agents can not delegate their duties on others
8. Ans.(a) No.
Transfer of proper ty
property
1. Ans. (a) A settled property means a property which stands limited to, or in trust for, any persons, natural or
juridical, by way of succession.
2. Ans. (a) Promise to transfer a property
3. Ans. (b) Immovable property.
4. Ans. (b) no
5. Ans. (a) Yes.
6. Ans. (b) No.
7. Ans. (a) Yes
8. Ans. (a) Yes.
9. Ans. (b) No.
10. Ans. (a) Yes
11. Ans. (a) Yes, the process is called conversion of property.
Alimony
1. Ans. (b) No, Alimony has to be necessarily one time payment whereas maintenance can be paid monthly etc.
2. Ans. (c) Yes, only if physically or mentally unfit and in case of a girl if not married.
3. Ans. (a) Hindu Law allows husband to claim maintenance.
4. Ans. (a) No, it is amount fixed and which is to be paid by her husband.
5. Ans. (a) It is phase of three months in which a Muslim women as to live in isolation after her divorce or death
of her husband.
6. Ans. (a) Yes.
7. Ans. (a) Yes before she is divorced and after divorce with permission of her husband
8. Ans. (a) Yes.
9. Ans. (a) Yes
10. Ans. (b) No.
11. Ans. (b) No
12. Ans. (a) Yes
13. Ans. (a) Yes
14. Ans. (b) No
15. Ans. (a) Yes
16. Ans. (b) No.
17. Ans. (b) No.
18. Ans. (a)The provision is to save women and children from destitution
19. Ans. (b) The principle behind maintenance under this section is that a man has a duty to maintain his family
at his best capacity as he is the provider.
20. Ans. (b) No.
21. Ans. (a) Yes.
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22. Ans. (a) From Latin word Alimonia.
23. Ans. (a) Yes.
24. Ans. (a) Yes.
25. Ans. (a) Yes.
26. Ans. (a) Yes
27. Ans. (a) Yes.
28. Ans. (a) Yes.
29. Ans. (b) No.
30. Ans. (a) Yes.
31. Ans. (a) Yes.
Housing society
1. Ans. (c) Yes, by adjudicating the matter by way of arbitration or the normal civil litigation.
2. Ans. (a) Dr. William King has said, “co-operation is a voluntary act and all the power in the work cannot make
it compulsory; nor it is desirable that it should depend on any power but its own.
3. Ans (a) Yes.
4. Ans. (a) Yes
5. Ans (b) Every State has their own set of laws and rules.
6. Ans.(b) No
7. Ans.(a) Yes
8. Ans. (a) Yes.
9. Ans (a) Yes
10. Ans. (c) Yes, when he is in a fit state of mind.
11. Ans. (b) No
12. Ans. (a) Yes
13. Ans (c) Every State has its own set of rules and regulation
14. Ans.(b) No
15. Ans. (a) Yes, but there can be exception.
16. Ans. (a) Yes there are rules and regulation governing the registration and if not complied with a society can not
register.
17. Ans. (a) Yes, in general
18. Ans. (a) Yes, in general
19. Ans. (a) Federal Society
20. Ans. (b) No
21. Ans. (a) Yes
22. Ans. (b) A society, which has as its objects the promotion of the economic interests or general welfare of its
members, or of the public, in accordance with co-operative principles, or a society established with the object of
facilitating the operations of any such society, can be registered.
23. Ans. (a) Yes
24. Ans. (a) Limited and Unlimited Liability
25. Ans. (b) No
26. Ans. (a) Yes
27. Ans. (b) Deputy Registrar of the society
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28. Ans. (b) No
29. Ans. (b) No.
30. Ans. (b) No
31. Ans. (c) Little deviation permissible if the circumstances justify the same
32. Ans. (a) Yes
33. Ans. (b) The order of court depending on the findings not to act as a precedent.
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