PLEADINGS

1. What are ‘pleadings’? Where do you find definitions of ‘pleadings’?

• Pleadings are formal written statements filed by the parties in a court of law
stating their claims and defenses.
• Defined under Order 6, Rule 1 of the Code of Civil Procedure (CPC), 1908:
"Pleadings" include the plaint (filed by the plaintiff) and the written statement
(filed by the defendant).

2. What are the four principal rules of pleadings? What are the other rules?
• Principal Rules:
1. Plead material facts, not evidence.
2. Avoid ambiguous or vague language.
3. Every pleading must state facts concisely and clearly.
4. Law should not be pleaded.
• Other Rules:
1. Pleadings must disclose a cause of action.
2. Pleadings must avoid irrelevant or unnecessary details.
3. Alternative and inconsistent pleadings are allowed under Order 6, Rule 7, CPC.

3. What are the exceptions to the rule that “law should not be pleaded”?
• Certain statutory provisions or rules of law (like limitation or jurisdiction) may
need to be pleaded when relevant.
• Legal custom or usage that has the force of law can also be pleaded.

4. What is the significance of pleadings?

• Defines the issues in dispute.
• Helps the court identify material facts.
• Prevents surprises during trial.
• Facilitates effective case management.

5. What type of paper is used to write pleadings?

Pleadings are generally typed or printed on legal-size paper or bond paper as per the
local court rules.

6. What are the dimensions of margins allowed in pleadings?

As per standard practice:
• Top margin: 1.5 inches.
 • Bottom margin: 1 inch.
• Left margin: 2 inches (for binding).
• Right margin: 1 inch.
(Check your local court rules for specifics).

7. What is ‘cause title’? What are its parts?

The "cause title" is the heading of the case that identifies the court, parties, and case
number.
Parts:
1. Forum: Name of the court.
2. Case number: Unique number assigned to the case.
3. Parties: Names of the plaintiff(s) and defendant(s).

8. How do you write the case number? Where do you write it?
• Format: Case Type / Year (e.g., OS 123/2024).
• It is written in the cause title, below the name of the court.

9. What is ‘forum’? What are its parts? How do you write it? Where do you
write it?
The forum refers to the court where the case is filed.
Parts:
1. Name of the court.
2. Jurisdiction (if applicable).
It is written at the top of the cause title.

10. Which are the civil courts in Karnataka? What is their hierarchy?
Hierarchy (from lowest to highest):
1. Small Causes Courts.
2. Civil Judge (Junior Division).
3. Civil Judge (Senior Division).
4. District and Sessions Courts.
5. Karnataka High Court.

11. Which law establishes civil courts?

• The Karnataka Civil Courts Act, 1964 establishes civil courts in Karnataka.
 • The Code of Civil Procedure (CPC), 1908 governs their functioning.

12. What is the jurisdiction of civil courts according to Sec. 9, CPC?

Civil courts have jurisdiction to try all suits of a civil nature unless expressly barred by
law.

13. What is meant by ‘civil nature’?

A matter involving private rights, property, or obligations between individuals, as
opposed to criminal or public rights.

14. Who are ‘parties’? How many parties are there to any proceeding?
• Parties are individuals or entities involved in a legal proceeding.
• Generally, there are at least two parties: the plaintiff (initiator) and the
defendant (responder).

15. What are the types of parties? What is the effect of non-joinder of a
necessary party?
• Types:
1. Necessary parties.
2. Proper parties.
• Effect of non-joinder: If a necessary party is not joined, the suit may be
dismissed for being defective.

16. Who may institute a suit?

Any person who has a legal right or a personal interest in the matter may institute a
suit (Order 1, Rule 1, CPC).

17. How do you describe parties?

Parties are described by their name, address, and status (e.g., plaintiff/defendant) in
the plaint or written statement.

18. Who are the parties to a suit/complaint/appeal/petition/application?

• Plaintiff: The one who files the case.
• Defendant: The one against whom the case is filed.
• Appellant and Respondent in appeals.
 • Petitioner and Respondent in writ petitions or applications.

19. Who is an opposite party? Who is an opposite party to a

plaintiff/defendant?
The opposite party is the party against whom the claim is filed.
• To a plaintiff, the defendant is the opposite party.
• To a defendant, the plaintiff is the opposite party.

20. What are the different types of defendants?

• Principal defendant.
• Pro forma defendant (joined for procedural compliance).
• Necessary or proper defendant.

21. Who is a ‘pro forma defendant’?

A defendant against whom no relief is sought but is joined to comply with legal
requirements.

22. What is meant by ‘transposition of parties’?

Changing the position of a party from plaintiff to defendant or vice versa when their role
aligns better with the opposing side.

23. What is ‘provision’?

A provision is a specific section, clause, or rule in a statute or document that defines
legal obligations or rights.

24. How do you write the opening paragraph?

The opening paragraph introduces the cause title, jurisdiction, and outlines the main
facts or grievances.

25. What is ‘cause of action’?

The bundle of facts that give rise to a party's right to file a suit.
26. What is ‘limitation’? Ordinarily, when does the period of limitation
commence?
• Limitation refers to the time period within which a legal action must be initiated,
as prescribed under the Limitation Act, 1963.
• The limitation period ordinarily commences from the date when the cause of
action arises, unless otherwise specified by law.
•

27. What is the effect of bar of limitation?

A suit, appeal, or application filed after the expiry of the limitation period is barred by
law and is liable to be dismissed.

28. Can the bar of limitation be waived? Why?

No, the bar of limitation cannot be waived, as it is a matter of law and public policy
intended to ensure timely adjudication of disputes.

29. Can the bar of limitation be raised at the appellate level?

Yes, the bar of limitation can be raised at the appellate level if it has not been
addressed in the original proceedings.

30. What is the period of limitation to file a suit for recovery of debt?
The limitation period for recovery of debt is 3 years from the date the debt becomes due
or the date of acknowledgment of the debt (if applicable).

31. What happens if the last day of limitation is a holiday?

As per Section 4 of the Limitation Act, 1963, if the last day of limitation is a holiday, the
action can be initiated on the next working day.

32. What happens to limitation if the plaintiff is a minor when the cause of
action arises?
Under Section 6 of the Limitation Act, 1963, the limitation period begins only when the
minor attains the age of majority.

33. What is ‘jurisdiction’? What are the different types of jurisdiction?

Jurisdiction is the authority of a court to hear and decide a case.
Types of jurisdiction:
1. Subject-matter jurisdiction (based on the nature of the case).
2. Pecuniary jurisdiction (based on the value of the suit).
3. Territorial jurisdiction (based on geographic location).
4. Original/Appellate jurisdiction (based on the stage of the case).

34. Who fixes the jurisdiction of a court?

Jurisdiction is fixed by statutes, such as the Code of Civil Procedure (CPC), the
Limitation Act, or specific state laws.

35. What are the powers of a court in deciding jurisdiction?

A court has the power to:
• Examine whether it has jurisdiction.
• Dismiss cases if it lacks jurisdiction.
• Transfer the case to a competent court if necessary.

36. Can parties decide about jurisdiction?

Parties cannot alter statutory jurisdiction. However, they may agree to a jurisdictional
clause in a contract where two competent courts have overlapping jurisdiction.

37. What are the rights of a plaintiff in respect of jurisdiction?

The plaintiff has the right to:
• File the suit in a court having proper jurisdiction.
• Choose among multiple courts if more than one has jurisdiction.

38. What is meant by ‘competence of a court’?

The competence of a court refers to its legal authority to adjudicate a matter,
determined by its jurisdiction and statutory powers.

39. What is the effect of a judgment or an order passed without

competence?
A judgment or order passed by an incompetent court is null and void and
unenforceable.
40. What is the effect of a judgment or an order passed without
jurisdiction?
A judgment or order passed without jurisdiction is invalid and can be challenged in a
higher court.

41. What happens if a plaint is presented to a court which lacks

jurisdiction?
The court will either:

Return the plaint under Order 7, Rule 10, CPC, for presentation to the proper court.
Dismiss the suit if no competent court exists.

42. What is ‘pecuniary jurisdiction’? What does it depend upon?

Pecuniary jurisdiction refers to the financial value of the subject matter of the suit.
It depends on the value of the claim or relief sought in the plaint.

43. What is a ‘suit’? What are the different types of suits?

A suit is a legal action initiated by a party to seek relief or enforce a right in a court.
Types of suits:
1. Civil suits.
2. Criminal suits.
3. Summary suits.
4. Public Interest Litigation (PIL).
5. Partition suits, etc.

44. What is a ‘small-cause case’? What is an original suit?

• Small-cause case: A case involving small monetary claims, heard by courts with
limited pecuniary jurisdiction.
• Original suit: A suit filed directly in a court with original jurisdiction.

45. What are the pecuniary jurisdictions of different courts in Karnataka?

As per the Karnataka Civil Courts Act, pecuniary jurisdiction is:
• Civil Judge (Junior Division): Up to ₹5 Lakhs.
• Civil Judge (Senior Division): Above ₹5 Lakhs.
• District Courts: Appeals or cases above ₹10 Lakhs.
46. Which law provides for pecuniary jurisdictions of courts?
The Karnataka Civil Courts Act, 1964 specifies pecuniary jurisdiction in Karnataka.

47. Can a Civil Judge pass a decree for ₹5,50,000?

No, a Civil Judge (Junior Division) cannot pass a decree for ₹5,50,000 as it exceeds their
pecuniary jurisdiction.

48. Can a suit valued at ₹4 Lakhs be heard by Senior Civil Court or District
Court?
No, a suit valued at ₹4 Lakhs must be heard by a Civil Judge (Junior Division) as it falls
within their pecuniary jurisdiction.

49. In such a suit, can the jurisdiction of the court be challenged? On what
ground?
Yes, jurisdiction can be challenged on the ground of pecuniary jurisdiction being
improperly exercised.

50. What will be the validity of the decree passed by the District Court in
such a suit?
A decree passed by the District Court in a suit beyond its jurisdiction is invalid and void
and can be set aside.
51. What is territorial jurisdiction? What is the alternative term for it?
• Territorial jurisdiction refers to the geographic area within which a court has the
authority to hear and decide a case.
• Alternative term: Local jurisdiction.

52. Which law deals with territorial jurisdiction of civil courts?

Sections 16 to 20 of the Code of Civil Procedure (CPC), 1908 deal with territorial
jurisdiction.

53. Where can a suit in respect of immovable property be instituted?

As per Section 16, CPC, a suit related to immovable property must be filed in the court
within whose jurisdiction the property is located.

54. Where can a suit in respect of movable property be instituted?

As per Section 19, CPC, a suit related to movable property can be filed in the court
within whose jurisdiction:
1. The defendant resides or carries on business.
2. The movable property is located.

55. What is meant by ‘concurrent jurisdiction’?

Concurrent jurisdiction arises when two or more courts have jurisdiction to hear the
same case.

56. Who may decide in which of the courts having concurrent jurisdiction, a
suit should be filed?
The plaintiff decides in which court to file the suit when multiple courts have
concurrent jurisdiction.

57. What is ‘court fee’? What is the basis for computing court fee?
Court fee is the fee payable to the court for filing a suit, appeal, or application.
The basis for computing court fee depends on:
• The value of the relief sought.
• The nature of the suit (fixed or ad valorem fee).
58. If proper court fee is not paid on the plaint, what happens?
• If proper court fee is not paid, the court may:
• Reject the plaint under Order 7, Rule 11, CPC.
• Permit the plaintiff to rectify the defect within a specified time.

59. What should a plaintiff not having sufficient means to pay court fee do?
The plaintiff can file the suit as an indigent person under Order 33, CPC, by submitting
an application to be exempted from paying the court fee.

60. What should a plaintiff not having sufficient money to pay court fee do?
The plaintiff must follow the same process as above, filing as an indigent person under
Order 33, CPC.

61. How are suits valued? Why are suits valued?

• Suits are valued based on:
a. The relief sought.
b. The subject matter of the dispute.
• Valuation is necessary to:
a. Determine the court's pecuniary jurisdiction.
b. Compute the court fee.

62. What does Order II, Rule 2, CPC provide?

• Order II, Rule 2, CPC states that a plaintiff must include all claims related to the
same cause of action in one suit.
• Omission to include any claim bars filing a separate suit for the same.

63. Can two separate suits for principal and interest be instituted?
No, under Order II, Rule 2, CPC, principal and interest must be claimed together in the
same suit.

64. What is a ‘verification clause’? How do you write it?

A verification clause confirms the truth of the facts stated in the pleading.
Example:
“I, [Name], the plaintiff, do hereby declare that the contents of paragraphs [X] to [Y] are
true to my knowledge, and paragraphs [Z] are based on information believed to be
true.”
65. What is res judicata?
Res judicata (Section 11, CPC) is the principle that once a matter has been finally
decided by a competent court, it cannot be re-litigated between the same parties.

66. What is res subjudice?

Res subjudice (Section 10, CPC) prevents a court from proceeding with a case if the
same matter is already pending in another court of competent jurisdiction.

67. What are the differences between res judicata and res subjudice?
• Res judicata applies to decided cases, whereas res subjudice applies to
pending cases.
• Res judicata bars re-litigation, while res subjudice prevents parallel litigation.

68. What is meant by disposal on merits and disposal on technicalities?

• Disposal on merits: A case is decided based on the evidence and legal
arguments presented.
• Disposal on technicalities: A case is dismissed due to procedural or legal
defects (e.g., limitation, lack of jurisdiction).

69. What is a plaint?

A plaint is a written statement filed by the plaintiff to initiate a civil suit, detailing the
facts, claims, and relief sought.

70. What are the parts of a plaint?

Parts of a plaint:
1. Cause title: Court name, case number, and parties' details.
2. Jurisdiction: Statement on court's jurisdiction.
3. Facts: Material facts of the case.
4. Cause of action: Reason for filing the suit.
5. Relief: The relief sought by the plaintiff.
6. Verification: Affirmation of facts.

71. Under which provision is a plaint presented?

A plaint is presented under Order 7, Rule 1 of the CPC.
72. What is a money suit?
A money suit is a suit filed for recovery of a specific amount of money due, such as debt
or damages.

73. What are the different types of interests?

Types of interests:
1. Pre-suit interest: Interest accrued before filing the suit.
2. Pendente lite interest: Interest accrued during the pendency of the suit.
3. Post-judgment interest: Interest accrued after the decree.

74. What is ‘written statement’? What should it contain?

A written statement is the defendant's reply to the plaint, outlining their defenses and
objections.
It should contain:
1. Admissions or denials of allegations.
2. Additional facts supporting the defense.
3. Objections regarding jurisdiction or limitation.

75. What is ‘set off’? What is ‘counterclaim’?

• Set-off: A claim made by the defendant against the plaintiff for an ascertained
sum of money, reducing the plaintiff's claim.
• Counterclaim: A claim by the defendant against the plaintiff for relief exceeding
or unrelated to the plaintiff's claim.

76. Is there any court fee to be paid on a ‘written statement’?

Generally, no court fee is payable on filing a written statement, as it is the defendant’s
reply to the plaint. However, if the defendant files a set-off or counterclaim, court fees
must be paid on the value of the set-off or counterclaim.

77. What is meant by ‘ex parte’?

Ex parte refers to proceedings conducted in the absence of one party (usually the
defendant) when they fail to appear in court despite proper notice.

78. If a defendant is placed ex parte, what is the remedy available to him?

The defendant can file an application under Order 9, Rule 7, CPC to set aside the ex
parte proceedings by showing sufficient cause for their absence.

79. If a suit is decreed ex parte, what can the defendant do?

The defendant can:
1. File an application under Order 9, Rule 13, CPC to set aside the ex parte decree
by showing sufficient cause.
2. File an appeal or review of the decree, depending on the case.

80. What are the two types of applications? How do they differ?
• The two types of applications are:
1. Interlocutory Applications (IA): Filed during the pendency of the suit to seek
interim relief.
2. Substantial Applications: Filed independently to initiate substantive
proceedings (e.g., execution petition, caveat).
• Difference: IAs are ancillary to the main case, whereas substantial applications
are independent.

81. What is an ‘Interlocutory Application’? What are its special features?

Interlocutory Application (IA): A formal request to the court for interim relief or orders
during the pendency of the main suit.
Special features:
1. It does not dispose of the main suit.
2. Relief is temporary in nature.
3. It may require an affidavit.

82. Give any three examples of IAs.

1. Application for temporary injunction (Order 39, CPC).
2. Application for attachment before judgment (Order 38, CPC).
3. Application for substitution of parties (Order 22, CPC).

83. What are the two parts of an IA? Who signs them?
The two parts of an IA are:
1. Form of the application (signed by the advocate).
2. Affidavit in support of the application (signed and sworn by the applicant).

84. Is it mandatory to file affidavit with all IAs?

Yes, in most cases, an affidavit is mandatory to support the facts stated in the IA.

85. What is meant by submission? What is a memorandum?

• Submission: Presenting arguments or statements of fact/law to the court.
• Memorandum: A written document summarizing the submissions made or the
relief sought (e.g., memorandum of appeal).

86. What happens if more than one relief is claimed in an IA?

The court may grant all, some, or none of the reliefs depending on their validity. Reliefs
must be connected and justified.

87. What is an extraordinary remedy? Give examples.

Extraordinary remedy: Relief provided under special circumstances beyond ordinary
legal proceedings.
Examples:
1. Writ petitions under Articles 32 and 226 of the Constitution.
2. Injunctions or specific performance under special laws.

88. What is an equitable remedy in the Indian context? Give an example.

Equitable remedy: Relief based on principles of equity, fairness, and justice.
Example: Temporary injunction to restrain a party from acting unfairly.

89. Under which provision is an IA for temporary injunction presented?

Order 39, Rules 1 and 2, CPC.

90. Under which provision is an IA for attachment before judgment filed?

Order 38, Rule 5, CPC.

91. Under which provision is an IA for arrest before judgment presented?

Order 38, Rule 1, CPC.

92. What is ‘substantial application’? What case number is given to it?

 • A substantial application initiates substantive proceedings independent of the
main suit (e.g., execution petition, caveat).
• Case number: Substantial applications are given a separate number, such as
Execution Petition (EP) No. or Caveat Petition (CP) No..

93. Give an example of a substantial application.

Example: Execution Petition for enforcing a decree.

94. What is a ‘caveat petition’? Under which provision is it presented?

Caveat petition: A notice filed by a person requesting the court to hear them before
granting any order in a matter affecting them.
Provision: Section 148A, CPC.

95. What is the case number given to a caveat petition?

A caveat petition is given the number Caveat Petition (CP) No. [X].

96. To which court is a caveat petition lodged? What is its term of

operation?
• A caveat petition is lodged with the court where the suit or application is likely
to be filed.
• Term of operation: 90 days from the date of filing.

97. What is the court fee to be paid on a caveat petition?

The court fee for a caveat petition is typically Rs. 50, but it may vary depending on state
rules.

98. What is the procedure for lodging a caveat petition?

1. Draft and file the caveat petition with the court.
2. Serve notice of the caveat on the opposite party.
3. Pay the prescribed court fee.

99. What is an execution petition?

An execution petition is filed to enforce or execute a decree or order passed by the
court.
100. Who are the parties to an execution petition?
Parties to an execution petition:
1. Decree-holder: The party in whose favor the decree is passed.
2. Judgment-debtor: The party against whom the decree is to be executed.

101. What is an ‘appeal’? When does that right accrue? What kind of right
is it?
• Appeal: A legal process by which a party requests a higher court to review the
decision of a lower court.
• Right accrues: The right to appeal accrues only when the law explicitly provides
for it (e.g., against a decree or order specified as appealable under the CPC).
• Kind of right: It is a statutory right, not an inherent right, and must be granted by
the relevant statute.

102. Who are the parties to an appeal?

• Appellant: The party filing the appeal.
• Respondent: The opposite party against whom the appeal is preferred.

103. What is the limitation for preferring a first appeal?

The limitation period for filing a first appeal is generally 90 days for a decree and 30
days for an order (as per the Limitation Act, 1963).

104. How is this limitation computed?

The limitation period is computed from the date of the decree or order. If the
decree/order is not immediately available, it is computed from the date the certified
copy is made available.

105. What happens if an appeal is not preferred within the limitation?

The appeal will be dismissed as time-barred, unless the appellant files an application
for condonation of delay under Section 5 of the Limitation Act and sufficient cause for
the delay is shown.

106. Against whom is an appeal preferred?

An appeal is preferred against the respondent, i.e., the party in whose favor the lower
court’s judgment, decree, or order was passed.
107. What is a judgment? Does an appeal lie against a judgment of a court?
Judgment: A formal pronouncement of the reasons for a court’s decision.
An appeal does not lie against a judgment alone; it must be accompanied by a decree
or order unless the statute explicitly allows appeals against judgments (e.g., under
Letters Patent or Constitution).

108. What are the different types of appeal?

1. First Appeal (Regular Appeal): Filed against a decree under Section 96, CPC.
2. Second Appeal: Filed on substantial questions of law under Section 100, CPC.
3. Miscellaneous Appeal: Filed against appealable orders under Order 43, Rule 1,
CPC.

109. What is a ‘decree’? What kind of appeal lies against a decree?

• Decree: A formal expression of a court’s decision regarding the rights of parties
in a suit.
• Appeal: A first appeal lies against a decree under Section 96, CPC.

110. What is an ‘order’? What kind of appeal lies against an order?

• Order: A formal expression of a court’s decision other than a decree.
• Appeal: Miscellaneous appeals lie against appealable orders specified under
Order 43, Rule 1, CPC.

111. Are all orders appealable? Explain.

No, only those orders explicitly listed as appealable under Order 43, Rule 1, CPC or
under specific statutes can be appealed.

112. What are the different stages of an appeal?

1. Filing: Submitting the memorandum of appeal.
2. Admission: Court decides if the appeal is maintainable.
3. Hearing: Arguments from both parties are presented.
4. Judgment/Order: Final decision by the appellate court.

113. Under which provision is regular first appeal preferred?

Section 96, CPC.
114. Under which provision is regular second appeal preferred?
Section 100, CPC.

115. Under which provision is miscellaneous appeal preferred?

Order 43, Rule 1, CPC.

116. What are the main differences between a first appeal and second
appeal?
• First Appeal:
a. Filed against facts and law.
b. Governed by Section 96, CPC.
• Second Appeal:
a. Filed only on substantial questions of law.
b. Governed by Section 100, CPC.

117. What are the powers of an appellate court?

1. Confirm, reverse, or modify the decree or order.
2. Remand the case to the lower court.
3. Take additional evidence or require a re-trial.
4. Pass any order as deemed fit.

118. What are the case numbers given to different types of appeals?
• First Appeal: Regular Appeal (RA) No.
• Second Appeal: Second Appeal (SA) No.
• Miscellaneous Appeal: Miscellaneous Appeal (MA) No.
•

119. What is a compromise decree?

A decree passed based on a mutual agreement or settlement between the parties,
recorded by the court under Order 23, Rule 3, CPC.

120. Does an appeal lie against a compromise decree? Why?

No, an appeal does not lie against a compromise decree, as it is based on the mutual
consent of parties. Exceptions may apply if fraud or coercion is alleged.

121. What is ‘succession’? What are the different modes of succession?

Succession: The process by which the property of a deceased person is transferred to
their heirs or beneficiaries.
Modes of succession:
• Testamentary succession: Based on a will.
• Intestate succession: In the absence of a will, governed by personal laws.

122. What is ‘testamentary succession’?

Succession governed by a valid will left by the deceased.

123. Who are the successors in a testamentary succession?

The beneficiaries named in the will are the successors.

124. Whose estate do they succeed to?

They succeed to the estate of the testator, i.e., the person who made the will.

125. Who are the successors in an intestate succession?

The legal heirs of the deceased as per personal laws (e.g., Hindu Succession Act, 1956
or Muslim Personal Law) include:
1. Spouse.
2. Children.
3. Parents.
4. Other relatives as per the order of succession.

126. Whose estate do they succeed to?

Successors inherit the estate of the deceased person (testator in testamentary
succession or intestate person in intestate succession).

127. What is a ‘will’? What are the types of wills?

Will: A legal declaration of a person’s intention regarding the distribution of their
property after death.
Types of wills:
1. Privileged will: Made by soldiers, sailors, or airmen during active service.
2. Unprivileged will: Made by all other persons as per Section 63 of the Indian
Succession Act, 1925.
128. How is an unprivileged will made?
An unprivileged will must:
1. Be in writing.
2. Be signed by the testator.
3. Be attested by at least two witnesses who have seen the testator sign or
acknowledge the will.

129. What is ‘probate’? Who may apply for it?

• Probate: A certified copy of a will issued by a court, confirming the validity of the
will and the executor’s authority.
• Who may apply: The executor named in the will.

130. Who is an ‘executor’?

An executor is a person appointed in a will to administer the estate of the deceased in
accordance with the terms of the will.

131. Who is an administrator?

An administrator is a person appointed by a court to administer the estate of a
deceased person who dies intestate (without a will) or where there is no executor.

132. What is ‘letter of administration’? Who may apply for it? Who grants
it?
• Letter of Administration: A document issued by a court granting a person the
authority to administer the estate of a deceased person.
• Who may apply: Legal heirs or other interested persons in case of intestate
succession or absence of an executor.
• Who grants it: The competent civil court.

133. What is the effect of granting a letter of administration?

The administrator gains the legal authority to:
1. Collect the deceased’s assets.
2. Settle debts and liabilities.
3. Distribute the estate as per applicable laws.

134. What is the procedure where an executor dies, refuses to act, etc.?
In such cases, the court appoints an administrator to act in place of the executor under
the provisions of the Indian Succession Act, 1925.

135. In which court do you present an application for a succession

certificate?
The application is filed in the District Court within whose jurisdiction the deceased
resided or where the property is located.

136. What is the case number given to an application for a succession

certificate?
It is typically numbered as Succession Certificate Petition (SCP) or similar, depending
on the jurisdiction.

137. Who is a guardian? Who are the persons for whom there may be
guardians?
• Guardian: A person legally appointed to manage the affairs of a minor or a
person of unsound mind.
• Persons:
1. Minors.
2. Persons of unsound mind.
3.

138. What are the different types of guardians?

• Natural guardian: Parents of a minor.
• Testamentary guardian: Appointed through a will.
• Court-appointed guardian: Appointed by a competent court.
• Guardian ad litem: Appointed for representation in specific legal proceedings.

139. Who is a ‘guardian ad litem’? Who appoints him?

Guardian ad litem: A guardian appointed to represent a minor or incapacitated person
in legal proceedings.
Appointed by: The court.

140. Who is a ‘certificated guardian’? Who appoints him?

Certificated guardian: A guardian appointed under a court-issued certificate.
Appointed by: A competent civil court under the Guardians and Wards Act, 1890.
141. What is a Family Court? What is its jurisdiction?
Family Court: A specialized court established under the Family Courts Act, 1984, to
deal with family and matrimonial disputes.
Jurisdiction: Covers cases like divorce, custody, maintenance, and property disputes
between family members.

142. Can a party be represented by an advocate as a matter of right before

a Family Court?
No, representation by an advocate requires the court’s permission as per Section 13 of
the Family Courts Act, 1984.

143. What is a consumer dispute? How do they arise?

Consumer dispute: A dispute arising between a consumer and a seller/service provider
regarding deficiency in goods or services.
Arise due to: Defective goods, deficient services, unfair trade practices, etc.

144. Which is the forum for resolving consumer disputes?

Consumer Dispute Redressal Forums:
• District Consumer Forum.
• State Commission.
• National Commission.

145. What are their respective pecuniary jurisdictions?

• District Forum: Up to ₹50 lakhs.
• State Commission: ₹50 lakhs to ₹2 crores.
• National Commission: Above ₹2 crores.

146. What is the limitation for lodging a consumer complaint?

Two years from the date of the cause of action.

147. What is a complaint under criminal law? To whom is it made?

Complaint: An allegation made to a Magistrate with a view to initiating criminal
proceedings.
Made to: A Magistrate having jurisdiction.

148. What are the criminal courts in Karnataka?

Criminal courts include:
1. High Court of Karnataka (as a court of appeal).
2. Sessions Court.
3. Judicial Magistrates of First Class (JMFC).
4. Judicial Magistrates of Second Class (JMSC).

149. Under which law are criminal courts established?

Criminal courts are established under the Code of Criminal Procedure, 1973.

150. What are the different types of complaints under criminal law?
Explain.
1. Private complaint: Filed by an individual for offenses not cognizable by the
police.
2. Police report (FIR): Filed by the police after investigation of a cognizable
offense.
3. Complaint by public servant: Filed by authorized government officials for
specific offenses.

151. Under which provision does a Magistrate take cognizance of an offence?

• A Magistrate takes cognizance of an offence under Section 190 of the Code of

Criminal Procedure (CrPC), 1973.

152. Is there any limitation for making a criminal complaint?

• Yes, the limitation period for making a criminal complaint is provided under
Section 468 of CrPC, which depends on the punishment prescribed for the
offence:
o Up to 1 year imprisonment: 6 months.
o Up to 3 years imprisonment: 1 year.
o Above 3 years: No limitation.
153. Who are the parties to a complaint?

• The parties are:

o Complainant: The person making the complaint.
o Accused: The person against whom the complaint is made.

154. What are the case numbers given to complaints?

• Criminal complaints are generally numbered as C.C. (Criminal Case) or P.C.

(Private Complaint), depending on the jurisdiction and procedure followed.

155. A is accused of committing murder. Where should the complaint be lodged?

• The complaint should be lodged with the police station having jurisdiction over
the place of occurrence or directly before the Magistrate under Section 190
CrPC. Since murder is a cognizable offence, the case will be tried in the
Sessions Court.

156. What is meant by ‘double jeopardy’?

• Double jeopardy refers to the principle that a person cannot be prosecuted or

punished twice for the same offence. It is protected under Article 20(2) of the
Indian Constitution and Section 300 of CrPC.

157. A is discharged from a complaint. Can a fresh complaint be lodged?

• Yes, a fresh complaint can be lodged if:

o The earlier discharge order is not based on merits.
o New evidence emerges after the discharge.

158. What is meant by ‘the same offence’?

• It refers to an offence with identical facts, circumstances, and legal

ingredients as alleged in the earlier proceedings.
159. What is Sec. 138 of the Negotiable Instruments Act? When is it applicable?

• Section 138 NI Act deals with the dishonor of cheques due to insufficiency of
funds or exceeding the arrangement. It is applicable when:
o A cheque is presented and dishonored.
o A demand notice is sent, and payment is not made within 15 days.

160. What is the procedure for making a complaint under Sec. 138 NI Act?

1. Send legal notice: Demand payment within 30 days of dishonor.

2. Wait for 15 days: For payment by the drawer.
3. File a complaint: Within 30 days of expiry of the 15-day notice period before the
Magistrate.

161. What is a ‘bail’? What are the different types of bail?

• Bail is the temporary release of an accused person during trial or investigation.

• Types of bail:
o Regular bail: Granted under Sections 437 & 439 CrPC.
o Anticipatory bail: Under Section 438 CrPC.
o Interim bail: Temporary bail granted pending a final decision.

162. What are the different provisions of CrPC applicable to bails?

• Key provisions:
o Section 436: Bailable offences.
o Section 437: Non-bailable offences.
o Section 438: Anticipatory bail.
o Section 439: Special powers of Sessions and High Court.

163. What is a ‘regular bail’?

• Regular bail is the release of an accused on bail after arrest, granted by a court
under Section 437 or 439 CrPC.
164. What is the difference between bailable and non-bailable offences?

• Bailable offences: The accused has a right to bail. (e.g., minor offences like
theft).
• Non-bailable offences: Bail is discretionary and depends on the court. (e.g.,
serious offences like murder).

165. What is an ‘anticipatory bail’?

• Anticipatory bail is a pre-arrest bail granted under Section 438 CrPC to prevent
arrest in cases where a person apprehends being falsely implicated.

166. Can a JMFC grant anticipatory bail? Which court can grant it?

• No, a JMFC cannot grant anticipatory bail. Only the Sessions Court or High
Court can grant anticipatory bail under Section 438 CrPC.

167. Which are the courts having jurisdiction in the matter of bail?

• For bailable offences: Magistrate.

• For non-bailable offences: Magistrate, Sessions Court, or High Court.
• Anticipatory bail: Sessions Court or High Court.

168. Can a bail application be made to Sessions Court or High Court directly?

• Yes, for non-bailable offences or anticipatory bail, a direct application can be

made to the Sessions Court or High Court.

169. How does the cause title differ in bail applications before JMFC and HC?

• Before JMFC: "In the Court of Judicial Magistrate of First Class."

• Before HC: "In the High Court of Karnataka."
170. Can a police officer release an accused on bail? When?

• Yes, under Section 436 CrPC, a police officer can release an accused on bail in
bailable offences.

171. Can successive applications for bail be made in the same case?

• Yes, successive bail applications can be made if:

o There is a change in circumstances.
o New evidence or grounds arise.

172. Can a bail application be made to JMFC after it is rejected by HC? Explain.

• No, once the High Court rejects the bail application, a lower court (JMFC)
cannot entertain the same application as it is bound by the decision of the higher
court.

173. What is ‘maintenance’? Under which laws can it be claimed?

• Maintenance: Financial support provided to dependents.

• Laws:
o Section 125 CrPC: For spouse, children, and parents.
o Hindu Adoption and Maintenance Act, 1956.
o Muslim Personal Law (Shariat).

174. Is it a civil matter or criminal matter?

• Maintenance under Section 125 CrPC is a criminal matter, but claims under
personal laws can be civil matters.

175. In which court can it be claimed?

• Under CrPC: Family Court or Magistrate's Court.

• Under personal laws: Family Court or Civil Court.
176. What is the case number given to a maintenance petition under Sec. 125?

• Maintenance petitions under Section 125 CrPC are typically numbered as Crl.
Misc. Petition (Criminal Miscellaneous Petition).

177. What is the maximum amount of maintenance awardable under Sec. 125,
CrPC?

• There is no upper limit specified in Section 125 CrPC for the maintenance
amount. It is determined by the court based on the income and financial
condition of the respondent and the needs of the claimant.

178. Who may claim maintenance under Sec. 125, CrPC?

• The following individuals can claim maintenance under Sec. 125 CrPC:
o Wife (including divorced wife if she has not remarried).
o Minor children (legitimate or illegitimate).
o Parents (if unable to maintain themselves).

179. Can a Muslim woman claim maintenance under Sec. 125, CrPC?

• Yes, a Muslim woman can claim maintenance under Sec. 125 CrPC. However,
after the enactment of the Muslim Women (Protection of Rights on Divorce)
Act, 1986, the provisions of this Act primarily apply to divorced Muslim women.

180. Can a husband claim maintenance from his wife under Sec. 125, CrPC?

• No, a husband cannot claim maintenance under Sec. 125 CrPC. However, under
certain personal laws, a husband may seek maintenance if he is incapacitated
or unable to earn.

181. Can a parent claim maintenance from a daughter under Sec. 125, CrPC?

• Yes, a parent can claim maintenance from a daughter under Sec. 125 CrPC if the
parent is unable to maintain themselves and the daughter has sufficient means.
182. Court of which place has jurisdiction to grant maintenance to wife u/s 125?

• A maintenance petition can be filed in the court where:

o The wife resides.
o The husband resides.
o The place where the parties last resided together.

183. Can maintenance be claimed under CrPC and personal law both
simultaneously?

• Yes, maintenance can be claimed under both CrPC and personal laws
simultaneously. However, the courts ensure that there is no duplication or
overlapping of maintenance amounts.

184. What is a regular second appeal? To which court does it lie?

• A regular second appeal is an appeal against the judgment of the first appellate
court. It lies to the High Court under Section 100 of the CPC, and it must
involve a substantial question of law.

185. Can a regular second appeal lie on questions of fact?

• No, a regular second appeal under Section 100 CPC can only lie on substantial
questions of law, not on questions of fact.

186. What is ‘revision’? How does it differ from an appeal?

• Revision: A request to a higher court to examine the legality or correctness of a

lower court's order where no appeal lies.
• Differences:
o Revision deals with jurisdictional errors, while appeal deals with merits
of the case.
o Revision lies only where no appeal is allowed.

187. Under which provision is a civil revision petition made?

• A civil revision petition is made under Section 115 of the CPC.

188. To which court does a civil revision petition lie?

• A civil revision petition lies to the High Court.

189. What is the case number given to a civil revision petition?

• Civil revision petitions are usually numbered as CRP (Civil Revision Petition).

190. Does revision lie against a decree of a court in a suit?

• No, revision does not lie against a decree unless it involves a jurisdictional
error. In such cases, an appeal is the appropriate remedy.

191. What is a ‘writ’? Which courts may issue writs?

• A writ is a legal remedy issued by a court to enforce fundamental rights or

correct a legal wrong.
• Courts: The Supreme Court (under Article 32) and High Courts (under Article
226).

192. Against whom can a writ be issued?

• A writ can be issued against:

o State authorities.
o Public officials.
o Private persons (in limited cases involving enforcement of public duties).

193. What is ‘State’?

• State includes the government (central and state), parliament, legislature, local
authorities, and other authorities under Article 12 of the Indian Constitution.
194. Can a High Court issue a writ to the central government?

• Yes, a High Court can issue a writ to the central government if the matter falls
within its territorial jurisdiction.

195. What are the provisions under which writs may be issued?

• Article 32: Supreme Court issues writs for enforcement of fundamental rights.
• Article 226: High Courts issue writs for fundamental rights and other purposes.

196. What is the difference between Art. 32 and Art. 226?

• Article 32:
o Can be invoked only for enforcement of fundamental rights.
o Filed in the Supreme Court.
• Article 226:
o Can be invoked for enforcement of fundamental rights and other legal
rights.
o Filed in the High Court.

197. What is the difference between jurisdictions under Art. 32 and Art. 226?

• Jurisdiction under Art. 32 is mandatory for fundamental rights, while jurisdiction

under Art. 226 is discretionary and broader in scope.

198. Under what grounds can a writ petition be rejected by the Supreme Court?

• Grounds for rejection:

o Lack of locus standi.
o Alternative remedy available.
o No violation of fundamental rights.
o Lack of merit in the petition.

199. Under what grounds can a writ petition be rejected by a High Court?

• Grounds for rejection:

o Alternative remedy available.
 o No violation of rights.
o Lack of territorial jurisdiction.
o Petition filed with delay.

200. What is the period of limitation for making a writ petition?

• There is no specific limitation period for filing a writ petition. However, courts
generally require petitions to be filed within a reasonable time, typically 3-6
months from the cause of action.

201. What is meant by delay and laches?

• Delay refers to the failure to act within a reasonable time after the cause of
action arises.
• Laches is the legal principle that bars a claim due to unreasonable delay, which
causes prejudice to the other party.

202. HC has rejected a petition for a writ. Can a fresh petition be made to SC?

• Yes, a fresh petition can be made to the Supreme Court under Article 32 of the
Constitution for the enforcement of fundamental rights.

203. Can a writ be issued suo motu by a court?

• Yes, a writ can be issued suo motu by the court in exceptional cases where the
violation of fundamental rights or public interest is apparent.

204. What is a writ of ‘habeas corpus’?

• Habeas Corpus means "produce the body." It is a writ issued to ensure that a
person detained unlawfully is brought before the court to determine the legality
of their detention.

205. Who may present a petition for habeas corpus?

• A detained person or any person on their behalf (such as a relative or friend)

may present a petition for habeas corpus.
206. When does a petition for habeas corpus lie?

• A petition for habeas corpus lies when:

o A person is illegally detained.
o The detention is without authority or legal justification.

207. What are the special rules applicable to habeas corpus?

•
o It can be filed by any person on behalf of the detainee.
2. It is given priority and must be decided expeditiously.
3. It applies to both public and private detention.

208. What is epistolary jurisdiction?

• Epistolary jurisdiction refers to the practice where courts accept informal

letters or postcards from individuals, particularly underprivileged persons, as
petitions for writs, especially in cases of fundamental rights violations.

209. Can a petition be made to SC after HC rejects a petition for habeas corpus?

• Yes, a petition can be made to the Supreme Court under Article 32 after the High
Court rejects a habeas corpus petition.

210. What is a writ of ‘mandamus’?

• Mandamus is a writ issued by a court directing a public authority to perform a

duty that is legally obligated.

211. When does a writ of mandamus lie?

• Mandamus lies when:

o A public authority fails to perform a statutory duty.
o There is no other adequate remedy available.
212. Can mandamus be issued for exercise of a discretionary power?

• No, mandamus cannot be issued to compel the exercise of a discretionary

power, but it can compel the authority to consider the matter fairly.

213. Can mandamus be issued for enforcing a contractual duty?

• No, mandamus cannot be issued to enforce purely contractual duties, as

these are governed by private law remedies.

214. What is ‘writ of prohibition’? What is a ‘writ of certiorari’? How do they differ?

• Prohibition: Issued to prevent a lower court or tribunal from exceeding its

jurisdiction.
• Certiorari: Issued to quash the decision of a lower court or tribunal made
without or in excess of jurisdiction.
• Difference: Prohibition is preventive, while certiorari is corrective.

215. What are the grounds for issuing a writ of certiorari?

• Grounds include:
o Lack of jurisdiction.
o Violation of natural justice.
o Error of law apparent on the face of the record.

216. Can writ of certiorari be issued to quash an Act?

• No, a writ of certiorari cannot quash an Act. However, the Act’s constitutionality
can be challenged through a writ petition.

217. Can a High Court quash a law made by the Parliament?

• Yes, a High Court can quash a law made by Parliament if it violates the
Constitution under its jurisdiction under Article 226.
218. What is a ‘writ of quo warranto’?

• Quo Warranto is a writ issued to challenge the validity of a person’s claim to a

public office.

219. What are the requirements for issuing a writ of quo warranto?

• Requirements:
o The office must be public.
o The person must unlawfully hold the office.
o The petitioner must prove the lack of legal authority of the officeholder.

220. What is public office?

• A public office is an office created by the Constitution, statute, or law where

duties are performed for public benefit.

221. What is an independent office?

• An independent office is a public office not subordinate to any other office,

where the officeholder exercises duties independently.

222. What is ‘locus standi’? What is the rule of locus standi?

• Locus standi refers to the legal right of a person to file a case or petition.
• The rule is that only a person affected by a legal wrong or violation of a right can
approach the court.

223. What are the exceptions to the rule of locus standi?

• Exceptions include:
o Public Interest Litigation (PIL).
o Cases involving fundamental rights violations.
o Representation by a third party in cases of habeas corpus or public
interest.
224. What is a PIL? Who can file a PIL?

• Public Interest Litigation (PIL) is a legal action initiated in a court for the
protection of public interest.
• Any public-spirited individual or organization can file a PIL.

225. What are different standings for initiating a PIL?

• PIL can be initiated:

o By a person/organization acting on behalf of marginalized groups.
o By a person/organization highlighting a matter of public concern (e.g.,
environmental issues, corruption).
o By the court itself, suo motu, in cases of significant public interest.
CONVEYANCING

1. What is conveyancing?

• Conveyancing refers to the legal process of transferring ownership or rights in

property (movable or immovable) from one person to another through written
documents.

2. Which law prescribes forms of conveyancing?

• The Transfer of Property Act, 1882 and the Registration Act, 1908 provide
guidelines for forms of conveyancing in India.

3. What is meant by ‘forms and precedents’?

• Forms refer to templates or formats of legal documents used in drafting.

• Precedents are previously used documents that serve as models for drafting
similar documents.

4. Is following these precedents mandatory? Then why should we follow them?

• No, following precedents is not mandatory. However, they are followed because
they:
o Ensure legal accuracy and compliance.
o Provide clarity and uniformity.
o Reduce drafting errors.

5. What is a ‘document’? What is ‘writing’? What is an ‘instrument’?

• Document: Any written, printed, or electronic record that provides information.

• Writing: Representation of words, letters, or characters on a medium for
communication.
• Instrument: A legal document that creates, transfers, modifies, or terminates
legal rights or obligations.
6. What is a ‘deed’? Why is it so called?

• A deed is a legal document used to convey ownership or rights. It is called so

because it is executed as a formal record of an act or agreement.

7. In what tense should a deed be written?

• A deed should be written in the present tense, as it is executed in the present to

convey current rights or obligations.

8. What are the three main ‘portions’ of a deed?

1. Non-operative portion: Includes recitals, title, and introduction.

2. Operative portion: Contains the main terms, rights, and obligations.
3. Formal portion: Includes execution, attestation, and registration details.

9. What are the parts of a deed which come under the ‘non-operative’ portion?

• Non-operative portion includes:

o Title.
o Date.
o Parties.
o Recitals.
o Consideration clauses.

10. What are ‘recitals’?

• Recitals are statements in a deed that explain the background, purpose, and
facts leading to the creation of the document.

11. Why is the ‘operative’ portion of deed called so?

• The operative portion is called so because it contains the essential terms that
legally convey rights, duties, or ownership.
12. What does the ‘operative’ portion of a deed contain?

• The operative portion contains:

o The granting clause.
o Description of property.
o Rights and obligations.
o Covenants and warranties.

13. What is a ‘testatum’ clause?

• The testatum clause is the part of the deed that attests or states the
consideration and agreement between the parties.

14. What is a ‘habendum’ clause?

• The habendum clause specifies the interest or estate granted by the deed and
defines the rights of the grantee.

15. What are ‘exceptions’ and ‘reservations’?

• Exceptions: Parts of the property that are excluded from the transfer.
• Reservations: Rights or privileges retained by the transferor.

16. What are ‘covenants’? What are the different types of covenants?

• Covenants are promises or agreements within a deed.

• Types of covenants:
o Affirmative covenants: Require action (e.g., maintenance of property).
o Restrictive covenants: Prohibit specific actions (e.g., no commercial
use).

17. What does the formal portion of a deed contain?

• The formal portion includes:

o Execution.
o Signature of parties.
o Attestation by witnesses.
 o Registration details.

18. What does the ‘parcels’ or ‘demise’ part of a deed show?

• The parcels or demise part describes the property being transferred, including
boundaries, dimensions, and location.

19. What is ‘execution’ of a document?

• Execution refers to the act of signing a document to give it legal validity.

20. What is meant by ‘signature’? What is its effect?

• Signature is the handwritten or authorized mark of a person on a document.

• Its effect is to indicate consent, acknowledgment, or authentication.

21. What are the different modes of ‘signing’ a document?

• Modes of signing include:

o Handwritten signature.
o Digital or electronic signature.
o Thumb impression (for illiterate persons).

22. What is meant by ‘primary’ and ‘secondary’ evidences of contents of a

document?

• Primary evidence: The original document itself.

• Secondary evidence: Copies or reproductions of the document, permitted
under certain circumstances.

23. What is meant by ‘multi-part’ document?

• A multi-part document is executed in multiple parts, each retained by different

parties to the transaction.
24. What is meant by ‘counter-part’ document?

• A counter-part document is an identical copy of the original document,

executed separately by the parties.

25. What is ‘attestation’ of a document?

• Attestation is the act of witnessing a document’s execution by signing it as a

witness, confirming the authenticity of the signatures.

26. Who may attest a document?

• Any person who is:

o Competent to contract under the Indian Contract Act, 1872.
o Of sound mind.
o Not a party to the document (to avoid conflict of interest).

27. Is it necessary that the attesting witness should see the execution of the
document?

• Yes, the attesting witness must physically see the execution of the document or
the executor acknowledging their signature, as per Section 3 of the Transfer of
Property Act, 1882.

28. What is the object of attestation of documents?

• The purpose of attestation is to:

o Authenticate the document’s execution.
o Provide legal evidence if disputes arise in the future.

29. What is an ‘electronic document’? Is it admissible in evidence? When?

• An electronic document is any document created, transmitted, or stored

digitally (e.g., emails, PDFs, or digital contracts).
• It is admissible in evidence under Section 65B of the Indian Evidence Act, 1872,
provided:
o It is produced in accordance with a certificate of authenticity.
 o The conditions prescribed in Section 65B are fulfilled.

30. What is a private document? What is a public document?

• Private Document: Created between private individuals, such as agreements or

wills.
• Public Document: Created by public officials during the discharge of their
duties (e.g., birth certificates, land records). Defined under Section 74 of the
Indian Evidence Act.

31. What is registration?

• Registration refers to the legal process of recording a document with a

designated government authority (usually the Sub-Registrar) to ensure its
authenticity and legal validity under the Registration Act, 1908.

32. What are the subject-matter of registration under the Registration Act?

• Documents requiring compulsory registration under Section 17 include:

o Sale deeds of immovable property.
o Gift deeds of immovable property.
o Lease deeds exceeding one year.
• Optional registration under Section 18 includes wills and agreements.

33. What is the effect of registration of documents?

• Registration:
o Confers legal validity and enforceability.
o Provides public notice of the transaction.
o Protects against fraudulent claims.

34. What is the effect of non-registration of documents?

• If a document requiring compulsory registration is not registered:

o It is inadmissible as evidence in court.
o The transaction is not legally valid.
35. What is the object of registration of documents?

• The main objectives are:

o To prevent fraud.
o To create an official record.
o To provide public notice of rights and obligations.

36. What is a ‘property’?

• Property refers to anything that can be owned, possessed, or controlled,

including movable and immovable assets, tangible and intangible rights.

37. What is ‘ownership’?

• Ownership is the legal right to possess, use, transfer, and dispose of property,
subject to laws and restrictions.

38. What is ‘title’ to a property? What are title deeds? What is ‘flow of title’?

• Title: The legal right to ownership of property.

• Title deeds: Documents that prove ownership (e.g., sale deeds).
• Flow of title: The chain of ownership from the original owner to the current
owner.

39. What is ‘interest’?

• Interest in property refers to a legal right or claim over it, either in full or as a
part-share (e.g., leasehold interest).

40. What is ‘right’? What is ‘duty’?

• Right: A legal entitlement recognized by law.

• Duty: A legal obligation to act or refrain from acting in a specific way.
41. What is a ‘movable property’? What is an ‘immovable property’?

• Movable Property: Property that can be physically moved (e.g., vehicles,

furniture).
• Immovable Property: Property that cannot be moved (e.g., land, buildings).

42. What is ‘corporeal’ property? What is the alternative term for ‘corporeal’
property?

• Corporeal Property: Tangible property that can be seen or touched.

• Alternative term: Tangible property.

43. What is ‘incorporeal’ property? What is the alternative term for it?

• Incorporeal Property: Intangible property such as rights, patents, or

trademarks.
• Alternative term: Intangible property.

44. What is ‘transfer of property’?

• Transfer of property refers to the act of conveying rights, title, or interest in

property from one person to another, as defined in the Transfer of Property Act,
1882.

45. What is the difference between partial and complete transfers of property?

• Partial Transfer: Only part of the rights or interest is transferred (e.g., lease).
• Complete Transfer: All rights, title, and interest are transferred (e.g., sale).

46. What is ‘possession’? What is ‘custody’? What is the difference between them?

• Possession: Actual control or authority over property with an intention to own it.
• Custody: Mere holding of property without ownership rights.
• Difference: Possession involves ownership intent, custody does not.
47. What are the two types of possession?

1. Actual Possession: Physical control over property.

2. Constructive Possession: Legal control without physical possession.

48. What is delivery of possession?

• Delivery of possession is the act of transferring control of property to another

party.

49. How is delivery of possession of different types of properties effected?

• Movable Property: By physical delivery or symbolic transfer (e.g., handing over

keys).
• Immovable Property: By handing over documents and executing a registered
deed.

50. What is a ‘proposal’? What is ‘acceptance’?

• Proposal: An offer made by one party to another, expressing intent to create a

legal obligation.
• Acceptance: Unconditional agreement to the terms of the proposal, completing
the agreement.

51. What is a ‘promise’?

• A promise is a declaration or assurance by one person to another, indicating an

intention to do or refrain from doing something.
• Legally, it is defined under Section 2(b) of the Indian Contract Act, 1872, as "a
proposal when accepted."

52. What is an ‘agreement’?

• An agreement is defined under Section 2(e) of the Indian Contract Act, 1872, as
"every promise and every set of promises forming consideration for each other."
• Essentially, it is a promise coupled with consideration.
53. What is the difference between an ‘agreement’ and a ‘contract’?

• Agreement: A mutual understanding between two or more parties.

• Contract: An agreement enforceable by law (Section 2(h) of the Indian Contract
Act).
• Key Difference: All contracts are agreements, but not all agreements are
contracts (e.g., social agreements are not legally enforceable).

54. What are the requirements of a valid contract?

As per Section 10 of the Indian Contract Act, a valid contract requires:

1. Free consent of the parties.

2. Competent parties.
3. Lawful consideration and object.
4. Agreement not expressly declared void by law.
5. Intention to create legal relations.

55. What is meant by ‘parties to a contract’?

• The parties to a contract are the individuals or entities entering into a

contractual agreement and legally bound by its terms.

56. Who is a ‘third party’? What is he otherwise called?

• A third party is someone who is not directly a party to the contract but may be
affected by or involved in its performance.
• He is also referred to as a stranger to the contract.

57. What is ‘privity’ of contract?

• Privity of contract means that only the parties to a contract have rights or
obligations under it, and a third party cannot enforce it.
58. Can a stranger to a contract enforce it? What if he is a beneficiary under it?

• As per the principle of privity of contract, a stranger to a contract cannot

enforce it.
• Exception: A third-party beneficiary (e.g., in trust or family settlement
agreements) can enforce the contract if it is for their benefit.

59. Who is an insane person?

• An insane person is someone who is of unsound mind, unable to understand

the nature and consequences of their actions, or incapable of making rational
decisions.

60. What are the two types of insanity?

1. Permanent Insanity: Caused by mental illness or conditions like dementia.

2. Temporary Insanity: Caused by external factors like intoxication or trauma.

61. Can a lunatic enter into a contract?

• A lunatic can enter into a valid contract only during periods of lucid intervals,
when they are of sound mind.

62. Who is a minor?

• A minor is a person who has not attained the age of 18 years.

• If a guardian is appointed by the court, the age of majority is 21 years.

63. What is the effect of a minor’s contract?

• A minor's contract is void ab initio (void from the beginning) and cannot be
enforced by or against the minor.

64. What happens if a minor makes a contract holding himself out as major?

• The contract is still void, but the minor may be held liable for fraudulent
misrepresentation under tort law.
65. What is ‘quasi contract’?

• A quasi contract is a legal obligation imposed by law to prevent unjust

enrichment, even though there is no formal agreement between the parties.

66. What is the difference between contractual and quasi-contractual liabilities?

• Contractual Liability: Arises from an enforceable agreement between parties.

• Quasi-Contractual Liability: Arises by law to prevent unfair benefits, even
without mutual consent.

67. What are ‘necessaries’? How do they differ from ‘necessities’?

• Necessaries: Essential items required for basic living or sustenance (e.g., food,
clothing).
• Necessities: Broader term encompassing anything essential for comfort,
status, or obligations, depending on the individual’s lifestyle.

68. What is ‘consideration’ for a promise? What is quid pro quo?

• Consideration: Something of value exchanged between parties in a contract.

• Quid Pro Quo: A Latin term meaning "something for something," referring to
mutual exchange in contracts.

69. Is it necessary in law that consideration should be adequate?

• No, adequacy of consideration is not required under Indian law.

• However, it must be real and lawful (Section 25 of the Indian Contract Act).

70. What is ‘privity of consideration’? Is it necessary under Indian law?

• Privity of consideration means that only a person who provides consideration

can enforce the contract.
• It is not necessary under Indian law. Even a person who has not provided
consideration may enforce the contract.
71. What is ‘object’ of a contract?

• The object of a contract refers to the purpose or reason for which the contract is
entered into. It must be lawful and not opposed to public policy.

72. When do you say that a consideration or object is ‘not lawful’?

• When it:
o Is forbidden by law.
o Involves fraud or illegality.
o Causes harm to others.
o Is immoral or against public policy.

73. When is a consent said to be ‘ad idem’?

• Ad idem means "meeting of minds."

• Consent is ad idem when both parties agree on the same thing in the same
sense (Section 13 of the Indian Contract Act).

74. When is a consent said to be ‘free’?

• Consent is free if it is not caused by coercion, undue influence, fraud,

misrepresentation, or mistake (Section 14 of the Indian Contract Act).

75. What is ‘coercion’? Does threat of self-immolation amount to coercion?

• Coercion: The act of compelling a person to enter into a contract under unlawful
threats or force (Section 15 of the Indian Contract Act).
• Threat of self-immolation is considered coercion, as it creates unlawful
pressure on the other party.
76. What is uberrimae fidae? What is undue influence?

• Uberrimae Fidei: A Latin term meaning "utmost good faith." It applies to

contracts like insurance, where parties must disclose all material facts.
 • Undue Influence: Defined under Section 16 of the Indian Contract Act, 1872, it
refers to a situation where one party dominates the will of another to gain an
unfair advantage.

77. What is ‘representation’?

• A representation is a statement or assertion made by one party to induce

another to enter into a contract. It must relate to a material fact.

78. What is ‘misrepresentation’?

• Misrepresentation is a false statement of fact, made innocently, which induces

another party to enter into a contract.

79. What are the three types of ‘misrepresentation’?

1. Innocent Misrepresentation: Made without any intent to deceive.

2. Negligent Misrepresentation: Made carelessly, without verifying the truth.
3. Fraudulent Misrepresentation: Made with knowledge of its falsehood or intent
to deceive.

80. How does fraud differ from misrepresentation?

• Fraud: Intentional deceit with the intent to gain an unfair advantage.

• Misrepresentation: False statement made without intent to deceive.
• Fraud includes malice, whereas misrepresentation is often unintentional.

81. What is ‘mistake’? What are the two types of mistakes?

• A mistake is an incorrect belief about a fact or law at the time of making a

contract.
• Two Types:
o Mistake of Law.
o Mistake of Fact.
82. What are the two types of mistake of fact?

1. Bilateral Mistake: Both parties are mistaken about a material fact (contract
becomes void).
2. Unilateral Mistake: Only one party is mistaken (contract remains valid unless
the other party was aware of the mistake).

83. What is the difference between a ‘void agreement’ and a ‘voidable contract’?

• Void Agreement: Has no legal effect from the beginning (e.g., agreements
without consideration).
• Voidable Contract: Valid until avoided by the aggrieved party due to coercion,
undue influence, etc.

84. What is ‘novation’?

• Novation: Substituting a new contract in place of an existing one, either by

changing the parties or the terms (Section 62, Indian Contract Act).

85. What is ‘quantum meruit’?

• Quantum Meruit: Latin for "as much as earned." It allows a party to recover
compensation for services rendered or work done, in the absence of a fixed
contract or when the contract is partially performed.

86. What are the essential requirements of a valid transfer of property?

1. Competent transferor.
2. Transferable property.
3. Lawful object and consideration.
4. Compliance with the mode of transfer prescribed by law.

87. Who may transfer a property?

• Any person competent to contract and authorized to transfer property (e.g.,

owner, legal representative, or guardian).
88. What property may be transferred?

• Any property (movable or immovable) not expressly prohibited by law (Section 6,

Transfer of Property Act).

89. What is the meaning of ‘lis pendens’? What is the rule of ‘lis pendens’?

• Lis Pendens: Latin for "pending litigation."

• Rule: No property under litigation can be transferred during the pendency of the
suit, as per Section 52 of the Transfer of Property Act.

90. What is ‘fraudulent transfer’? What is its validity?

• A fraudulent transfer is a transfer made to defeat the rights of creditors or other

lawful claims. Such transfers are voidable under Section 53 of the Transfer of
Property Act.

91. Who is a ‘bona fide purchaser for value’?

• A bona fide purchaser for value is a person who purchases property in good
faith, for consideration, and without notice of any defect in the title.

92. What is ‘agreement of sale’?

• An agreement of sale is a contract in which the seller agrees to transfer

ownership of property to the buyer in the future, subject to terms and conditions.

93. Who are parties to an agreement of sale?

• Vendor: The seller.

• Vendee: The buyer.

94. What are the alternative terms for parties to a sale?

• Vendor and Purchaser.

95. Can a minor be a purchaser?

• No, a minor cannot purchase property as they are not competent to contract.
However, a guardian can purchase property on their behalf.

96. Which law governs agreement of sale?

• The Indian Contract Act, 1872, and for immovable property, the Transfer of
Property Act, 1882.

97. What is ‘sale’ of property?

• Sale is the transfer of ownership of property from the seller to the buyer for a
price paid or agreed to be paid.

98. What is ‘price’?

• Price refers to the monetary consideration for the sale of property.

99. Which law governs sale of property?

• The Transfer of Property Act, 1882, and for movable goods, the Sale of Goods
Act, 1930.

100. What is the main difference between agreement of sale and sale?

• Agreement of Sale: Creates a future obligation to transfer property.

• Sale: Results in immediate transfer of ownership.

101. What are the other differences between agreement of sale and sale?

• Ownership Transfer: In an agreement of sale, ownership is not transferred

immediately; in a sale, ownership is transferred instantly.
• Risk: In an agreement of sale, the risk remains with the seller. In a sale, the risk
passes to the buyer.
• Legal Remedy: For breach of agreement of sale, the remedy is a suit for specific
performance. For breach of sale, the remedy is a suit for damages.
102. How is a sale made?

• A sale is made by executing a sale deed (in writing) and delivering possession of
the property, along with the payment of the price. For immovable property,
registration of the sale deed is required under the Registration Act, 1908.

103. Is it necessary that all sales be in writing?

• For movable property, a sale may be oral.

• For immovable property (valued above Rs. 100), the sale must be in writing,
executed through a sale deed, and registered as per the Registration Act, 1908.

104. What happens if the purchaser does not sign the sale deed?

• A sale deed is valid if it is signed by the seller and executed in the presence of
witnesses. However, it is advisable for the purchaser to sign it to acknowledge
acceptance. Without the purchaser’s signature, disputes may arise regarding
the buyer's consent.

105. Is attestation of a sale deed in respect of immovable property mandatory?

• Attestation is not mandatory for a sale deed, but it is required for documents
like gift deeds or wills.

106. What is ‘exchange’? How does it differ from ‘sale’?

• Exchange: Transfer of ownership of one property for another property without

monetary consideration (Section 118, Transfer of Property Act, 1882).
• Difference from Sale: Sale involves monetary consideration, while exchange
involves property as consideration.

107. What is the nature of transfer of a house for Rs. 5 lakhs and a land?

• This constitutes an exchange, as it involves the transfer of one property (house)

for another (land), with or without additional monetary consideration.
108. What is a ‘gift’?

• A gift is the transfer of ownership of property voluntarily, without consideration,

by one person (donor) to another (donee).

109. What are the parties to a gift known as?

• Donor: The person giving the gift.

• Donee: The person receiving the gift.

110. Can a minor be a donee?

• Yes, a minor can be a donee. However, the gift must be accepted on the minor's
behalf by a guardian.

111. What happens if the donee does not sign the gift deed?

• A gift deed is valid if signed by the donor and attested by witnesses. Acceptance
by the donee is necessary, but the donee's signature is not mandatory.

112. Is attestation of gift deed compulsory?

• Yes, a gift deed must be attested by at least two witnesses to be valid.

113. Is registration of gift deed compulsory?

• Yes, under the Registration Act, 1908, registration of a gift deed involving
immovable property is mandatory.

114. Can a gift be made orally?

• Yes, a gift of movable property can be made orally if accompanied by delivery of

possession.
115. Can a gift of an immovable property be made orally? By whom?

• Under general law, a gift of immovable property cannot be made orally; it

requires a written gift deed and registration. However, Muslims can make oral
gifts of immovable property as per their personal law.

116. How is an oral gift completed?

• An oral gift is completed through declaration of gift, acceptance by the donee,

and delivery of possession.

117. If Muslims want to execute a gift deed, is registration of such deed

compulsory?

• Under Muslim law, oral gifts are valid, and registration is not mandatory.
However, if a gift deed is executed, it must be registered under the Registration
Act, 1908.

118. Is there any way to have a record of oral gift without registration?

• Oral gifts can be documented in a memorandum of oral gift, which serves as

evidence but does not require registration.

119. What is the difference between a gift deed and a memorandum of oral gift?

• Gift Deed: A formal document transferring ownership, requiring registration.

• Memorandum of Oral Gift: A record of an oral gift, not mandatory for
registration.

120. Why does a gift deed require registration while a memorandum of oral gift
does not?

• A gift deed effects the transfer of property and requires registration under the
law. A memorandum of oral gift only records an already completed oral gift,
which does not require registration.
121. In what tense should a gift deed be written?

• A gift deed should be written in the present tense, as it signifies the immediate
transfer of ownership.

122. In what tense should a memorandum of oral gift be written?

• A memorandum of oral gift should be written in the past tense, as it records an

already completed gift.

123. What is ‘lease’?

• A lease is a transfer of the right to enjoy immovable property for a specific term,
in exchange for rent or other consideration (Section 105, Transfer of Property
Act, 1882).

124. What are known as five Ps in relation to lease?

•
o Parties: Lessor and lessee.
o Property: Subject of the lease.
o Period: Duration of the lease.
o Payment: Rent or consideration.
o Purpose: Reason for leasing.

125. How is it a transfer of property?

• A lease is a partial transfer of the property, where the lessor grants the lessee a
limited right to enjoy the property, while retaining ownership.

126. Who are the parties to a lease?

• The parties to a lease are:

o Lessor: The person who grants the lease (owner of the property).
o Lessee: The person to whom the lease is granted (tenant).
127. What are the alternative terms for parties to a lease?

• Lessor: Landlord, lessor, owner.

• Lessee: Tenant, renter, leaseholder.

128. Can a lessee be minor?

• Yes, a minor can be a lessee. However, the lease agreement may be voidable at
the minor's option, as minors cannot legally enter into binding contracts except
for essential items or benefits.

129. Is lessee’s signature on lease deed compulsory?

• Yes, the lessee's signature is generally required to show acceptance of the

lease terms. However, it is not mandatory for the lessee’s signature to make the
lease valid, provided the lessee takes possession of the property.

130. What is the consideration for lease?

• The consideration for a lease is typically the rent or other monetary or non-
monetary compensation paid by the lessee to the lessor for the right to use the
property.

131. What is the property transferred by lessor to the lessee?

• The property transferred by the lessor is the right to enjoy or use the property for
the lease term, subject to the conditions set in the lease agreement.

132. What is the property left with the lessor after the lease?

• The property left with the lessor is the ownership of the property, which
remains unchanged during the lease. The lessor retains the title and the right to
recover possession at the end of the lease term.
133. What kind of property is leasehold rights?

• Leasehold rights refer to the right to occupy and use the leased property for a
specific term, without transferring ownership. These rights are personal and can
be transferred under certain conditions.

134. Who is the owner of leasehold rights?

• The lessee holds the leasehold rights during the lease term. The lessor remains
the owner of the property.

135. Can lessee alienate leasehold rights?

• The lessee generally cannot alienate (transfer) leasehold rights without the
consent of the lessor, unless expressly permitted under the lease agreement.

136. What is the effect of sale or gift of leasehold rights by the lessee?

• If the lessee sells or gifts the leasehold rights without the lessor's consent, the
action may be considered void or voidable, depending on the terms of the lease.

137. What is the effect of exchange of leasehold rights by the lessee?

• If the lessee exchanges their leasehold rights with someone else, it is generally
considered an unauthorized act, and the lessor may terminate the lease,
subject to the agreement’s terms.

138. What is the effect of lease of leasehold rights by the lessee?

• If the lessee leases the leasehold rights to another, it generally amounts to

subletting. This may or may not be allowed based on the lease agreement.

139. What is such lease called? What is the lessee of the lessee called?

• A lease of leasehold rights is often called a sublease. The lessee of the lessee is
called a sub-lessee.
140. Can alienation of leasehold rights by lessee be prohibited? How?

• Yes, the alienation of leasehold rights by the lessee can be prohibited if the lease
agreement expressly restricts subletting or transferring the lease.

141. Can lessor sell the property during the subsistence of lease?

• Yes, the lessor can sell the property during the subsistence of the lease.
However, the sale is subject to the terms of the existing lease, and the buyer
takes the property subject to the leasehold rights.

142. What is the effect of sale of property by the lessor during the subsistence of
lease?

• The sale of the property does not terminate the lease. The new owner
(purchaser) becomes the lessor and is bound by the terms of the lease.

143. Can the lessor terminate lease before the efflux of time? How?

• Yes, the lessor can terminate the lease before the efflux of time if there is a
breach of lease terms by the lessee (e.g., non-payment of rent or misuse of the
property). Termination would depend on the lease agreement provisions.

144. Can the lessee terminate lease before the efflux of time?

• Yes, the lessee can terminate the lease before the end of the lease term, subject
to the terms in the lease agreement, typically requiring prior notice.

145. What is a ‘tenancy-at-will’?

• A tenancy-at-will is a tenancy in which the tenant occupies the property with

the consent of the landlord but without any formal lease agreement. The
landlord or tenant may terminate the tenancy at any time.
146. What happens if lessor or lessee or both of them die during the lease period?

• If the lessor dies, the lease continues to be valid, and the property is passed to
the lessor’s heirs. If the lessee dies, the lease may pass to their legal heirs,
depending on the lease agreement.

147. What are the different modes of determination of lease?

• A lease can be determined by:

o Expiry of the lease term.
o Breach of lease conditions.
o Mutual agreement between the lessor and lessee.
o Destruction of the leased property.
o Bankruptcy or death of either party.

148. What happens if the tenant continues in possession after the termination of
lease?

• If the tenant continues in possession after the lease terminates, they are
considered a tenant holding over and may be liable to pay rent or damages. The
landlord may take legal action to recover possession.

149. Who is a tenant holding over?

• A tenant holding over is a tenant who remains in possession of the property

after the expiration of the lease term without the lessor’s consent.

150. Who is a tenant-at-sufferance?

• A tenant-at-sufferance is one who is in possession of the property without the

landlord's consent, typically after the lease has expired, and is liable to pay rent
until the landlord takes action.

151. What is licence? Which law is applicable to it?

• A licence is a permission or authority given by the owner of the property allowing

another person to do something on the property, which would otherwise be
unlawful. The Indian Contract Act, 1872 governs licences under Section 52.
152. What is the main difference between lease and licence of a property?

• Lease grants the lessee exclusive possession of the property for a specified
period, whereas a licence grants permission to enter or use the property
without transferring possession, and the licensor retains control over the
property.

153. Between lessor and licensor, whose position is better?

• The lessor’s position is generally better as a lease gives the lessee exclusive
possession of the property. In contrast, the licensor retains control over the
property in a licence agreement.

154. Between lessee and licensee, whose position is better?

• The lessee’s position is generally better, as they have exclusive possession and
a legal right to use the property, which is protected for the duration of the lease.
A licensee only has permission to use the property without exclusive
possession.

155. What is ‘mortgage’?

• A mortgage is the transfer of an interest in a specific immovable property as

security for the repayment of a loan or debt, while retaining ownership.

156. Who are the parties to mortgage?

• The parties to a mortgage are:

o Mortgagor: The borrower or the person who mortgages the property.
o Mortgagee: The lender or the person to whom the property is mortgaged.

157. Can a mortgagee be minor?

• No, a mortgagee cannot be a minor because a minor cannot contract legally,

and a mortgage is a contractual agreement.
158. What is the consideration for mortgage?

• The consideration for mortgage is the loan or debt that the mortgagor receives
from the mortgagee in exchange for providing security over the property.

159. What is a ‘debt’? What is a ‘loan’? What is the difference between debt and
loan?

• A debt refers to an amount owed, while a loan is a sum of money borrowed

which is to be repaid with interest. The main difference is that a loan is a specific
kind of debt, usually with formal terms and conditions, including interest and
repayment periods.

160. How many types of mortgage are there? Which are they?

• There are six types of mortgage in India:

o Simple mortgage.
o Mortgage by conditional sale.
o Usufructuary mortgage.
o English mortgage.
o Mortgage by deposit of title deeds.
o Anomalous mortgage (combination of any of the above types).

161. What is an ‘anomalous mortgage’?

• An anomalous mortgage is a mortgage that combines features from different

types of mortgages. It does not strictly conform to the characteristics of any one
specific type of mortgage.

162. What is the main right of a mortgagor?

• The main right of a mortgagor is to redeem the mortgaged property by paying

the debt in full before the foreclosure or sale of the property.
163. What is a ‘clog on redemption’?

• A clog on redemption refers to any condition or restriction placed in the

mortgage agreement that makes it impossible for the mortgagor to redeem the
property (i.e., repay the debt and regain ownership). Such conditions are usually
considered invalid.

164. Can the same property be mortgaged successively with several mortgagees?

• Yes, the same property can be mortgaged successively to multiple mortgagees.

Each mortgagee has a priority depending on the order of creation of the
mortgage, with the first mortgagee having priority.

165. What is the relationship between such several mortgagees?

• The relationship between several mortgagees is governed by the doctrine of

priorities, where the first mortgagee has priority over the subsequent ones in
terms of claims to the property in case of default.

166. What is the meaning of ‘redeem up, foreclose down’?

• The phrase ‘redeem up, foreclose down’ refers to the mortgagor’s right to
redeem (buy back) the mortgaged property at any time before the foreclosure,
meaning they can regain ownership if they repay the loan.

167. What is meant by ‘marshalling of securities’?

• Marshalling of securities refers to the doctrine where a creditor with multiple

securities must apply them in a way that allows other creditors with fewer
securities to also be repaid from the same assets. It is used to ensure fair
treatment of creditors.

168. Is attestation of a mortgage deed compulsory?

• Attestation of a mortgage deed is not mandatory in all cases, but it is

recommended for proof of the transaction and to avoid disputes.
169. Is registration of a mortgage deed compulsory? Is there any exception? Why?

• Registration of a mortgage deed is compulsory for mortgages involving

immovable property under the Registration Act, 1908. However, an exception is
that simple mortgages and mortgages by deposit of title deeds are not
required to be registered in certain cases.

170. What is ‘simple mortgage’?

• A simple mortgage is one where the mortgagor does not transfer possession
of the mortgaged property to the mortgagee but agrees to pay the debt. If the
mortgagor fails to repay, the mortgagee can sell the property to recover the loan.

171. Who has the possession of mortgage property in a simple mortgage?

• In a simple mortgage, the mortgagor retains possession of the mortgaged

property, but the mortgagee has a right to sell the property in case of default.

172. What is the nature of liability of a mortgagor in a simple mortgage?

• The liability of a mortgagor in a simple mortgage is to repay the loan amount on

time, failing which the mortgagee has the right to sell the mortgaged property.

173. What is the remedy available to the mortgagee in a simple mortgage?

• The mortgagee has the right to sell the mortgaged property if the mortgagor
defaults on repayment. This right is exercised in accordance with the terms of
the mortgage deed.

174. How is a debt secured by simple mortgage better than an unsecured debt?

• A debt secured by simple mortgage is better than an unsecured debt because

the mortgagee has a specific legal claim over the mortgaged property and can
sell it to recover the debt, which is not possible in an unsecured debt.
175. What is ‘mortgage by conditional sale’?

• Mortgage by conditional sale is a type of mortgage where the mortgagor sells

the property to the mortgagee, but the sale is conditional. If the mortgagor
repays the debt, the sale is reversed, and the property is returned to them.
176. What is a ‘sale with condition of resale’?

• A sale with condition of resale is a sale where the seller transfers ownership of
the property to the buyer, but the seller retains the right to repurchase the
property upon the fulfillment of certain conditions (typically within a specific
time frame).

177. How does mortgage by conditional sale differ from sale with condition of
resale?

• Mortgage by conditional sale is a mortgage where the property is transferred to

the mortgagee but with the condition that if the mortgagor repays the loan within
a specific time, the property will revert to the mortgagor. In contrast, a sale with
condition of resale is an outright sale with an agreement for the seller to
repurchase the property under specified conditions.

178. Who has the possession of mortgage property in a mortgage by conditional

sale?

• In a mortgage by conditional sale, the mortgagor retains possession of the

property unless the condition for sale (non-payment of the loan) is triggered.

179. What is the nature of liability of a mortgagor in a mortgage by conditional sale?

• In a mortgage by conditional sale, the mortgagor is liable to repay the loan

amount to prevent the sale from becoming final. If the mortgagor fails to repay
the debt, the property becomes the property of the mortgagee.

180. What is the remedy available to the mortgagee in a mortgage by conditional

sale?

• The remedy available to the mortgagee is to take possession and retain

ownership of the property if the mortgagor defaults on repayment of the loan.
181. What if the mortgagor does not repay the loan before the designated date?

• If the mortgagor does not repay the loan on time in a mortgage by conditional
sale, the sale becomes absolute, and the mortgagee can keep the property
without the possibility of redemption by the mortgagor.

182. What is meant by ‘once a mortgage, always a mortgage’?

• The phrase ‘once a mortgage, always a mortgage’ refers to the principle that a
transaction initially made as a mortgage cannot be transformed into a sale or
other type of transaction unless expressly agreed upon. Even if the mortgagor
conveys property to the mortgagee, it remains a mortgage as long as the terms of
the debt remain in place.

183. What is ‘foreclosure of mortgage’? Which type of mortgage can be foreclosed?

• Foreclosure of a mortgage is a legal procedure where the mortgagee takes

ownership of the property because the mortgagor has defaulted on the loan.
Mortgages like simple mortgages or English mortgages can be foreclosed, as
they allow the mortgagee to take possession if the mortgagor defaults.

184. What is ‘usufructuary mortgage’? Who is liable to repay the debt in that case?

• In a usufructuary mortgage, the mortgagor transfers possession of the

mortgaged property to the mortgagee, who can use the property’s income or
produce to repay the debt. The mortgagor remains liable to repay the debt if the
mortgagee is unable to recover it from the usufruct of the property.

185. Who has the possession of mortgage property in a usufructuary mortgage?

• In a usufructuary mortgage, the mortgagee holds possession of the mortgaged

property and derives its income or benefits to recover the debt.
186. What is the nature of liability of a mortgagor in a usufructuary mortgage?

• In a usufructuary mortgage, the mortgagor is liable to repay the loan, but the
mortgagee recovers the debt from the income or profits generated from the
property.

187. What is the remedy available to a usufructuary mortgagee?

• The remedy available to a usufructuary mortgagee is to take possession of the

property and use its income or profits to repay the debt. If the income is
insufficient, the mortgagor remains liable to repay the balance.

188. What is ‘English mortgage’? How does it differ from ‘simple mortgage’?

• In an English mortgage, the mortgagor transfers the property to the mortgagee

with a promise to re-transfer it upon repayment of the debt, creating an
obligation to pay at a specified time. Unlike a simple mortgage, where the
property is not transferred to the mortgagee, but only a lien is created, in an
English mortgage, full ownership is transferred.

189. Who has the possession of mortgage property in an English mortgage?

• In an English mortgage, the mortgagee holds possession of the property as

security for the loan, though the mortgagor retains the right to redeem the
property upon repayment.

190. What is the nature of liability of a mortgagor in an English mortgage?

• The mortgagor in an English mortgage is primarily liable to repay the loan by the
agreed-upon time, failing which the mortgagee has the right to sell the property
and recover the debt.

191. What is the remedy available to an English mortgagee?

• The remedy available to an English mortgagee is to take possession of the

property and sell it if the mortgagor defaults on repayment, as the mortgagor has
transferred ownership of the property.
192. What is ‘equitable mortgage’?

• An equitable mortgage is created when the mortgagor deposits the title deed of
the property with the mortgagee as security for the loan without executing a
formal mortgage deed.

193. Who has the possession of mortgage property in an equitable mortgage?

• In an equitable mortgage, the mortgagee has possession of the title deed, but
the mortgagor retains physical possession of the property.

194. What is the nature of liability of a mortgagor in an equitable mortgage?

• The mortgagor in an equitable mortgage is liable to repay the loan, and if they
default, the mortgagee can take legal action to recover the debt, using the
property as collateral.

195. What is the remedy available to an equitable mortgagee?

• The remedy for an equitable mortgagee is to take legal action to sell or

foreclose the property if the mortgagor defaults on the repayment.

196. What is a ‘charge’? How does it differ from mortgage?

• A charge is a security interest in a property, similar to a mortgage, but the

charger (borrower) retains possession of the property. Unlike a mortgage, a
charge does not transfer ownership to the chargee (lender).

197. How is a charge created?

• A charge is created by an agreement between the charger and the chargee,

often in writing, and can be registered if required by law.
198. What is the effect of charge on a property?

• The effect of charge is that the charged property is subject to the lender’s claim
in case of default, but the charger retains possession and control.

199. What is a ‘floating charge’? When does it become a ‘fixed charge’?

• A floating charge is a charge that applies to all current and future assets of a
company, allowing the company to use or dispose of the assets in the normal
course of business. It becomes a fixed charge when certain events, such as
default or liquidation, occur, freezing the company’s ability to deal with the
charged assets.

200. What is ‘pledge’? What is the alternative term for a pledge?

• A pledge is a type of security interest where the borrower gives possession of

goods or movable property to the lender as security for a loan. The alternative
term for a pledge is pawn or pledging.

201. Who are parties to a pledge?

• The parties to a pledge are the pledgor (the person who provides the goods as
security) and the pledgee (the person who holds the goods as security for a loan
or obligation).

202. What is ‘bailment’?

• Bailment is a legal relationship where the owner of goods (the bailor)

temporarily transfers possession of those goods to another party (the bailee) for
a specific purpose, with the agreement that the goods will be returned or dealt
with according to the bailor’s instructions.

203. Who are the parties to a bailment?

• The parties to a bailment are the bailor (the person who delivers the goods) and
the bailee (the person who receives the goods).
204. What is ‘partition of properties’?

• Partition of properties refers to the process of dividing jointly owned or co-

owned property between the owners. It can be either physical partition (dividing
the land or property) or by way of a written deed.

205. What is ‘joint tenancy’?

• Joint tenancy is a form of co-ownership where two or more people hold property
with equal rights and obligations. The key feature is the right of survivorship,
meaning if one co-owner dies, their share automatically passes to the surviving
co-owners.

206. What is ‘tenancy-in-common’?

• Tenancy-in-common is a type of property co-ownership where each tenant

holds an individual, undivided share in the property. Unlike joint tenancy, there is
no right of survivorship, and each tenant can will their share to others.

207. Can there be oral partition of HUF properties?

• Yes, an oral partition of Hindu Undivided Family (HUF) properties is

permissible under Hindu law. However, for the partition to be legally effective
and binding, it is advisable to have the partition recorded in writing or through a
registered document.

208. Is registration of partition deed compulsory? Why?

• Yes, registration of partition deed is compulsory when it involves the partition

of immovable property. This is required to make the partition legally valid and
enforceable against third parties.

209. Can a partition be recorded in writing without the requirement of registration?

How?

• Yes, a partition can be recorded in writing without registration. However, the

partition will not be fully effective against third parties unless it is registered. A
 written agreement among co-owners can be executed to record the partition
without registration, but registration is advised to make it legally binding.

210. What is a firm? What is partnership?

• A firm refers to a business entity formed by a group of individuals who jointly

conduct business. A partnership is the legal relationship between the partners
of the firm. It refers to an arrangement where two or more people agree to run a
business together and share its profits and liabilities.

211. What are the different types of partnerships in India? How do they differ?

• The different types of partnerships in India are:

o General Partnership: All partners share equal responsibility and
liabilities.
o Limited Partnership: There are two types of partners – general partners
(with unlimited liability) and limited partners (liability restricted to the
amount of their investment).
o Limited Liability Partnership (LLP): Partners have limited liability, and
the entity itself has a separate legal identity.
o Joint Venture Partnership: A partnership formed for a specific project or
business venture with a limited duration.

These types differ mainly in the extent of liability and the scope of the business
operations.

212. What are the requirements of a valid partition?

• The requirements of a valid partition include:

o Mutual agreement between co-owners.
o Physical division of property or a documented agreement.
o Written and registered deed, especially for immovable property.
o Clear and definite share of each co-owner in the partition.
213. Is it compulsory to register a partnership deed?

• It is not compulsory to register a partnership deed in India, but registering it

provides certain legal advantages, including the right to sue in case of disputes
and greater legal recognition of the firm.

214. What is the effect of non-registration of a partnership deed?

• If a partnership deed is not registered, the firm loses certain legal rights, such
as the ability to sue third parties in court. However, the partnership still exists as
a valid legal entity.

215. What is ‘power of attorney’?

• Power of Attorney (PoA) is a legal document that grants one person (the agent)
the authority to act on behalf of another person (the principal) in specified
matters.

216. What are the different types of powers of attorney?

• The different types of powers of attorney include:

o General Power of Attorney: Authorizes the agent to act on behalf of the
principal in all matters.
o Special Power of Attorney: Grants authority to the agent for specific
actions or purposes only.
o Durable Power of Attorney: Remains effective even if the principal
becomes incapacitated.
o Springing Power of Attorney: Takes effect upon the occurrence of a
specified event.

217. What is ‘agency’?

• Agency is a relationship where one party (the agent) is authorized to act on

behalf of another party (the principal) in business transactions or legal matters.
218. Who are the parties to an agency?

• The parties to an agency are the principal (the person granting authority) and
the agent (the person acting on behalf of the principal).

219. How does an agency come into existence?

• An agency comes into existence through mutual consent, either expressed or

implied, where the principal appoints the agent to act on their behalf, and the
agent agrees to do so.

220. What is ‘ratification’?

• Ratification refers to the process where the principal approves and accepts the
actions of the agent that were taken without prior authorization, thus making the
agent's actions legally binding.

221. When is agent personally liable under a contract made by him for his
principal?

• An agent is personally liable under a contract if:

o The agent acts outside the scope of their authority.
o The agent contracts in their own name rather than on behalf of the
principal.

222. What is ‘holding out’? What is ‘agency by holding out’?

• Holding out is when a person represents themselves as an agent of another,

leading third parties to believe the agent has authority. Agency by holding out
occurs when a principal allows or encourages third parties to believe someone
is their agent, even if no formal agency exists.

223. Who is an undisclosed principal?

• An undisclosed principal is a person who authorizes an agent to act on their

behalf but does not reveal their identity to the third parties with whom the agent
is dealing.
224. What is acquiescence? Can there be agency by acquiescence?

• Acquiescence refers to passive agreement or acceptance of something without

objection. Agency by acquiescence occurs when a principal implicitly accepts
the actions of a person acting as their agent without formal authorization.

225. How is an agency terminated?

• An agency can be terminated by:

o Revocation by the principal.
o Renunciation by the agent.
o Completion of the agency’s purpose.
o Expiration of the time period.
o Death, incapacity, or bankruptcy of either the principal or agent.
o Mutual agreement between the principal and agent.

226. What is ‘ultra vires’? What is the ‘scope of agency’?

• Ultra vires refers to actions or decisions that are beyond the legal power or
authority of a person or entity. In the context of agency, an agent’s actions that
fall outside the authority granted by the principal are considered ultra vires.
• The scope of agency refers to the limits of an agent's authority, which may be
outlined explicitly in the agency agreement or implied by law, and defines the
extent to which an agent can act on behalf of the principal.

227. What is an ‘affidavit’?

• An affidavit is a written statement made under oath, affirming the truth of the
information contained within the document. It is typically used in legal
proceedings or as evidence in court.

228. What is the person who makes an affidavit called?

• The person who makes an affidavit is called the affiant or deponent.

229. Who may swear to an affidavit?

• An affidavit may be sworn by anyone who has knowledge of the facts contained
within the affidavit, is competent to provide that information, and is willing to
affirm the truth of the statements made under oath.

230. Before whom is an affidavit sworn to?

• An affidavit is typically sworn before an authorized person, such as:

o A notary public.
o A commissioner for oaths.
o A magistrate or court official.
o Any official empowered by law to administer oaths.

231. What is the status of an affidavit?

• An affidavit is a form of written evidence that can be used in court, subject to

the rules of evidence. It is considered sworn testimony, meaning it is taken as a
statement of fact unless contradicted or found to be false.

232. When is an affidavit treated as oral evidence?

• An affidavit is treated as oral evidence when it is read out loud in court and is
subject to cross-examination, much like a witness's testimony.

233. When is an affidavit a documentary evidence?

• An affidavit is treated as documentary evidence when it is submitted in written

form and used to prove facts or statements in legal proceedings.

234. On what type of paper is an affidavit made?

• An affidavit is typically made on non-judicial stamp paper of the appropriate

value, as prescribed by law, to ensure its legal validity.
235. What are the two types of stamp papers? What are their uses?

• The two main types of stamp papers are:

o Non-judicial stamp paper: Used for affidavits, agreements, contracts,
and various legal documents.
o Judicial stamp paper: Used for court-related documents, such as
pleadings, petitions, and other legal proceedings.

236. What is a notice?

• A notice is a formal written communication that informs a person or party about

a particular fact, event, or intention. It is used to notify someone of a legal
obligation, court appearance, or other important information.

237. What are the three main types of notices?

• The three main types of notices are:

o Private notice: Directed to a specific individual or group, such as a notice
to a tenant.
o Public notice: Directed to the general public, informing them of
something important.
o Legal notice: A formal notification issued under legal requirements,
typically regarding legal claims or proceedings.

238. What is a reply notice? To whom is it addressed?

• A reply notice is a response to a previous notice, indicating the addressee's

stance or intention in regard to the matters stated in the original notice. It is
addressed to the party who issued the original notice.

239. What is actual notice? What is the other type of notice?

• Actual notice is when a person is directly informed of a fact or event, either

verbally or in writing.
• The other type of notice is constructive notice, where a person is presumed to
have knowledge of a fact due to circumstances, even if they are not directly
informed.
240. What are the different ways in which a person may have constructive notice?

• A person may have constructive notice through:

o Public records: Information available in official records.
o Deeds and documents: If a document is registered, the person is
deemed to have knowledge of its contents.
o Notice by circumstance: If a person should have known about a matter
based on surrounding facts or reasonable inquiry.

241. What is adoption?

• Adoption is the legal process by which a person or couple takes on the legal
rights and responsibilities of parenting a child, typically in a situation where the
child’s biological parents are not involved.

242. Under which law may a child be adopted?

• A child may be adopted under various laws, including:

o Hindu Adoption and Maintenance Act, 1956 (for Hindus).
o Indian Adoption (Regulation) Act, 2017 (for non-Hindus, Christians,
Muslims, etc.).
o Juvenile Justice (Care and Protection of Children) Act, 2015.

243. Who may be adopted?

• Generally, any minor child (under the age of 18) who is not married can be
adopted. Special provisions apply to children who are orphaned, abandoned, or
surrendered.

244. Who may adopt a child?

• A child may be adopted by:

o Any single individual, regardless of gender.
o A married couple, provided both spouses agree to the adoption.
245. Who may give a child in adoption?

• The biological parents or legal guardians may give a child in adoption, provided
they consent to the adoption process, and there is no legal prohibition against it.

246. What are the necessary formalities for adoption?

• The formalities for adoption typically include:

o Consent of the biological parents or legal guardians.
o Home study and approval of the adoptive parents.
o Legal proceedings to finalize the adoption.
o Registration of the adoption with the appropriate authorities.

247. What is acknowledgment of paternity?

• Acknowledgment of paternity refers to a formal recognition by a man of his

biological relationship to a child, typically through a declaration or legal
document.

248. Who may acknowledge a child as his legitimate child?

• A father can acknowledge a child as his legitimate child, generally through a

formal declaration or acknowledgment made in writing or before a court.

249. When can a child not be acknowledged as the legitimate child of the
acknowledger?

• A child may not be acknowledged as the legitimate child of the acknowledger if:
o The acknowledgment is made after the death of the biological mother.
o The acknowledgment is made under fraudulent circumstances.
o The child has already been legally recognized by another individual as
their parent.

250. What are the differences between adoption and acknowledgment?

• Adoption involves a formal legal process where the adopted child becomes the
legal child of the adoptive parents, with all the rights of a biological child.
Acknowledgment of paternity involves a formal recognition of a child by the
father, but the child does not change their legal status in relation to other
parties.