Test: Law of Property - 1 - CUET Humanities MCQ

Intellectual property rights refer to the creation of mind, innovations, inventions, literary and art works, designs, symbols, etc. used in commerce that are protected by the law. These enable people to earn financial benefits from their invention of creation. These include, copyrights, patents, trademarks, industrial design rights and trade secrets. So, option 4 is correct.

If a transfer is made after the decree of the trial court but during the pendency of an appeal, the doctrine of lis pendens will apply because appeal is regarded as continuation of the suit.
Therefore, option 2 is correct.

As per Section 123 of the Transfer of Property Act, 1882, for the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

As per Section 122 of the Transfer of Property Act, 1882, "gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the done.

Options 1 and 3 are correct. However, Section 13 makes provision for transfer for benefit of unborn person. Thus, in the context of the question, the statement given in option 2 is incorrect as a direct transfer cannot be made to an unborn person.
Therefore, as per the question, option 2 is the correct answer.

As per Section 3 of the Transfer of Property Act, immovable property does not include standing timber, growing crop and grass. Standing timbers are trees fit for use for building or repairing houses. This is an exception to the general rule that growing trees are immovable property.

As per Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent can be made only by a registered instrument. All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.

Section 122 defines that "gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Acceptance to the gift must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

A universal donee is a person who gets all the properties of the donor under a gift. Such properties include movables as well as immovables. Section 128 of Transfer of Property Act, in this regard, lays down that the donee is liable for all the debts and liabilities of the donor due at the time of the gift.

In case the term of the lease is less than a year, then the said lease may be made either by oral agreement accompanied by delivery of possession of the immovable property, or by a registered instrument.
So, the correct answer is option 2.