List of top Legal Studies Questions on Property Law asked in CLAT

Principle: Property can be transferred only by a living person to another living person.
Facts: ‘A’ transfers property of which he is the owner in favor of the unborn child of B.
Legal Principle: In the law of evidence, a person missing for long and not heard of for over seven years is presumed to have died.
Facts:
A, B, and C are children of F and M. At age 20, A left in search of a job and had no contact with the family thereafter. All attempts to trace A failed.
Eight years after the death of their parents, B and C partitioned the property of F and M equally.
One year later, A returned with his wife and two children, claiming his share in the property.
Whether A’s claim is legally sustainable.
Legal Principle: A 'Gift' means the transfer of certain existing property made voluntarily and without consideration, by a donor to a donee, and accepted by or on behalf of the donee during the lifetime of the donor.
Facts:
Amit executed a gift deed for property 'X' in favour of Sooraj, the son of his loyal servant who lived in the U.S.
Two months later, Amit died without leaving a will regarding his assets.
Amit's children initiated steps to partition his entire property, including property 'X', among themselves.
At that time, Sooraj came to India, learned about the gift, and claimed property 'X'.
‘lis pendens’ means -
Principle: Under the Transfer of Property Act, 1882 a property must be transferred by one living person to another living person. The Act deals only with transfer of property between living persons. Facts: ‘X’ wants to transfer his property to the presiding deity in a temple situated within the estate of ‘A’.
Principle: Where there is transfer of ownership of one thing for the ownership of some other thing it is called exchange; while transfer of ownership for consideration of money is called sale, whereas, without consideration it becomes gift. Facts: ‘A’ transfers his house worth 50 Lakhs to ‘B’ for a shopping building worth the same amount, as consideration from ‘B’.
Principle: A gift comprising both existing and future property is void as to the latter. Facts: 'X' owns a house. He contracted to purchase a plot of land adjacent to the house, but the sale of the plot was yet to be completed. He gifted both the house and the plot of land to 'Y'.
Rule: Whoever finds an unattended object can keep it unless the true owner claims that object. This does not affect the property owner’s right to the ownership of the property on which the object is found. The right to ownership of a property does not include the right to ownership of unattended objects on that property.
Facts: Elizabeth is the CEO of a global management services company in Chennai and is on her way to Ranchi to deliver the convocation address at India’s leading business school on the outskirts of Ranchi. Flying business class on Dolphin Airlines, she is entitled to use the lounge owned by the airline in Chennai Airport while waiting for her flight. She finds a diamond ear-ring on the floor of the lounge and gives it to the staff of Dolphin Airlines expressly stating that in the event of nobody claiming the ear-ring within six months, she would claim it back. The airline sells the ear-ring after eight months and Elizabeth files a case to recover the value of the ear-ring from the airline when she is informed about its sale.

Rules
A. When land is sold, all ‘fixtures’ on the land are also deemed to have been sold.
B. If a moveable thing is attached to the land or any building on the land, then it becomes a ‘fixture’.
Facts: 
Khaleeda wants to sell a plot of land she owns in Baghmara, Meghalaya and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for sixty lakh rupees. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda

Rule A: An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it.
Rule B: Rights above the land extend only to the point they are essential to any use or enjoyment of land.
Rule C: An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have no reasonable use of it and it does not affect the reasonable enjoyment of his or her land.
Ramesh’s case: Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has traveled the distance of almost 7000 kilometres it passes over Ramesh’s property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometres directly above it.

The act of unlawfully entering into another’s property constitutes
Joint heirs to a property are called
Principles:
1. The owner of land has absolute interest in the property including the contents over and under the property.
2. Water flowing below your land is not yours, though you may use it.
3. Any construction on your land belongs to you.
4. All mineral resources below the land belong to the State.
Facts: There is a subterranean water flow under Suresh’s land. Suresh constructed a huge reservoir and drew all subterranean water into it. As a result, the wells of adjacent owners went dry. They demanded that Suresh either demolish the reservoir or share the water.
Proposed decisions:
(a) Suresh need not demolish the reservoir.
(b) Suresh has to demolish the reservoir.
(c) Suresh has to share the water with his neighbours.
(d) The Government can take over the reservoir.
Possible reasons:
(i) Water cannot be captured by one person for his personal use.
(ii) The government must ensure equitable distribution of water.
(iii) Whatever is under Suresh’s land may be used by him.
(iv) Suresh has to respect the rights of others regarding water.