CLAT (Common Law Admission Test) 2018 MCQs Questions Answer Without Solution Paper Part 23

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Question 197

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 the age of 20, A went out in search of a job and was not contacting the family. All attempts to trace A by the family failed. Eight years after the death of the parents, B and C entered into a partition and took equal share in the property of F and M. One year after this, A returned home with his wife and two children and claimed his share in the property Whether A՚s claim is legally sustainable?

A. Since A was not heard of, for more than eight years, the legal presumption of death will apply and hence, he cannot claim a share in the property.

B. It was A՚s duty to be in touch with the family at least once in a year The failure of this duty will disentitle him from claiming property.

C. A will succeed because he is a legitimate son of F and M.

D. B and C are legally bound to give rd share of the property to A.

Question 198

Legal Principle: Gift means 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, who happened to be Amit՚s loyal servant՚s son settled in the U S Two months thereafter, 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, and learning about the gift, claimed the property ‘X’

A. Sooraj can legally get the property ‘X’ , as soon as he gets to know about the gift

B. Sooraj cannot legally claim the property ‘X’ because, the children of Amit have already initiated steps for partition.

C. Sooraj can claim the property ‘X’ , because, his acceptance of the gift is implicit by his conduct of claiming the property as soon as he came to know about the gift.

D. Sooraj apparently did not comply with the essential requirements of a gift and hence, the entire property including property ‘X’ , can be partitioned among the children of Amit.

Question 199

The right to information under the Right to Information Act, 2005 is a:

A. Legal Right

B. Fundamental Right

C. Human Right

D. Constitutional Right

Question 200

The primary legislation relating to organ donation and transplantation, aimed at regulation of removal, storage and transplantation of human organs for therapeutic purposes and for prevention of commercial dealings in human organs in India, namely, the Transplantation of Human Organs Act, was passed in the year

A. 1994

B. 1998

C. 2004

D. 2014

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