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    Election, Transfer Propert Act

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    prashansha kumud
    The document discusses the legal doctrine of election, as outlined in Section 35 of the Transfer of Property Act of 1882. The doctrine provides that a person cannot both accept benefits from a transaction while also dissenting from parts that are disadvantageous. Specifically, if one attempts to transfer property they do not own but also confers a benefit on the property's actual owner, the owner must elect either to confirm the transfer or relinquish the benefit conferred to them. If they relinquish the benefit, it will revert to the original transferor or their representative. The document then provides further legal details and exceptions to this doctrine.

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    Election, Transfer Propert Act

    Uploaded by

    prashansha kumud
    56 views4 pages
    The document discusses the legal doctrine of election, as outlined in Section 35 of the Transfer of Property Act of 1882. The doctrine provides that a person cannot both accept benefits from a transaction while also dissenting from parts that are disadvantageous. Specifically, if one attempts to transfer property they do not own but also confers a benefit on the property's actual owner, the owner must elect either to confirm the transfer or relinquish the benefit conferred to them. If they relinquish the benefit, it will revert to the original transferor or their representative. The document then provides further legal details and exceptions to this doctrine.

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    Election, transfer propert act

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    The document discusses the legal doctrine of election, as outlined in Section 35 of the Transfer of Property Act of 1882. The doctrine provides that a person cannot both accept benefits from a transaction while also dissenting from parts that are disadvantageous. Specifically, if one attempts to transfer property they do not own but also confers a benefit on the property's actual owner, the owner must elect either to confirm the transfer or relinquish the benefit conferred to them. If they relinquish the benefit, it will revert to the original transferor or their representative. The document then provides further legal details and exceptions to this doctrine.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    56 views4 pages

    Election, Transfer Propert Act

    Uploaded by

    prashansha kumud
    The document discusses the legal doctrine of election, as outlined in Section 35 of the Transfer of Property Act of 1882. The doctrine provides that a person cannot both accept benefits from a transaction while also dissenting from parts that are disadvantageous. Specifically, if one attempts to transfer property they do not own but also confers a benefit on the property's actual owner, the owner must elect either to confirm the transfer or relinquish the benefit conferred to them. If they relinquish the benefit, it will revert to the original transferor or their representative. The document then provides further legal details and exceptions to this doctrine.

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    Introduction

    No one can approbate and reprobate at the same time, this principle is underlying the doctrine of
    election is that a person may not be allowed to approve that part of an instrument which is
    beneficial to him and disapprove it’s that part which goes against him. In other words, where a
    person takes some benefit under a deed or instrument, he must also bear the burden. The doctrine
    of election is stated in section 35 of the Transfer of Property Act,1882 along section 180 to 190
    of the Indian Succession Act. Election simply means choosing between two alternative rights or
    inconsistent rights. Under any instrument if two rights are conferred on a person in such a
    manner that one right is in lieu of the other, he is bound to elect (choose) only one of them 1. This
    paper discusses the nature and concept of the principles and then explain the essential conditions
    of this doctrine.

    LEGAL PROVISION

    Section 35 in The Transfer of Property Act, 1882

    35. Election when necessary.—Where a person professes to transfer property which he has no
    right to transfer, and as part of the same transaction confers any benefit on the owner of the
    property, such owner must elect either to confirm such transfer or to dissent from it; and in the
    latter case he shall relinquish the benefit so conferred, and the benefit so relinquished shall revert
    to the transferor or his representative as if it had not been disposed of,
    subject nevertheless,
    where the transfer is gratuitous, and the transferor has, before the election, died or otherwise
    become incapable of making a fresh transfer,
    and in all cases where the transfer is for consideration,
    to the charge of making good to the disappointed transferee the amount or value of the property
    attempted to be transferred to him.
    The rule in the first paragraph of this section applies whether the transferor does or does not
    believe that which he professes to transfer to be his own.
    A person taking no benefit directly under a transaction, but deriving a benefit under it indirectly,
    need not elect.

    1
    Sinha, R.K the Transfer of Property Act, pg.no (140), (central law agency, Allahabad, 19 th edition/2018).
    A person who in his one capacity takes a benefit under the transaction may in another dissent
    therefrom.
    Exception to the last preceding four rules.—Where a particular benefit is expressed to be
    conferred on the owner of the property which the transferor professes to transfer, and such
    benefit is expressed to be in lieu of that property, if such owner claims the property, he must
    relinquish the particular benefit, but he is not bound to relinquish any other benefit conferred
    upon him by the same transaction.
    Acceptance of the benefit by the person on whom it is conferred constitutes an election by him to
    confirm the transfer, if he is aware of his duty to elect and of those circumstances which would
    influence the judgment of a reasonable man in making an election, or if he waives enquiry into
    the circumstances.
    Such knowledge or waiver shall, in the absence of evidence to the contrary, be presumed, if the
    person on whom the benefit has been conferred has enjoyed it for two years without doing any
    act to express dissent.
    Such knowledge or waiver may be inferred from any act of his which renders it impossible to
    place the persons interested in the property professed to be transferred in the same condition as if
    such act had not been done2.

    2
    Section 35, Transfer Property Act,1882

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