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doctrine of election ?

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Uma asked almost 3 years ago

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4 Answers
Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 narahari answered over 2 years ago

It states that when a party transfers a property over which he does not hold any right of transfer and entailed in that transaction is the benefit conferred upon the original owner of the property, such title-holder must elect his option to either validate such transfer of property or reject it

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 CA Sandeep Bohra answered over 2 years ago

> Doctrine of Election Section 35 of the Transfer of Property Act embodied the doctrine of election. According to the section 35 where a person --- i) professes to transfer property which he has no right to transfer , and ii) as part of the same transaction , confers any benefit on the owner of the property , such owner must elect either to confirm the transfer or to dissent from it . If he dissents from it ,---- a) he must relinquish the benefit so conferred ; and b) the benefit so relinquished reverts to the transferor or his representative as if it had not been disposed of . However , when such benefit reverts back to the transferor , it is subject to the charge of making good to the disappointed transferee the amount or value of the property attempted to be transferred in two cases , namely --- i) where the transfer is gratuitous , and the transferor has , before election , died or otherwise become incapable of making a fresh transfer ; and ii) where the transfer is for consideration . **The doctrine of election is based on the principle of equity .** The conditions necessary for application of this doctrine are as follows :- 1) The transferor must not be owner of the property which he transfers . 2) The transferor must transfer the property of other owner to a third person . 3) The transferor must at the same time grant some property , in the same instrument , out of his own , to the owner of property . 4) The two transfers i.e. transfer of the property of owner to the transferee and conferment of benefit on the owner of property must be made in the same transaction . Question of election does not arise if the two transfers are made by virtue of two separate instruments . 5) The owner must have proprietary interest in the property , a creditor is not put to election as he has only a personal right to be paid by the debtor . 6) The owner taking no benefit under a transaction directly , but diverting a benefit under it indirectly , is not put to election . 7) Question of election does not arise when benefit is given to a person in a different capacity .

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered almost 3 years ago

**DOCTRINE OF ELECTION** The doctrine is based on the principle that a person who is getting some benefit shall also bear some burden i.e a person cannot accept or reject the burden at thw same time. In doctrine of election a property is transferred to a person but in the same agreement of transfer his own property is transferred to the transferror or any other person. Thanks

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Open uri20170510 32134 1nqu8aj?1494421649 sowmya answered almost 3 years ago

Hii The doctrine of election is stated in Sec. 35 of the Transfer of Property Act alongside Section 180 to 190 of the Indian Succession Act. It states that when a party transfers a property over which he does not hold any right of transfer and entailed in that transaction is the benefit conferred upon the original owner of the property, such title-holder must elect his option to either validate such transfer of property or reject it; upon rejection, the benefit shall be relinquished back to the transferor subject nevertheless : “Where the transfer has been through gratuitous means and the transferor has become incapable of making a new transfer. In all cases where the transfer is for consideration”

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