Question

Doctrine of Election under Transfer of Property Act

• A. Section 35
• B. Section 36
• C. Section 34
• D. Section 33

Hint:

The Doctrine of Election applies to both movable and immovable property and is based on equity.
It is a choice forced upon the owner of property when someone else tries to transfer their property and compensates them with a benefit in return.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks for the specific section of the Transfer of Property Act, 1882, which embodies the "Doctrine of Election".

Step 2: Detailed Explanation:

• Doctrine of Election: This doctrine is contained in Section 35 of the Transfer of Property Act, 1882.
It is based on the equitable principle that a person cannot both accept a benefit and reject a burden under the same instrument.
The principle is often summarized by the maxim "approbate and reprobate".

• Application of Section 35: 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.
If he dissents from the transfer, he must relinquish the benefit so conferred.

• Other Sections:
Section 36 deals with the apportionment of periodical payments on determination of interest of tenant.
Section 34 deals with transfer conditional on performance of an act, where no time is specified.
Section 33 deals with transfer where time is specified for performance of condition.

Step 3: Final Answer:
The Doctrine of Election is enacted under Section 35 (Option A).