Question

Doctrine of election is based on the foundation that a person taking the benefit of an instrument must

• A. Not bear the burden
• B. Burden is not the subject of election
• C. Burden is the subject of election
• D. Bear the burden

Hint:

Remember the maxim "Qui sentit commodum, sentire debet et onus" which means "He who receives the advantage ought also to suffer the burden." This is the essence of the Doctrine of Election.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Doctrine of Election is an equitable principle which states that a person cannot accept a benefit under a deed or instrument and reject the associated burden or obligation under the same instrument. In simple terms, you cannot "approbate and reprobate" – that is, you cannot accept one part of a document and reject another.
Step 2: Detailed Explanation:
This doctrine is codified in Section 35 of the Transfer of Property Act, 1882, and also applies to wills under the Indian Succession Act, 1925.
The core idea is that if an instrument confers a benefit on a person, and as part of the same transaction, imposes an obligation or burden, the person must choose (elect) between two options:
1. Accept the benefit: If they accept the benefit, they must also accept and fulfill the associated obligation, i.e., they must bear the burden.
2. Reject the benefit: If they choose not to bear the burden, they must forgo the benefit as well.
The foundation of the doctrine is that he who takes the benefit of an instrument must also bear the burden. It is a choice between accepting the whole instrument or rejecting the whole instrument.
Therefore, option (D) is the correct answer.