Question

Which of the following sections of the Transfer of Property Act, 1882, deals with the doctrine of election?

• A. Section 35
• B. Section 36
• C. Section 37
• D. Section 38

Hint:

The Doctrine of Election (S.35) can be summarized as: "You can't have your cake and eat it too." If a deal gives you a benefit but also requires you to give up your own property, you must choose one or the other, not both.

Answer 1

The Correct Option is A

Section 35 of the Transfer of Property Act, 1882, embodies the 'Doctrine of Election'. This principle is based on equity and states that a person cannot both "approbate and reprobate," meaning they cannot accept a benefit under an instrument while rejecting its burdens. If an instrument purports to transfer property which the transferor has no right to transfer, but as part of the same transaction, confers a benefit on the owner of that property, the owner must 'elect' (choose) either to accept the benefit (and let the transfer of their property stand) or to reject the benefit (and keep their own property).