Doctrine of Election under Section 35 of the Transfer of Property Act, 1882
Imagine receiving a valuable shop under a family settlement, but the same document also tries to give away a house that legally belongs to you to someone else. In such a situation, you cannot simply accept the shop and at the same time reject the transfer of your house. This is where the doctrine of election applies. Section 35 of the Transfer of Property Act, 1882 requires a person to choose between accepting the benefit given under a transaction and keeping their existing rights over the property that the same transaction attempts to transfer. Understanding Section 35 of the Transfer of Property Act Section 35 requires the true owner to make a definitive choice between two inconsistent positions: confirm the attempted transfer and retain the benefit conferred under the transaction, or reject the transfer and relinquish that benefit. If the owner confirms the transfer, they may retain the benefit. If they dissent from the transfer, the benefit conferred upon them must or...
