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A person purports to transfer property they have no right to transfer and, as part of the same…

Section 35 applies where a person purports to transfer property they have no right to transfer and confers a benefit on the owner in the same transaction. The owner must…

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A person purports to transfer property they have no right to transfer and, as part of the same transaction, gives a benefit to the true owner. Which section of the Transfer of Property Act, 1882 requires the owner to elect whether to confirm the transfer or dissent?

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Answer and explanation

Correct answer C

Section 35 applies where a person purports to transfer property they have no right to transfer and confers a benefit on the owner in the same transaction.

The owner must elect either to confirm the transfer or dissent. If the owner dissents, the owner relinquishes the benefit, subject to the terms of the section.

Option feedback

Option A

Section 52 concerns transfers during litigation affecting rights to immovable property.

Option B

Section 41 concerns a transfer by an ostensible owner under stated conditions.

Option C

Section 35 sets out the election the owner must make in these circumstances.

Option D

Section 53A concerns part performance of certain contracts to transfer immovable property.

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