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A person without authority purports to transfer an owner’s property and gives the owner a direct…

Section 35 applies when a person purports to transfer property without authority and confers a benefit on its owner in the same transaction. The owner must confirm the…

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A person without authority purports to transfer an owner’s property and gives the owner a direct benefit in the same transaction. Under section 35 of the Transfer of Property Act, 1882, what must the owner elect to do?

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Answer and explanation

Correct answer A

Section 35 applies when a person purports to transfer property without authority and confers a benefit on its owner in the same transaction. The owner must confirm the transfer or dissent and relinquish the benefit.

A merely indirect benefit does not require election. A person can also take in one capacity and dissent in another. If a particular benefit was expressly given in lieu of the property, an owner who claims the property relinquishes that benefit and may keep other benefits from the same transaction.

The question tests this statutory transfer rule. Testamentary election is governed separately.

Option feedback

Option A

The owner must elect. Dissent ordinarily entails relinquishing the same-transaction benefit.

Option B

The ordinary rule requires relinquishing the benefit when the owner dissents.

Option C

Accepting the benefit can itself amount to confirmation if the owner knows the duty and material circumstances or waives inquiry.

Option D

Section 35 requires election. Its compensation provisions protect the disappointed transferee in specified cases.

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