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A purports to transfer C's estate to B and, in the same transaction, gives C a coal mine. C takes…

Section 35 of the Transfer of Property Act, 1882 illustrates the rule directly. By exhausting the mine, C makes it impossible to restore the benefit and thereby confirms the…

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A purports to transfer C's estate to B and, in the same transaction, gives C a coal mine. C takes possession of the mine and exhausts it. Under section 35 of the Transfer of Property Act, 1882, what is the effect of C's conduct?

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Answer and explanation

Correct answer A

Section 35 of the Transfer of Property Act, 1882 illustrates the rule directly. By exhausting the mine, C makes it impossible to restore the benefit and thereby confirms the transfer of the estate to B.

Option feedback

Option A

The statutory illustration treats exhausting the mine as confirmation of the transfer.

Option B

Enjoying and exhausting the benefit is conduct confirming the transfer.

Option C

The election rule does not let C retain the benefit while rejecting the transaction on these facts.

Option D

Irreversible enjoyment of the benefit can show election without a written declaration.

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