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'Principle of Election' relating to transfer of property has been provided under

Section 35 of the Transfer of Property Act, 1882 lays down the doctrine of election: where a person transfers property he has no right to transfer, and in the same…

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'Principle of Election' relating to transfer of property has been provided under

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Section 35 of the Transfer of Property Act, 1882 lays down the doctrine of election: where a person transfers property he has no right to transfer, and in the same transaction gives a benefit to the owner of that property, the owner must either confirm the transfer or reject it, and if he rejects it he must give up the benefit. In short, a person cannot take a benefit under an instrument and also reject it. Section 27 of the Specific Relief Act, 1963 concerns rescission of contracts, not election.

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