The doctrine of election under the Transfer of Property Act is founded on which proposition concerning…
The election principle prevents a person taking a benefit under an instrument while rejecting the corresponding disposition or burden imposed by it. Section 35 applies that…
Choose your answer
The doctrine of election under the Transfer of Property Act is founded on which proposition concerning a person who takes the benefit of an instrument?
Answer and explanation
Correct answer C
The election principle prevents a person taking a benefit under an instrument while rejecting the corresponding disposition or burden imposed by it. Section 35 applies that principle where the instrument purports to transfer someone’s property and confers a benefit on its owner. The statutory election and compensation conditions must be satisfied.
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