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Under section 35 of the Transfer of Property Act, 1882, a transferor purports to transfer someone…

Section 35 requires an owner to choose when the transferor purports to dispose of the owner's property while conferring a benefit on the owner in the same transaction. The…

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Under section 35 of the Transfer of Property Act, 1882, a transferor purports to transfer someone else's property and, in the same transaction, confers a benefit on its owner. What does the doctrine of election require of the owner?

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Answer and explanation

Correct answer A

Section 35 requires an owner to choose when the transferor purports to dispose of the owner's property while conferring a benefit on the owner in the same transaction.

The owner may confirm the transfer and take the benefit, or dissent and relinquish the benefit.

Option feedback

Option A

The owner may confirm the transfer or dissent and relinquish the benefit given in the same transaction.

Option B

Keeping the same-transaction benefit while dissenting is contrary to the basic election rule.

Option C

Section 35 allows the owner to dissent and relinquish the benefit.

Option D

The same transaction must both purport to transfer the property and confer a benefit on its owner.

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