Site navigation

Under Section 35 of the Transfer of Property Act, 1882, election becomes necessary when the transferor:

Under Section 35 of the Transfer of Property Act, 1882 (Election when necessary): “Where a person professes to transfer property which he has no right to transfer, and as…

Choose your answer

Under Section 35 of the Transfer of Property Act, 1882, election becomes necessary when the transferor:

Select one answer
Answer and explanation

Correct answer B

Under Section 35 of the Transfer of Property Act, 1882 (Election when necessary): “Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; and in the latter case he shall relinquish the benefit so conferred...” Both elements—(1) professing to transfer property over which the transferor has no right, and (2) conferring a benefit on the true owner as part of the same transaction—are essential to put the owner to election.

Option feedback

Option A

Incorrect. Transferring one's own property subject to a condition precedent does not trigger the doctrine of election under Section 35.

Option B

Correct. Under Section 35 of the Transfer of Property Act, 1882, election becomes necessary when the transferor professes to transfer property which he has no right to transfer and, as part of the same transaction, confers a benefit on the owner of that property.

Option C

Incorrect. If the transferor has a valid right to transfer the property, no question of putting a third-party owner to election arises.

Option D

Incorrect. Election requires both an unauthorized professed transfer of another's property and a benefit conferred on the owner of that property in the same transaction.

Practice for these exams

Related exam syllabi

Related questions in this topic