Site navigation

Under section 35 of the Transfer of Property Act, 1882, P purports to transfer O’s property without…

Section 35 applies when a person without authority purports to transfer another person’s property and confers a benefit directly on that owner as part of the same…

Choose your answer

Under section 35 of the Transfer of Property Act, 1882, P purports to transfer O’s property without authority and, in the same transaction, gives O a direct benefit. What must O elect to do?

Select one answer
Answer and explanation

Correct answer A

Section 35 applies when a person without authority purports to transfer another person’s property and confers a benefit directly on that owner as part of the same transaction.

The owner may confirm the transfer. An owner who dissents must relinquish the benefit.

Option feedback

Option A

The owner elects between confirmation and dissent. Dissent requires relinquishing the direct benefit.

Option B

The statutory election prevents retaining the direct benefit while rejecting the transfer in the same transaction.

Option C

Section 35 gives the election to O, the owner of the property.

Option D

Confirmation allows O to take the benefit. Dissent allows O to retain the property and requires relinquishing the benefit.

Practice for these exams

Related exam syllabi

Related questions in this topic