Under the doctrine of election in Section 35 of the Transfer of Property Act, 1882, which of the…

Section 35 of the Transfer of Property Act, 1882 requires an owner to elect when another person purports to transfer the owner’s property and confers a benefit on the owner in the same transaction. If the owner dissents, the benefit reverts to the transferor or representative. It is subject to a charge for the amount or value of the property attempted to be transferred where the transfer was for consideration, or where it was gratuitous and the transferor died or became incapable of making a fresh transfer before election. The charge benefits the disappointed transferee and does not make the transfer effective against the dissenting owner. In the gift scenario, C keeps the land and relinquishes the monetary gift. Indirect benefit alone does not require election, and a person may accept in one capacity and dissent in another.

If A died before C elected in that example, the relinquished gift would be charged with making good the land’s Rs. 1,00,000 value to B.