Which one of the following provisions of the Transfer of Property Act provides that a person taking the…
Section 35 embodies election: a person whose property is purportedly transferred by another, while a benefit is conferred on that owner in the same transaction, must elect…
Choose your answer
Which one of the following provisions of the Transfer of Property Act provides that a person taking the benefit of Instrument must also bear the burden?
Answer and explanation
Correct answer A
Section 35 embodies election: a person whose property is purportedly transferred by another, while a benefit is conferred on that owner in the same transaction, must elect whether to confirm the transfer or dissent and relinquish the benefit. A person cannot generally accept the instrument’s benefit while rejecting its corresponding burden. The other listed provisions address different conditional-transfer rules.
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