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Which section of the Transfer of Property Act, 1882 states the doctrine of election?

Section 35 applies when a person purports to transfer property without the right to do so and, in the same transaction, confers a benefit on the owner. The owner must elect…

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Which section of the Transfer of Property Act, 1882 states the doctrine of election?

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Answer and explanation

Correct answer A

Section 35 applies when a person purports to transfer property without the right to do so and, in the same transaction, confers a benefit on the owner. The owner must elect whether to confirm the transfer or dissent, in which case the owner must give up that benefit.

Option feedback

Option A

Section 35 requires the owner to elect whether to confirm or dissent from the purported transfer in the specified circumstances.

Option B

Section 38 concerns a transfer by a person authorised to transfer only in variable circumstances.

Option C

Section 34 addresses conditions requiring performance of an act, with or without a time fixed.

Option D

Section 36 concerns apportionment of periodical payments upon determination of an interest.

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