Discuss the doctrine of election ....Also discuss the important conditions relating to doctrine of election...

Question: Discuss the doctrine of election with the help of illustrations. Also discuss the important conditions relating to doctrine of election as provided under Section 35 of Transfer of Property Act, 1882. [UPJS 2015]

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Answer

The doctrine of election is a legal principle under Section 35 of the Transfer of Property Act, 1882, which requires a person who benefits from an instrument (such as a will or deed) to accept all terms of that instrument. This doctrine is based on the maxim “qui approbat non reprobat,” meaning "one who approves cannot disapprove." In essence, if someone accepts a benefit under a transaction, they must also accept the corresponding obligations or restrictions within that transaction.

Illustration of the Doctrine of Election

Example: A property owner, X, transfers a piece of land belonging to Y to Z. In the same transaction, X grants Y another piece of property as compensation. Here, Y must make a choice (an election) to either:

Accept the transfer: In which case, Y will allow the land transfer to Z and retain the benefit provided by X.

Reject the transfer: In which case, Y will keep their land, and forfeit the benefit offered by X.

Important Conditions Relating to the Doctrine of Election

The doctrine of election under Section 35 is subject to certain key conditions:

Existence of Two Conflicting Interests: For the doctrine of election to apply, the same instrument must convey two conflicting interests. One interest should be beneficial (granted to the true owner) and the other adverse (transferring the true owner’s property to a third party).

Knowledge of the Election Requirement: The person required to elect (the true owner) must be aware of their obligation to choose. Without knowledge, the election process would be deemed incomplete or unfair.

Acceptance of Benefit Implies Election: If the true owner accepts the benefit in any form, it implies an election to validate the transfer. However, they must be fully informed that their acceptance implies consent to the adverse transfer.

Time Frame for Election: An election must be made within a reasonable time. If the true owner fails to make a choice, the law may consider their silence as acceptance, depending on the circumstances.

Conditional Election on Consideration: When electing to reject, the true owner must relinquish the benefit. The law does not allow a person to claim a benefit while simultaneously denying the corresponding obligation.

Consequence of Failure to Elect:

If the true owner fails to make an election, the doctrine assumes the owner has chosen to accept the benefit and validate the transfer. This assumption, however, depends on whether the benefit has already been appropriated.

The doctrine of election under Section 35 of the Transfer of Property Act, 1882, is a critical aspect of property law, ensuring that individuals cannot unfairly benefit from a transaction while denying its obligations. By requiring informed, timely decisions and complete relinquishment in cases of rejection, the doctrine serves to uphold fairness and consistency in property dealings.