Doctrine of election, as outlined in Section 35 of the Transfer of Property Act, 1882, involves the choice between two alternative or inconsistent rights conferred under an instrument. It emphasizes that a person cannot take under and against the same instrument, requiring them to elect (choose) only one of the conflicting rights.
Analysis of the Section
Effect of Election Against the Transfer
Exception
Mode of Election
Note
Two Years' Enjoyment
Knowledge
Time Limit for Election
Suspension of Election
Illustrations
Ostensible Owner
Principle of Ostensible Ownership
Requirements for Application
Practical Tests for Determining Ostensible Ownership
Authority vs. Title
Consent and Authority
Case Examples
Voluntary vs. Involuntary Transfers
Consideration in Transactions
Duties of Transferee
Burden of Proof
Transfer by Co-Owners
Tenancy in Common
Tenancy by Entirety
Case Law: Durga v. Debidas
Principle Involved
Illustration
Case Law: Baldev Singh v. Darshani Dev
When is a Co-owner Legally Competent to Make a Transfer?
10 docs|10 tests
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1. What is the Doctrine of Election in property law? |
2. How does the concept of Transfer by Ostensible Owner work in property transactions? |
3. What is the Doctrine of Estoppel and how does it apply in property law? |
4. What are the different types of Co-owners recognized under property law? |
5. How can Co-owners transfer their shares under the Transfer of Property Act, 1882? |
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