Test: Doctrine of Election - CLAT PG MCQ

The election process can be postponed if the donee is incapacitated due to reasons such as insanity or lunacy. This provision ensures that individuals who cannot make informed decisions are given time until they are capable of making an election or until a competent authority can act on their behalf.

In certain regions, a coparcener in a Hindu Joint Family can sell their share in Joint Family Property for consideration without the need for consent from other coparceners. This reflects the unique legal framework governing joint family property in Hindu law.

For a transfer by an ostensible owner to be valid, the transferee must act in good faith and take reasonable care to ensure that the ostensible owner had the authority to make the transfer. This protects innocent purchasers who rely on the appearance of ownership.

The Doctrine of Election mandates that an individual must choose between two conflicting rights conferred under an instrument, meaning they cannot take advantage of both. This principle ensures clarity and prevents individuals from benefiting selectively from conflicting provisions.

Joint tenancy includes survivorship rights, meaning that when one joint tenant dies, their share automatically passes to the surviving joint tenants. This form of ownership promotes unity and continuity among the owners.

Generally, if a person elects against the instrument, they do not forfeit all benefits but only the benefits that were specifically attached to the property in question. This allows the individual to retain other benefits that were not contingent upon the property transfer.

Section 41 specifically addresses transfers made by an ostensible owner. It allows the transfer to be valid even if the transferor did not have the actual authority, provided that the transferee acted in good faith and with reasonable care regarding the transferor's authority.

The maxim translates to "one cannot be heard who alleges contradictory things." This means that a person who benefits from a will or instrument must adhere strictly to its terms without claiming contradictory advantages, reinforcing the integrity of the instrument.

The Doctrine of Election requires that a person must choose between two inconsistent rights conferred under an instrument. This means one cannot simultaneously take advantage of both conflicting rights; they must elect one or the other, ensuring clarity and fairness in the transfer of property rights.

The maxim "Allegans contraria non est audiendus" translates to "one cannot be heard who alleges contradictory things." This principle emphasizes that a beneficiary who accepts a benefit from an instrument must adhere to its terms and cannot later contradict those terms by claiming an opposing benefit. It ensures that the rights and obligations under the instrument are respected.