It goes on to discuss the exceptions to the doctrine and also the modes of election. Section 35 doctrine of election section 35 transfer of property act complete explanation duration. What is doctrine of election under the transfer of. Election means choosing between two alternative rights or inconsistent rights. Property rera by advocate rajesh kumar dudani duration. The foundation of the doctrine of election is that person taking the benefit of an instrument must also bear its burden. In simple words, a person utilizing the benefits of an instrument also has to carry the burden attached. It subsumes the doctrine of election alongwith sections 180190 of the indian succession act 1925. Hello bare act language understand difficult to me please how can i undestand it. It is a breach to the general rule that one cannot blow hot and cold at the same time.
Doc doctrine of election under the transfer of property. According to the section 35 where a person i professes to transfer property which he has no right to transfer, and ii as part of the same transaction, confers any. What is doctrine of election in transfer to property act, 1882. Election is the offshoot of one of the principles of equity. Section 35 of transfer to property act, 1882 incorporates the doctrine of election. The doctrine of election in the light of transfer of property act1882. Provisions of section 53a of transfer of property act, 1882. The doctrine was directly applied in the case of mangaldas v runchhoddas. Introduction the doctrine of election is stated in sec. Section 35 doctrine of election section 35 transfer of property act complete. If two rights are endowed on a person under any instrument in such a manner that one right is.
In simple words, a person utilizing the benefits of an. Doctrine of election under the transfer of property act, 1882 avinandan dhar1. This video helps me a lot to understand the doctrine of election. Asa university bangladesh term on doctrine of election under the transfer of property act, 1882 submitted to. Doctrine of election section 35 of the transfer of property act, 1882. Pdf doctrine of election under the transfer of property act, 1882. If you want to continue this discussion or have a follow up question, please post it on the network. This paper discusses the doctrine of election which is given in section 35 of the transfer of property act and also sections 180190 of the indian succession act. It was decided by the tribunal that was a transfer of property under section 53a of the transfer of property act, 1882, which fell within scope of section 247v of the income tax act, 1961. Doctrine of election transfer of property act, 1882. It subsumes the doctrine of election alongwith sections 180190 of. Meaning and essentials of doctrine of election slideshare. The doctrine of election is explained in section 35 of the transfer of property act. This doctrine is universal and is applicable to hindus, muslims as well as christians.