International Journal For Multidisciplinary Research
E-ISSN: 2582-2160
•
Impact Factor: 9.24
A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal
Home
Research Paper
Submit Research Paper
Publication Guidelines
Publication Charges
Upload Documents
Track Status / Pay Fees / Download Publication Certi.
Editors & Reviewers
View All
Join as a Reviewer
Reviewer Referral Program
Get Membership Certificate
Current Issue
Publication Archive
Conference
Publishing Conf. with IJFMR
Upcoming Conference(s) ↓
WSMCDD-2025
GSMCDD-2025
Conferences Published ↓
RBS:RH-COVID-19 (2023)
ICMRS'23
PIPRDA-2023
Contact Us
Plagiarism is checked by the leading plagiarism checker
Call for Paper
Volume 6 Issue 5
September-October 2024
Indexing Partners
The Doctrine of Election U/S 35 of the Transfer of Property Act, 1882: Development & Contemporary Relevance
Author(s) | Mariya Faiz |
---|---|
Country | India |
Abstract | The principle of election is regulated by section 35 of the Transfer of Property Act 1882 and forms a doctrine of equity whereby there must be a choice of one inconsistent right or claims arising under the same instrument conferred by a beneficiary. The principle of election is regulated by section 35 of the Transfer of Property Act 1882. It forms a doctrine of equity whereby there must be a choice of one inconsistent right or claim arising under the same instrument conferred by a beneficiary. The doctrine keeps one from receiving the fruits of any legal document and refusing its obligations simultaneously. This doctrine is derived from the English equity law and adopted to India. It has developed into ensuring equity and justice in property, including wills, settlements, and deeds. Election refers to the necessity of electing between two conflicting or alternative rights conferred by the same instrument, where both rights cannot be enjoyed simultaneously. It underlines that the one who benefits under an instrument also bears the burden that follows it. This doctrine does not allow beneficiaries to take in favorable provisions but reject adverse ones thereby ensuring consistency and fairness. The judgment in the case of C. Beepathuma v. Viduri Shankar Narayana Kadambolithya is AIR 1965 SC 241, highlighting that the done must elect for or against the instrument. It is highly relevant to the settlement of property litigations as it averts unjust enrichment, in that a beneficiary must receive both the fruits of rights and liabilities created through a legal document. The doctrine was developed on the foundation of equity and is of high importance for the observance of justice in law concerning property as it forces recipients to either abide completely by the tenets of transfer or to relinquish the benefit. |
Keywords | Doctrine, beneficiary, obligation, property, instrument, fairness, Election. |
Field | Sociology > Administration / Law / Management |
Published In | Volume 6, Issue 5, September-October 2024 |
Published On | 2024-09-21 |
Cite This | The Doctrine of Election U/S 35 of the Transfer of Property Act, 1882: Development & Contemporary Relevance - Mariya Faiz - IJFMR Volume 6, Issue 5, September-October 2024. DOI 10.36948/ijfmr.2024.v06i05.27708 |
DOI | https://doi.org/10.36948/ijfmr.2024.v06i05.27708 |
Short DOI | https://doi.org/g4qmj6 |
Share this
E-ISSN 2582-2160
doi
CrossRef DOI is assigned to each research paper published in our journal.
IJFMR DOI prefix is
10.36948/ijfmr
Downloads
All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.