Doctrine of Election, section 35, Transfer of Property Act 1882

Doctrine of Election: Here in this article you can learn the doctrine of election, section 35, the Transfer of Property Act 1882

Doctrine of Election, section 35, Transfer of Property Act:

The first talk about the election. What is election means? Election means to choose an option when a person has so many options, and he or she has a right to chose a particular one option, its called an election. If we define the doctrine of election, then we can say: Where a person transfers the property to someone, and the particular property doesn't belong to him or he has no title of that property, that means he has no ownership of that property, but somehow he transfer that property, and after that he gives his own property or some benefits to the real owner. Now the real owner of that property has a right to elect or dissect it. If the real owner agrees to that contract or elects that transfer, then this kind of transfer have become valid.

If the real owner of that land dissent that contract, then the contract become void. In this case the middle person, who transfer the property to someone, that someone or transferee if invest in that property and he face a financial loss, because the real owner of that property dissent the contract, and take back the property, then the person who faces the lose, he can file a suit against that transferor or who transfer that property to him.

Exceptions of that Doctrine :

1. If the real owner know about the transfer or the middle person or the transferor give a notice about that transfer and also give him a choice to take another property as a replacement or take some kind of benefits and make this transfer valid, the real owner doesn't respond the after received that notice for next one year, then the court considers him he agrees with this contract.

2. If the real owner knows about that transfer, and he takes the benefit from that transfer, but still doesn't give his decision about that contract and if it over two years, the court think he gives a consent about that contract. Then the contract becomes valid.

Illustration:

Here property 1 real owner is C. But A transfer this property to B. A sent a notice about that transfer to C and give him benefits of that transfer or give him another property as a replacement. If C agree then the transfer becomes valid. If C refuse that contract, then the transfer becomes void. And the property returns back to C from B. And in this case, if B invest on that property and he faces the financial loss for returning that property, he can file a suit against A and searching for compensation.

If B sells this property to someone else with consideration, then the person who bought this property with consideration and with good faiths, then the property are not returned to C., In this case, C such a remedy through A from B.