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Doctrine of
election
Agenda
1
2
3
4
5
6
7
8
9
Principle
Understanding
Article 35
Essential Conditions
Rules for making election
Exceptions
Komal Kumar v. State of Haryana (2021) (IRAC Method)
Yashoda Devi v. Gopal Ram (2020) (IRAC Method)
Conclusion
Principles
The underlying principle of doctrine of election is that benefit and burden must co-exist.
A person while accepting a benefit of a deed cannot reject or go against the burden
expressed in the same
Election means choosing between two inconsistent or alternative rights. Under any
instrument if two rights are conferred on a person in a manner one right is in lieu of the
other, he is bound to elect the proposal on whole or reject on whole. In other words, he
can elect only one of them
The doctrine is based on law of equity
The doctrine of election is explained in section 35 of the TPA
The Doctrine is universal and is applicable to Hindus, Muslims as well as Christians
Understanding
B
Owner
A
Transfer
or
C
Transfer
ee
Property
(10000)
Benefit
(15000)
Property
No direct relationship
• Let’s say the cost of B’s property is Rs.
10000
• A says B, if you agree to sell your
property to C, I will give you Rs. 15000
• Doctrine of election starts here, when the
real owner i.e., B now must give effect to
this transaction. He must elect
• To either accept the offer i.e., to
agree to sell his property to C and
receive the benefit given by A of Rs.
15000
OR
• Reject the whole of it i.e., reject to
transfer the property to Cand refuse
to accept benefit
A person utilizing the benefits of an instrument also must carry the burden
attached. This doctrine contains the principle that the exercise of a choice by
a person left to himself of his own free will to do one thing or another binds
him to the choice which he ahs voluntarily made and is founded on the equitable
doctrine that he who accepts benefit under an instrument or transaction of his
choice must adopt the whole of it or renounce everything inconsistent with it.
Thus, it is a general rule that a person can not approbate and reprobate

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The document summarizes a group presentation on business law. It includes: - Names and student IDs of three group members presenting on the Contract Act 1872. - Date and class details. They will present to Miss Asma Kiran. - An overview of key topics in contract law discussed in the presentation, including essential elements of a valid contract, types of contracts, offer and acceptance, consideration, free consent, termination of contracts, and remedies for breach.

• Article 35 of the Transfer of Property Act, 1882 (TPA) in
India outlines the doctrine of election. This doctrine is a
principle of equity that requires a person to choose (elect)
between two inconsistent or alternative rights or claims.
The essence of the doctrine of election under the TPA is
that a person cannot accept and reject the same instrument.
Definition:
1. The doctrine of election means that if a person
derives a benefit under a document, he must also bear
the burden imposed by the same document. He cannot
accept the benefits without accepting the burdens.
Application:
1. When a property is transferred, and the same transfer
imposes some obligation or burden on the beneficiary,
the beneficiary must choose to accept either the whole
transfer (both benefit and burden) or reject the whole
transfer.
Importance:
1. Ensures Fairness:
1. The doctrine ensures that beneficiaries cannot
selectively accept favourable parts of a
transaction while rejecting unfavourable parts.
2. Protects Interests:
1. It protects the interests of all parties involved
by ensuring that burdens imposed by a transfer
are met if the benefits are accepted.
3. Promotes Consistency:
1. It promotes consistency and reliability in
transactions involving the transfer of property.
Article 35
Essential Conditions
The transfer should
dispose of the property
in which he has no right
to transfer
The transfer must confer
a benefit to the real
owner of the property
Both the benefits
conferred, and transfer
made must be part of the
same transaction or
document
The owner is now given a
choice of election
either to accept the
benefit and allow the
transfer or reject both
Rules for making
election
1. Knowledge of Election:
• The beneficiary must be fully informed about the situation that necessitates the election. This
includes understanding the nature of the property transfer and the conflicting rights or
benefits involved.
2. Intention to Elect:
• The election must be made with a clear and definite intention. The beneficiary's actions or
declarations should indicate their choice unequivocally.
3. Express or Implied Election:
• Express Election: The beneficiary explicitly states their choice in clear terms, either orally
or in writing.
• Implied Election: The beneficiary's conduct or actions suggest a choice. For example, accepting
benefits or exercising rights under the transfer may imply acceptance.
4. Time Frame for Election:
• The beneficiary should make the election within a reasonable period. If a specific time frame
is provided by law or the instrument, it must be adhered to. Delay in making an election might
lead to an assumption of acceptance or rejection based on the circumstances.
5. Equitable Considerations:
• The court may consider equitable principles to ensure fairness. If the beneficiary acted under
a mistaken belief or without full knowledge, the election may be reconsidered.
6. Consistency:
• Once an election is made, it is generally binding and cannot be revoked or changed. The
beneficiary must adhere to their chosen course of action consistently.
7. Impact of Election:
• Acceptance: If the beneficiary accepts the benefit under the instrument, they must also accept
the corresponding burdens or obligations.
Consequences
• Section may carry either of
two results:
• In case, proposal is
accepted- the property
of A goes to B and
property of B goes to C.
• In case, proposal is
rejected- no transfer
will take place, B will
be called refractory
donee and C will be
known as disappointed
donee.

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The document discusses the key aspects of a valid contract according to the Indian Contract Act 1872. It defines a contract as an agreement that is enforceable by law. The essential elements of a valid contract are an agreement between two competent parties based on lawful consideration and with a lawful object. An agreement requires an offer and acceptance. The document outlines the essentials of a valid offer and acceptance, as well as exceptions to the requirement of consideration for an agreement to be considered a contract.

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This document contains an assignment for a subject on legal aspects of business. It includes 6 questions related to performance of contracts, rights of surety, termination of bailment, performance of sale of goods contracts, anti-competitive agreements, and types of company meetings. For each question, it provides explanations and answers in paragraphs of varying lengths. The questions cover topics such as definitions related to contract performance, rights of sureties against creditors, principal debtors and co-sureties, circumstances for termination of bailment, duties of buyers and sellers, factors considered for anti-competitive effects, and types of statutory, annual general, extraordinary and class meetings.

Exceptions
Additional or extra benefits
given: Any extra benefit need
not to be returned even if
proposal is rejected by
refractory donee. These can
be retained by him.
Acceptance of benefit
excluding extra benefit means
‘yes’ to the proposal.
Two years enjoyment of the
property of Transferor
implies ‘yes’ to the proposal.
Status quo or say being
restoration of the property
to transferor has become
impossible- will be taken as
‘yes’ to the proposal.
Komal Kumar v. State of
Haryana (2021) (IRAC Method)
Issue
•Whether the beneficiary can elect to accept a benefit under a will while rejecting the
burdens imposed by the same will
Rule
•Under Section 35 of the Transfer of Property Act, a person who accepts a benefit under
a legal instrument must also accept the corresponding burdens imposed by the same
instrument
Application
•In this case, the court examined whether the petitioner, who accepted a property under
a will, could refuse to pay a sum of money to another beneficiary as stipulated in the
will. The petitioner argued that the condition was onerous and unjust
Conclusion
•The court held that the petitioner could not accept the property without fulfilling
the condition imposed by the will. The doctrine of election required the petitioner to
either accept both the benefit and the burden or reject both
Yashoda Devi v. Gopal Ram (2020)
(IRAC Method)
Issue
• Whether a beneficiary can challenge a will after accepting benefits under it,
based on newly discovered evidence
Rule
•The doctrine of election under Section 35 of the Transfer of Property Act requires a
beneficiary to accept the entirety of a will, including both its benefits and burdens, unless
there is a mistake or lack of knowledge
Application
•The court considered whether Yashoda Devi, who had accepted property under a will, could
challenge the validity of the will based on newly discovered evidence suggesting fraud. She
argued that she had accepted the will's benefits without full knowledge of the fraudulent
circumstances
Conclusion
•The court held that Yashoda Devi could challenge the will despite having accepted its
benefits, as the newly discovered evidence of fraud negated the informed and voluntary nature
of her initial election. Equity principles allowed for reconsideration to prevent injustice
Conclusion
• Section 35 of the Transfer of Property Act, 1882 explains the
concept of Doctrine of election. It states that when a party
transfers a property over which he doesn’t hold any right of
transfer and entailed in that transaction is the benefit conferred
upon the original owner of the property, such title holder must
elect his opinion to either validate such transfer of property or
reject it; upon rejection the benefit shall. Be relinquished back
to the transferor . If it is gratuitous like gift, pay the property
value and even the election before the transferor died , his
repetitive pay whole or exact value. In case transferer or his
representative fails to pay or give the property, he claimed
against transferor party, not against the real owner
• There are certain rules for making the election. However, there are
certain exceptions to the rule. This provides a clear understanding
of the conditions necessary for the election by the original owner
to take place.

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Contract Law: From Trust to Promise to Contract (Harvard University): This course, offered by Harvard University, covers the theoretical background of contracts, trust, and promise. It explores topics such as how contracts are formed through valid offers and acceptance, limits to enforcing contracts, issues excusing contractual performance, and available remedies for contractual breaches. The instructor, Professor Charles Fried, is a leading authority on contract law and uses a unique storytelling approach to explain the subject.

Class(3)consideration
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This document defines consideration and outlines its essential rules and types under contract law. It states that consideration is something of value that each party provides to make a contract enforceable. The rules are that consideration must move at the desire of the promisor, can come from the promisor or third party, and can be past, present or future. There are also exceptions to the general rule that an agreement without consideration is void, such as agreements on account of natural love/affection or to compensate for past voluntary services. The types of consideration are past (valid in India but not England), present, and future consideration.

Transfer of property act 1882 who can transfer
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Transfer of property act 1882 who can transfer

The document discusses key provisions around the transfer of property as per the Transfer of Property Act 1882 in India. It defines transfer of property and outlines some key principles: 1) A transfer of property is an act by a living person to convey property, present or future, to one or more living persons. 2) Certain types of future or uncertain interests cannot be transferred, such as the chance of inheritance or a legacy. 3) Some interests are not transferable if separated from the dominant property, such as easements. 4) The Act aims to enable free transfer of property, with some exceptions for interests opposed to public policy.

Thank You!

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Doctrine of Election - Property Law.pptx