Doctrine Of Election | Essentials | Modes Of Election | Rights Of Disappointed Transferee

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Doctrine of Election

Election means choosing between two inconsistent rights and the person choosing is bound to choose any one out of them. He cannot choose both the rights in his favor he has to choose one out of two in the language of law it is known as the doctrine of election and it is defined under section 35 of transfer of property act,1882 

This doctrine is based upon equitable principles.

 

 

 Essentials

1- transferor professes to transfer property not his own 

Here profess means to contract since transferor is not the owner of the property he cannot transfer but can contract. 

He may profess to transfer property which he owned by another person and may confer some benefit to the owner of the property.

A may profess to transfer property to B which is owned by C can also confer some benefit to C.

 

2- benefit conferred on the owner of the property

The transferor must confer some benefit to the owner of the property where the owner is having vested and contingent interest both.

 

3- part of the same transaction

This rule operates only when transfer and benefit occur from the same transaction. 

These are inseparable if they are independent there is no election.

 

 

Owner’s duty to elect

If the property is professed to be transferred and in the same transaction, some benefit is given to the owner of the property.

He is under the duty to elect. He may accept it or rejects it.

 

Modes of election 

1-Express election

When the owner of the property expresses his intention in clear words. 

2-Implied election 

When the owner being aware of his duty to elect to have full knowledge accepts the benefit.

Such election means he has chosen in favor or when he enjoys the property for two or more years without doing any act of refusal or when he has exhausted or consumes the benefit given to him by the transferor.

 

 

Rights of disappointed transferee

When the owner of property elects against transfer transferee cannot get property he becomes a disappointed transferee

1- when the transfer is without consideration and transferor dies.

2- when the transfer is with consideration whether alive or dead at the time of the election. 

The transferee is entitled to get compensation from the transferor or his representatives.

 

 

 

 

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