Question

    Which of the following is not true about doctrine of

    election?
    A Person professes property which he has right to transfer. Correct Answer Incorrect Answer
    B Person professes property which he has no right to transfer. Correct Answer Incorrect Answer
    C Person professes property which he has no right to transfer and is made to a person only when he holds a proprietary interest Correct Answer Incorrect Answer
    D Proprietary interest is disposed by election. Correct Answer Incorrect Answer
    E Election involves a proposed transfer. Correct Answer Incorrect Answer

    Solution

    As per the provision of the Section 35 of the Transfer of Property Act, 1882, doctrine of election can be applied in a particular case only when certain conditions are fulfilled.   "person professes to transfer property which he has no right to transfer" Election over a property is asked to be made to a person only when he holds a proprietary interest which are disposed of by the act of such professed transfer.

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