Question

Which of the following is not true about doctrine of election?

A Election involves a proposed transfer. Correct Answer Incorrect Answer
B Person professes property which he has right to transfer. Correct Answer Incorrect Answer
C Person professes property which he has no right to transfer Correct Answer Incorrect Answer
D 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

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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