The doctrine of Election under the Transfer of Property Act
The doctrine of election is a legal clause in the Transfer of Property Act that prohibits a person from exercising a right that they otherwise would have. The doctrine of election has a very wide scope. Equity-based principles serve as the foundation for the doctrine of election. It is applicable to all types of property, whether movable or immovable, and to all types of legal documents, including wills and deeds. A person cannot opt to accept only the parts of a deal or instrument that are advantageous to him and reject the others. Let’s now talk about the doctrine of election as it is mentioned in Section 35 of the Transfer of Property Act, using some relevant examples and significant precedents.
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