Meaning and Concept
The Doctrine of Election is a principle of equity incorporated under the Transfer of Property Act, 1882, which mandates that a person must choose (elect) between two inconsistent or alternative rights. The doctrine applies when a property owner transfers a property that does not belong to him but, under the same instrument, confers some benefit on the real owner of that property. In such cases, the true owner cannot both retain his own property and also accept the benefit given under the instrument. He must either accept the transfer and give up his property or reject the transfer and forgo the benefit. The doctrine is based on fairness, equity, and the maxim that one cannot “approbate and reprobate” at the same time.
Statutory Provision and Legal Basis
The Doctrine of Election is codified under Section 35 of the Transfer of Property Act, 1882. According to this section, where a person professes to transfer property not belonging to him, and as part of the same transaction confers a benefit on the owner of that property, the owner must elect either to confirm such transfer or to dissent from it. If the owner elects to dissent, he must relinquish the benefit conferred upon him. The section further provides that election may be express or implied by conduct. The law also protects minors by postponing election until they attain majority. This provision ensures justice and prevents unjust enrichment.
Essential Elements and Importance
For the application of the Doctrine of Election, certain essential conditions must be fulfilled. First, there must be a transfer of property by a person who has no authority over that property. Second, the transfer must be made through the same instrument which confers a benefit on the real owner. Third, the rights must be inconsistent—meaning the person cannot enjoy both simultaneously. The doctrine plays a vital role in preventing unfair advantage and maintaining balance in property transactions. It is frequently applied in cases involving wills, settlements, and family arrangements, making it an important topic in property law examinations.
Real-Time Example
A practical example of the Doctrine of Election can be seen where a father, through a will, gives his own house to his son and also attempts to give his wife’s land to the same son, while granting the wife some monetary benefit under the will. The wife must now elect either to accept the benefit and allow her land to pass to the son or to retain her land and give up the benefit. She cannot keep both. This example clearly illustrates how Section 35 of the Transfer of Property Act, 1882 operates in real-life family property disputes.
Mnemonic to Remember
A simple mnemonic to remember the Doctrine of Election is “TBCO”. T stands for Transfer of another’s property, B for Benefit given to true owner, C for Choice compulsory, and O for Only one right can be enjoyed. This mnemonic helps law students easily recall the essential ingredients of the doctrine during examinations.
About Lawgnan
To master important Law of Property doctrines like election, lis pendens, gift, mortgage, and lease with clarity and confidence, visit lawgnan.in. The platform offers simplified explanations, statutory references, real-life examples, and memory techniques tailored specifically for LLB students and competitive exam aspirants. Follow Lawgnan to enhance your legal understanding, improve answer presentation, and stay exam-ready with reliable property law content.
