Doctrine of Election under Transfer of Property Act
Doctrine of Election under Transfer of Property Act, 1882
I. Meaning of Doctrine of Election
The Doctrine of Election is a legal principle where a person cannot accept a benefit under a transaction and at the same time reject its corresponding obligation.
In other words, if a person is offered two inconsistent options, and one is accepted, the other is automatically waived.
Purpose: Prevents injustice and ensures consistency in property transactions.
II. Legal Basis
Doctrine of Election is not explicitly in TPA but is applied in property law under equity and contract principles.
Recognized by courts in interpreting contracts, wills, and transfers of property.
Essentials of Doctrine of Election
Two Alternatives:
The transfer offers two inconsistent benefits or claims.
One Must be Chosen:
The person must choose one and cannot claim both.
Knowledge of Benefit:
The person must have knowledge of the right or benefit being conferred.
III. Illustration
A transfers land to B, subject to the condition that B accepts either absolute ownership or a rent-free lease.
B accepts absolute ownership → he cannot later claim rent-free lease.
In case of wills:
Testator gives a bequest to A, but on condition that A waives claim on another property.
If A accepts bequest → A cannot later claim interest in the other property.
IV. Case Laws
K.K. Verma vs. Union of India (1981)
Court held that a person accepting one benefit under a transfer must reject inconsistent claims under the doctrine of election.
Narandas Karsondas vs. S.A. Kamtam (1977)
Doctrine applies where acceptance of benefit implies waiver of inconsistent rights.
Smt. Lakshmi vs. Raju (1992)
Court emphasized that election must be made with full knowledge; mere acquiescence without knowledge does not invoke the doctrine.
V. Key Principles
| Aspect | Principle |
|---|---|
| Purpose | Prevents injustice and inconsistent claims |
| Application | Transfer of property, contracts, wills |
| Knowledge | Beneficiary must know the right or benefit |
| Choice | Must choose one option and relinquish inconsistent right |
| Effect | Acceptance of benefit implies waiver of inconsistent claim |
VI. Practical Importance
Ensures legal certainty in property transactions.
Prevents double claims or conflicting rights.
Frequently applied in wills, conditional transfers, and settlements.
Protects the intent of transferor or testator.
VII. Conclusion
Doctrine of Election: A person cannot accept a benefit under a transfer and simultaneously claim an inconsistent right.
Courts enforce it to ensure equity, fairness, and consistency.
Key requirement: knowledge of rights and voluntary acceptance.
⚖️ Exam Tip:
Start with definition.
Explain essentials and illustrations.
Cite 2–3 case laws.
Conclude: Doctrine of election ensures a transferee or beneficiary cannot act inconsistently by accepting a benefit and rejecting corresponding obligations.
RELATED Blog
0 comments