Doctrine of Election

1. Statutory Provision
   Section 35 of the Transfer of Property Act, 1882 lays down the Doctrine of Election.
2. Meaning
   The term Election means to select between two alternative or inconsistent rights.
3. Section 35 provides that, when a person who is a stranger to the property or having no authority over the property transfers the property to a third person and by the same transaction confers some benefit upon the owner in lieu of his property, then it is the duty of the owner to elect.
4. The owner has two options:
   1. To retain the property and forfeit the benefit; or
   2. To accept the benefit and relinquish the claim over the property.
5. The principle behind the doctrine of election is that a person cannot approbate and reprobate at the same time. It means that if a person accepts one thing, he/she must accept it wholly and relinquish the other.
6. Thus, either the property or the benefit must be chosen. If a person retains the property, he/she must relinquish the benefit and if the benefit is accepted, the claim over the property must be relinquished.
7. The Privy Council in the case of Rungama V/s. Atchama held that a party shall not at the same time affirm and disaffirm in the same transaction.
8. Example
   P, a stranger/transferor, transfers the house worth Rs. 1 lakh belonging to R (owner) to S (transferee) and in the same transaction confers a benefit of Rs. 2 lakh on R. Here, R has the duty of election and must choose either to retain the property or to accept the benefit.

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