Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Election (Doctrine of Election - Section 35 Transfer of Property Act)
Principles of Natural Justice & Equity
Definition
An equitable principle providing that where a person professes to transfer property which they have no right to transfer, and as part of the same transaction confers a benefit on the true owner of that property, the owner must elect either to confirm the transfer or to dissent from it.
Example
A father wills away his son's self-acquired house to a nephew, while leaving a ₹1 crore bank fixed deposit to the son; the son must elect either to surrender the house and take the ₹1 crore, or retain his house and forfeit the legacy.